Bill Text: NY A08646 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to offenses involving thefts of identity.
Spectrum: Strong Partisan Bill (Democrat 31-2)
Status: (Introduced - Dead) 2012-01-31 - print number 8646a [A08646 Detail]
Download: New_York-2011-A08646-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8646--A
2011-2012 Regular Sessions
I N A S S E M B L Y
October 11, 2011
___________
Introduced by M. of A. KAVANAGH, ZEBROWSKI, TITONE, JAFFEE, WEISENBERG,
GUNTHER, COLTON, ROBINSON, GALEF, GABRYSZAK, SCARBOROUGH, GIBSON,
HOOPER, M. MILLER, RAMOS, COOK, P. RIVERA, WEPRIN -- Multi-Sponsored
by -- M. of A. BRENNAN, ENGLEBRIGHT, GOTTFRIED, HEASTIE, JEFFRIES,
LUPARDO, McKEVITT, PAULIN, REILLY, SCHIMEL, SIMOTAS, SWEENEY, THIELE
-- read once and referred to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, the criminal procedure law, the general
business law, the state technology law and the executive law, in
relation to offenses involving theft of identity; and to repeal
certain provisions of the criminal procedure law and the penal law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The penal law is amended by adding a new article 191 to
2 read as follows:
3 ARTICLE 191
4 OFFENSES INVOLVING THEFT OF IDENTITY
5 SECTION 191.00 DEFINITIONS.
6 191.05 PETIT IDENTITY THEFT.
7 191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
8 191.15 IDENTITY THEFT IN THE THIRD DEGREE.
9 191.20 IDENTITY THEFT IN THE SECOND DEGREE.
10 191.25 IDENTITY THEFT IN THE FIRST DEGREE.
11 191.30 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
12 IN THE THIRD DEGREE.
13 191.35 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
14 IN THE SECOND DEGREE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05183-04-2
A. 8646--A 2
1 191.40 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION
2 IN THE FIRST DEGREE.
3 191.45 DEFENSES.
4 191.50 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND
5 DEGREE.
6 191.55 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST
7 DEGREE.
8 S 191.00 DEFINITIONS.
9 1. FOR THE PURPOSES OF THIS ARTICLE "PERSONAL IDENTIFYING INFORMATION"
10 MEANS A PERSON'S NAME, ADDRESS, TELEPHONE NUMBER, DATE OF BIRTH, DRIV-
11 ER'S LICENSE NUMBER, SOCIAL SECURITY NUMBER, PLACE OF EMPLOYMENT, MOTH-
12 ER'S MAIDEN NAME, FINANCIAL SERVICES ACCOUNT NUMBER OR CODE, SAVINGS
13 ACCOUNT NUMBER OR CODE, CHECKING ACCOUNT NUMBER OR CODE, BROKERAGE
14 ACCOUNT NUMBER OR CODE, CREDIT CARD ACCOUNT NUMBER OR CODE, DEBIT CARD
15 NUMBER OR CODE, AUTOMATED TELLER MACHINE NUMBER OR CODE, TAXPAYER IDEN-
16 TIFICATION NUMBER, COMPUTER SYSTEM PASSWORD, SIGNATURE OR COPY OF A
17 SIGNATURE, ELECTRONIC SIGNATURE, UNIQUE BIOMETRIC DATA THAT IS A FINGER-
18 PRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE OF ANOTHER PERSON, TELE-
19 PHONE CALLING CARD NUMBER, MOBILE IDENTIFICATION NUMBER OR CODE, ELEC-
20 TRONIC SERIAL NUMBER OR PERSONAL IDENTIFICATION NUMBER, MEDICAL
21 INFORMATION, MEDICAL INSURANCE INFORMATION, OR ANY OTHER NAME, NUMBER,
22 CODE OR INFORMATION THAT MAY BE USED ALONE OR IN CONJUNCTION WITH OTHER
23 SUCH INFORMATION TO ASSUME THE IDENTITY OF ANOTHER PERSON.
24 2. FOR THE PURPOSES OF THIS ARTICLE:
25 (A) "ELECTRONIC SIGNATURE" SHALL HAVE THE SAME MEANING AS DEFINED IN
26 SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY
27 LAW.
28 (B) "PERSONAL IDENTIFICATION NUMBER" MEANS ANY NUMBER OR CODE WHICH
29 MAY BE USED ALONE OR IN CONJUNCTION WITH ANY OTHER INFORMATION TO ASSUME
30 THE IDENTITY OF ANOTHER PERSON OR ACCESS FINANCIAL RESOURCES OR CREDIT
31 OF ANOTHER PERSON.
32 (C) "MEMBER OF THE ARMED FORCES" SHALL MEAN A PERSON IN THE MILITARY
33 SERVICE OF THE UNITED STATES OR THE MILITARY SERVICE OF THE STATE,
34 INCLUDING BUT NOT LIMITED TO, THE ARMED FORCES OF THE UNITED STATES, THE
35 ARMY NATIONAL GUARD, THE AIR NATIONAL GUARD, THE NEW YORK NAVAL MILITIA,
36 THE NEW YORK GUARD, AND SUCH ADDITIONAL FORCES AS MAY BE CREATED BY THE
37 FEDERAL OR STATE GOVERNMENT AS AUTHORIZED BY LAW.
38 (D) "MEDICAL INFORMATION" MEANS ANY INFORMATION REGARDING AN INDIVID-
39 UAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREAT-
40 MENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL.
41 (E) "MEDICAL INSURANCE INFORMATION" MEANS AN INDIVIDUAL'S HEALTH
42 INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY UNIQUE
43 IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY THE INDIVIDUAL OR ANY
44 INFORMATION IN AN INDIVIDUAL'S APPLICATION AND CLAIMS HISTORY, INCLUD-
45 ING, BUT NOT LIMITED TO, APPEALS HISTORY.
46 S 191.05 PETIT IDENTITY THEFT.
47 A PERSON IS GUILTY OF PETIT IDENTITY THEFT WHEN HE OR SHE KNOWINGLY
48 AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY OF ANOTHER PERSON BY
49 PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT
50 OTHER PERSON OR BY USING PERSONAL IDENTIFYING INFORMATION OF THAT OTHER
51 PERSON, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES
52 CREDIT IN THE NAME OF SUCH OTHER PERSON OR CAUSES FINANCIAL LOSS TO SUCH
53 PERSON OR TO ANOTHER PERSON OR PERSONS.
54 PETIT IDENTITY THEFT IS A CLASS A MISDEMEANOR.
55 S 191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
A. 8646--A 3
1 A PERSON IS GUILTY OF IDENTITY THEFT IN THE FOURTH DEGREE WHEN HE OR
2 SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
3 1. ASSUMES THE IDENTITY OF ANOTHER PERSON BY PRESENTING HIMSELF OR
4 HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT OTHER PERSON OR BY
5 USING PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND THERE-
6 BY:
7 (A) OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
8 NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE
9 HUNDRED DOLLARS; OR
10 (B) CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
11 PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED DOLLARS; OR
12 (C) COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS AN ACCESSORY TO
13 THE COMMISSION OF A FELONY; OR
14 (D) COMMITS THE CRIME OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
15 191.05 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A MEMBER OF
16 THE ARMED FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED OUTSIDE OF
17 THE CONTINENTAL UNITED STATES; OR
18 (E) COMMITS THE CRIME OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
19 191.05 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A VULNERABLE
20 ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS
21 PART, OR A PERSON WHO IS UNABLE TO CARE FOR HIMSELF OR HERSELF BECAUSE
22 OF PHYSICAL DISABILITY, MENTAL DISEASE OR DEFECT, OR BECAUSE HE OR SHE
23 IS A MINOR; OR
24 2. ASSUMES THE IDENTITY OF THREE OR MORE PERSONS BY PRESENTING HIMSELF
25 OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS,
26 OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
27 THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
28 NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
29 PERSON, OR TO ANOTHER PERSON OR PERSONS.
30 IDENTITY THEFT IN THE FOURTH DEGREE IS A CLASS E FELONY.
31 S 191.15 IDENTITY THEFT IN THE THIRD DEGREE.
32 A PERSON IS GUILTY OF IDENTIFY THEFT IN THE THIRD DEGREE WHEN HE OR
33 SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
34 1. (A) ASSUMES THE IDENTITY OF ANOTHER PERSON BY PRESENTING HIMSELF OR
35 HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT OTHER PERSON OR BY
36 USING PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND THERE-
37 BY:
38 (A) OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
39 NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO THOU-
40 SAND DOLLARS; OR
41 (B) CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
42 PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO THOUSAND DOLLARS; OR
43 (C) COMMITS OR ATTEMPTS TO COMMIT A CLASS D FELONY OR HIGHER LEVEL
44 CRIME OR ACTS AS AN ACCESSORY TO THE COMMISSION OF A CLASS D OR HIGHER
45 LEVEL FELONY; OR
46 (D) COMMITS THE CRIME OF IDENTITY THEFT IN THE FOURTH DEGREE AS
47 DEFINED IN SECTION 191.10 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY
48 CONVICTED WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED
49 IN SECTION 191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN
50 SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN THIS
51 SECTION, IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION
52 191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25,
53 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD
54 DEGREE AS DEFINED IN SECTION 191.30, UNLAWFUL POSSESSION OF PERSONAL
55 IDENTIFYING INFORMATION IN THE SECOND DEGREE AS DEFINED IN SECTION
56 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
A. 8646--A 4
1 FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL POSSESSION OF A
2 SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAW-
3 FUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN
4 SECTION 191.55, GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION
5 155.30, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED IN SECTION 155.35,
6 GRAND LARCENY IN THE SECOND DEGREE AS DEFINED IN SECTION 155.40 OR GRAND
7 LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42, CRIMINAL
8 POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN
9 SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND
10 DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL POSSESSION OF A FORGED
11 INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL
12 POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN SECTION
13 165.40, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS
14 DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
15 THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN
16 PROPERTY IN THE SECOND DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL
17 POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION
18 165.54, OR CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION
19 170.40 OF THIS CHAPTER; OR
20 (E) COMMITS THE CRIME OF IDENTITY THEFT IN THE FOURTH DEGREE AS
21 DEFINED IN SECTION 191.10 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER
22 PERSON IS A MEMBER OF THE ARMED FORCES, AND KNOWS THAT SUCH MEMBER IS
23 PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
24 (F) COMMITS THE CRIME OF IDENTITY THEFT IN THE FOURTH DEGREE AS
25 DEFINED IN SECTION 191.10 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER
26 PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF
27 SECTION 260.31 OF THIS PART, OR A PERSON WHO IS UNABLE TO CARE FOR
28 HIMSELF OR HERSELF BECAUSE OF PHYSICAL DISABILITY, MENTAL DISEASE OR
29 DEFECT, OR BECAUSE HE OR SHE IS A MINOR; OR
30 2. ASSUMES THE IDENTITY OF TEN OR MORE PERSONS BY PRESENTING HIMSELF
31 OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS,
32 OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
33 THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
34 NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
35 PERSON, OR TO ANOTHER PERSON OR PERSONS.
36 IDENTITY THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
37 S 191.20 IDENTITY THEFT IN THE SECOND DEGREE.
38 A PERSON IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN HE OR
39 SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
40 1. ASSUMES THE IDENTITY OF ANOTHER PERSON BY PRESENTING HIMSELF OR
41 HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT OTHER PERSON OR BY
42 USING PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND THERE-
43 BY:
44 (A) OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
45 NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS
46 TWENTY-FIVE THOUSAND DOLLARS; OR
47 (B) CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
48 PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-FIVE THOUSAND
49 DOLLARS; OR
50 (C) COMMITS OR ATTEMPTS TO COMMIT A CLASS C FELONY OR HIGHER LEVEL
51 CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C OR HIGHER
52 LEVEL FELONY; OR
53 (D) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
54 IN SECTION 191.15 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
55 WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
56 191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN SECTION
A. 8646--A 5
1 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION 191.15,
2 IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN THIS SECTION, IDENTITY
3 THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25, UNLAWFUL
4 POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD DEGREE AS
5 DEFINED IN SECTION 191.30, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
6 INFORMATION IN THE SECOND DEGREE AS DEFINED IN SECTION 191.35, UNLAWFUL
7 POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST DEGREE AS
8 DEFINED IN SECTION 191.40, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
9 THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION OF A
10 SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.55, GRAND
11 LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30, GRAND LARCENY
12 IN THE THIRD DEGREE AS DEFINED IN SECTION 155.35, GRAND LARCENY IN THE
13 SECOND DEGREE AS DEFINED IN SECTION 155.40 OR GRAND LARCENY IN THE FIRST
14 DEGREE AS DEFINED IN SECTION 155.42, CRIMINAL POSSESSION OF A FORGED
15 INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL
16 POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN
17 SECTION 170.25, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST
18 DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROP-
19 ERTY IN THE FIFTH DEGREE AS DEFINED SECTION 165.40, CRIMINAL POSSESSION
20 OF STOLEN PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION 165.45,
21 CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN
22 SECTION 165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND
23 DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROP-
24 ERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54, OR CRIMINAL
25 POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAP-
26 TER; OR
27 (E) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
28 IN SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A
29 MEMBER OF THE ARMED FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED
30 OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
31 (F) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
32 IN SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A
33 VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION
34 260.31 OF THIS PART, OR A PERSON WHO IS UNABLE TO CARE FOR HIMSELF OR
35 HERSELF BECAUSE OF PHYSICAL DISABILITY, MENTAL DISEASE OR DEFECT, OR
36 BECAUSE HE OR SHE IS A MINOR; OR
37 2. ASSUMES THE IDENTITY OF TWENTY-FIVE OR MORE PERSONS BY PRESENTING
38 HIMSELF OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER
39 PERSONS, OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER
40 PERSONS, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES
41 CREDIT IN THE NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT
42 LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
43 IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
44 S 191.25 IDENTITY THEFT IN THE FIRST DEGREE.
45 A PERSON IS GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE WHEN HE OR
46 SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
47 1. ASSUMES THE IDENTITY OF ANOTHER PERSON BY PRESENTING HIMSELF OR
48 HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT OTHER PERSON OR BY
49 USING PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND THERE-
50 BY:
51 (A) OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
52 NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO
53 HUNDRED THOUSAND DOLLARS; OR
54 (B) CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR
55 PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO HUNDRED THOUSAND
56 DOLLARS; OR
A. 8646--A 6
1 (C) COMMITS OR ATTEMPTS TO COMMIT A CLASS B FELONY OR HIGHER LEVEL
2 CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS B OR HIGHER
3 LEVEL FELONY; OR
4 (D) COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS
5 DEFINED IN SECTION 191.20 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY
6 CONVICTED WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED
7 IN SECTION 191.05, IDENTITY THEFT IN THE FOURTH DEGREE AS DEFINED IN
8 SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION
9 191.15, IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 191.20
10 OF THIS ARTICLE, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN THIS
11 SECTION, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
12 SECOND DEGREE AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF
13 PERSONAL IDENTIFYING INFORMATION IN THE FIRST DEGREE AS DEFINED IN
14 SECTION 191.40, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND
15 DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION OF A SKIMMER
16 DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.55, GRAND LARCENY
17 IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30, GRAND LARCENY IN THE
18 THIRD DEGREE AS DEFINED IN SECTION 155.35, GRAND LARCENY IN THE SECOND
19 DEGREE AS DEFINED IN SECTION 155.40 OR GRAND LARCENY IN THE FIRST DEGREE
20 AS DEFINED IN SECTION 155.42, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
21 IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF
22 A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25,
23 CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS
24 DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
25 FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN
26 PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL
27 POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION
28 165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS
29 DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
30 FIRST DEGREE AS DEFINED IN SECTION 165.54, OR CRIMINAL POSSESSION OF
31 FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER; OR
32 (E) COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS
33 DEFINED IN SECTION 191.20 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER
34 PERSON IS A MEMBER OF THE ARMED FORCES, AND KNOWS THAT SUCH MEMBER IS
35 PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
36 (F) COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS
37 DEFINED IN SECTION 191.20 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER
38 PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF
39 SECTION 260.31 OF THIS PART, OR A PERSON WHO IS UNABLE TO CARE FOR
40 HIMSELF OR HERSELF BECAUSE OF PHYSICAL DISABILITY, MENTAL DISEASE OR
41 DEFECT, OR BECAUSE HE OR SHE IS A MINOR; OR
42 2. ASSUMES THE IDENTITY OF FIFTY OR MORE PERSONS BY PRESENTING HIMSELF
43 OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS,
44 OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
45 THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
46 NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
47 PERSON, OR TO ANOTHER PERSON OR PERSONS.
48 IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
49 S 191.30 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
50 THIRD DEGREE.
51 A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
52 INFORMATION IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES A
53 PERSON'S PERSONAL IDENTIFYING INFORMATION AS DEFINED IN SECTION 191.00
54 OF THIS ARTICLE OF ANOTHER PERSON KNOWING SUCH INFORMATION IS INTENDED
55 TO BE USED IN FURTHERANCE OF THE COMMISSION OF A CRIME DEFINED IN THIS
56 CHAPTER.
A. 8646--A 7
1 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD
2 DEGREE IS A CLASS A MISDEMEANOR.
3 S 191.35 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
4 SECOND DEGREE.
5 A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
6 INFORMATION IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES
7 FIFTY OR MORE ITEMS OF PERSONAL IDENTIFYING INFORMATION AS DEFINED IN
8 SECTION 191.00 OF THIS ARTICLE KNOWING SUCH INFORMATION IS INTENDED TO
9 BE USED IN FURTHERANCE OF THE COMMISSION OF A CRIME DEFINED IN THIS
10 CHAPTER.
11 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND
12 DEGREE IS A CLASS E FELONY.
13 S 191.40 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
14 FIRST DEGREE.
15 A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
16 INFORMATION IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF
17 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND
18 DEGREE AND:
19 1. WITH INTENT TO FURTHER THE COMMISSION OF IDENTITY THEFT IN THE
20 THIRD DEGREE, HE OR SHE SUPERVISES MORE THAN THREE ACCOMPLICES; OR
21 2. HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE YEARS
22 OF PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT IN
23 THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE
24 THIRD DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND
25 DEGREE AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE
26 AS DEFINED IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
27 ING INFORMATION THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAWFUL
28 POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE AS
29 DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
30 INFORMATION IN THE FIRST DEGREE AS DEFINED IN THIS SECTION, UNLAWFUL
31 POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN
32 SECTION 191.50, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST
33 DEGREE AS DEFINED IN SECTION 191.55, GRAND LARCENY IN THE FOURTH DEGREE
34 AS DEFINED IN SECTION 155.30, GRAND LARCENY IN THE THIRD DEGREE AS
35 DEFINED IN SECTION 155.35, GRAND LARCENY IN THE SECOND DEGREE AS DEFINED
36 IN SECTION 155.40 OR GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN
37 SECTION 155.42, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD
38 DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF A FORGED
39 INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL
40 POSSESSION OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN
41 SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH
42 DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROP-
43 ERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL
44 POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION
45 165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS
46 DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
47 FIRST DEGREE AS DEFINED IN SECTION 165.54, OR CRIMINAL POSSESSION OF
48 FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER; OR
49 3. WITH INTENT TO FURTHER THE COMMISSION OF IDENTITY THEFT IN THE
50 SECOND DEGREE:
51 (A) HE OR SHE SUPERVISES MORE THAN TWO ACCOMPLICES, AND
52 (B) HE OR SHE KNOWS THAT THE PERSON WHOSE PERSONAL IDENTIFYING INFOR-
53 MATION THAT HE OR SHE POSSESSES IS A MEMBER OF THE ARMED FORCES, AND
54 (C) HE OR SHE KNOWS THAT SUCH MEMBER OF THE ARMED FORCES IS PRESENTLY
55 DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES.
A. 8646--A 8
1 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST
2 DEGREE IS A CLASS D FELONY.
3 S 191.45 DEFENSES.
4 IN ANY PROSECUTION FOR IDENTITY THEFT OR UNLAWFUL POSSESSION OF
5 PERSONAL IDENTIFYING INFORMATION PURSUANT TO THIS ARTICLE, IT SHALL BE
6 AN AFFIRMATIVE DEFENSE THAT THE PERSON CHARGED WITH THE OFFENSE:
7 1. WAS UNDER TWENTY-ONE YEARS OF AGE AT THE TIME OF COMMITTING THE
8 OFFENSE AND THE PERSON USED OR POSSESSED THE PERSONAL IDENTIFYING INFOR-
9 MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING ALCOHOL;
10 2. WAS UNDER EIGHTEEN YEARS OF AGE AT THE TIME OF COMMITTING THE
11 OFFENSE AND THE PERSON USED OR POSSESSED THE PERSONAL IDENTIFYING INFOR-
12 MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING TOBACCO PRODUCTS;
13 OR
14 3. USED OR POSSESSED THE PERSONAL IDENTIFYING INFORMATION OF ANOTHER
15 PERSON SOLELY FOR THE PURPOSE OF MISREPRESENTING THE PERSON'S AGE TO
16 GAIN ACCESS TO A PLACE THE ACCESS TO WHICH IS RESTRICTED BASED ON AGE.
17 S 191.50 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE.
18 1. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
19 THE SECOND DEGREE WHEN HE OR SHE POSSESSES A SKIMMER DEVICE WITH THE
20 INTENT THAT SUCH DEVICE BE USED IN FURTHERANCE OF THE COMMISSION OF THE
21 CRIME OF IDENTITY THEFT OR UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
22 INFORMATION AS DEFINED IN THIS ARTICLE.
23 2. FOR PURPOSES OF THIS ARTICLE, "SKIMMER DEVICE" MEANS A DEVICE
24 DESIGNED OR ADAPTED TO OBTAIN PERSONAL IDENTIFYING INFORMATION FROM A
25 CREDIT CARD, DEBIT CARD, PUBLIC BENEFIT CARD, ACCESS CARD OR DEVICE, OR
26 OTHER CARD OR DEVICE THAT CONTAINS PERSONAL IDENTIFYING INFORMATION.
27 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE IS A
28 CLASS A MISDEMEANOR.
29 S 191.55 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE.
30 A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE
31 FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL POSSESSION OF
32 A SKIMMER DEVICE IN THE SECOND DEGREE AND HE OR SHE HAS BEEN PREVIOUSLY
33 CONVICTED WITHIN THE LAST FIVE YEARS OF IDENTITY THEFT IN THE FOURTH
34 DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE
35 AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND DEGREE AS
36 DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED
37 IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMA-
38 TION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAWFUL
39 POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE AS
40 DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
41 INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL
42 POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN
43 SECTION 191.50, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST
44 DEGREE AS DEFINED IN THIS SECTION, GRAND LARCENY IN THE FOURTH DEGREE AS
45 DEFINED IN SECTION 155.30, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED
46 IN SECTION 155.35, GRAND LARCENY IN THE SECOND DEGREE AS DEFINED IN
47 SECTION 155.40, GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION
48 155.42, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE
49 AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
50 IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL POSSESSION
51 OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30,
52 CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN
53 SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH
54 DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROP-
55 ERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMINAL
56 POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS DEFINED IN SECTION
A. 8646--A 9
1 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE AS
2 DEFINED IN SECTION 165.54, OR CRIMINAL POSSESSION OF FORGERY DEVICES AS
3 DEFINED IN SECTION 170.40 OF THIS CHAPTER.
4 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE IS A CLASS
5 E FELONY.
6 S 2. Paragraph (a) of subdivision 1 of section 460.10 of the penal
7 law, as amended by chapter 405 of the laws of 2010, is amended to read
8 as follows:
9 (a) Any of the felonies set forth in this chapter: sections 120.05,
10 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
11 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
12 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
13 135.25 relating to kidnapping; section 135.35 relating to labor traf-
14 ficking; section 135.65 relating to coercion; sections 140.20, 140.25
15 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
16 relating to criminal mischief; article one hundred fifty relating to
17 arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
18 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
19 care fraud; article one hundred sixty relating to robbery; sections
20 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
21 stolen property; sections 165.72 and 165.73 relating to trademark coun-
22 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
23 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
24 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
25 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
26 to criminal diversion of prescription medications and prescriptions;
27 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
28 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00,
29 215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 187.20
30 and 187.25 relating to residential mortgage fraud, sections 190.40 and
31 190.42 relating to criminal usury; section 190.65 relating to schemes to
32 defraud; SECTIONS 191.05, 191.10, 191.15, 191.20, 191.25, 191.30,
33 191.35, 191.40, 191.50 AND 191.55 RELATING TO IDENTITY THEFT, sections
34 205.60 and 205.65 relating to hindering prosecution; sections 210.10,
35 210.15, and 215.51 relating to perjury and contempt; section 215.40
36 relating to tampering with physical evidence; sections 220.06, 220.09,
37 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,
38 220.55, 220.60 and 220.77 relating to controlled substances; sections
39 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and
40 230.32 relating to promoting prostitution; section 230.34 relating to
41 sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 relating to
42 obscenity; sections 263.10 and 263.15 relating to promoting a sexual
43 performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
44 265.13 and the provisions of section 265.10 which constitute a felony
45 relating to firearms and other dangerous weapons; and sections 265.14
46 and 265.16 relating to criminal sale of a firearm; and section 275.10,
47 275.20, 275.30, or 275.40 relating to unauthorized recordings; and
48 sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering;
49 or
50 S 3. Paragraph (a) of subdivision 3 of section 490.05 of the penal
51 law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
52 is amended to read as follows:
53 (a) "Specified offense" for purposes of this article means a class A
54 felony offense other than an offense as defined in article two hundred
55 twenty, a violent felony offense as defined in section 70.02,
56 manslaughter in the second degree as defined in section 125.15, criminal
A. 8646--A 10
1 tampering in the first degree as defined in section 145.20, identity
2 theft in the second degree as defined in section [190.79] 191.20, iden-
3 tity theft in the first degree as defined in section [190.80] 191.25,
4 unlawful possession of personal identification information in the second
5 degree as defined in section [190.82] 191.35, unlawful possession of
6 personal identification information in the first degree as defined in
7 section [190.83] 191.40, money laundering in support of terrorism in the
8 fourth degree as defined in section 470.21, money laundering in support
9 of terrorism in the third degree as defined in section 470.22, money
10 laundering in support of terrorism in the second degree as defined in
11 section 470.23, money laundering in support of terrorism in the first
12 degree as defined in section 470.24 of this chapter, and includes an
13 attempt or conspiracy to commit any such offense.
14 S 4. Paragraph (l) of subdivision 4 of section 20.40 of the criminal
15 procedure law, as amended by section 3 of subpart C of part C of chapter
16 97 of the laws of 2011, is amended to read as follows:
17 (l) An offense of identity theft or unlawful possession of personal
18 identifying information and all criminal acts committed [as part of the
19 same criminal transaction as defined in subdivision two of section 40.10
20 of this chapter] IN CONNECTION WITH THOSE CRIMES OR COMMITTED THROUGH
21 THE CRIMINAL MISUSE OF PERSONAL IDENTIFYING INFORMATION may be prose-
22 cuted (i) in any county in which part of the offense took place regard-
23 less of whether the defendant was actually present in such county, or
24 (ii) in the county in which the person who suffers financial loss
25 resided at the time of the commission of the offense, or (iii) in the
26 county where the person whose personal identifying information was used
27 in the commission of the offense resided at the time of the commission
28 of the offense. The law enforcement agency of any such county shall take
29 a police report of the matter and provide the complainant with a copy of
30 such report at no charge.
31 S 5. Paragraph (s) of subdivision 8 of section 700.05 of the criminal
32 procedure law is REPEALED and a new paragraph (s) is added to read as
33 follows:
34 (S) PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT
35 IN THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE
36 THIRD DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND
37 DEGREE AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE
38 AS DEFINED IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
39 ING INFORMATION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAW-
40 FUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE
41 AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
42 ING INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAW-
43 FUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN
44 SECTION 191.50, OR UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST
45 DEGREE AS DEFINED IN SECTION 191.55 OF THE PENAL LAW.
46 S 6. Paragraph (b) of subdivision 1 of section 899-aa of the general
47 business law, as added by chapter 442 of the laws of 2005, is amended to
48 read as follows:
49 (b) "Private information" shall mean personal information consisting
50 of any information in combination with any one or more of the following
51 data elements, when either the personal information or the data element
52 is not encrypted, or encrypted with an encryption key that has also been
53 acquired:
54 (1) social security number;
55 (2) driver's license number or non-driver identification card number;
56 or
A. 8646--A 11
1 (3) account number, credit or debit card number, in combination with
2 any required security code, access code, or password that would permit
3 access to an individual's financial account; OR
4 (4) MEDICAL INFORMATION; OR
5 (5) HEALTH INSURANCE INFORMATION;
6 FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
7 MATION REGARDING AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL
8 CONDITION, OR MEDICAL TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFES-
9 SIONAL.
10 FOR PURPOSES OF THIS PARAGRAPH, "HEALTH INSURANCE INFORMATION" MEANS
11 AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
12 TION NUMBER, ANY UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY
13 THE INDIVIDUAL OR ANY INFORMATION IN AN INDIVIDUAL'S APPLICATION AND
14 CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
15 "Private information" does not include publicly available information
16 which is lawfully made available to the general public from federal,
17 state, or local government records.
18 S 7. Paragraph (a) of subdivision 1 of section 208 of the state tech-
19 nology law, as added by chapter 442 of the laws of 2005, is amended to
20 read as follows:
21 (a) "Private information" shall mean personal information in combina-
22 tion with any one or more of the following data elements, when either
23 the personal information or the data element is not encrypted or
24 encrypted with an encryption key that has also been acquired:
25 (1) social security number;
26 (2) driver's license number or non-driver identification card number;
27 or
28 (3) account number, credit or debit card number, in combination with
29 any required security code, access code, or password which would permit
30 access to an individual's financial account[.]; OR
31 (4) MEDICAL INFORMATION; OR
32 (5) HEALTH INSURANCE INFORMATION.
33 FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
34 MATION REGARDING AN INDIVIDUAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL
35 CONDITION, OR MEDICAL TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFES-
36 SIONAL.
37 FOR PURPOSES OF THIS PARAGRAPH, "HEALTH INSURANCE INFORMATION" MEANS
38 AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
39 TION NUMBER, ANY UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY
40 THE INDIVIDUAL OR ANY INFORMATION IN AN INDIVIDUAL'S APPLICATION AND
41 CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
42 "Private information" does not include publicly available information
43 that is lawfully made available to the general public from federal,
44 state, or local government records.
45 S 8. Sections 190.77, 190.78, 190.79, 190.80, 190.81, 190.82, 190.83,
46 190.84, 190.85 and 190.86 of the penal law are REPEALED.
47 S 9. Subdivision 1 of section 60.27 of the penal law, as amended by
48 chapter 279 of the laws of 2008, is amended to read as follows:
49 1. In addition to any of the dispositions authorized by this article,
50 the court shall consider restitution or reparation to the victim of the
51 crime and may require restitution or reparation as part of the sentence
52 imposed upon a person convicted of an offense, and after providing the
53 district attorney with an opportunity to be heard in accordance with the
54 provisions of this subdivision, require the defendant to make restitu-
55 tion of the fruits of his or her offense or reparation for the actual
56 out-of-pocket loss caused thereby and, in the case of a violation of
A. 8646--A 12
1 section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 191.10,
2 191.15, 191.20 OR 191.25 of this chapter, any costs or losses incurred
3 due to any adverse action taken against the victim. The district attor-
4 ney shall where appropriate, advise the court at or before the time of
5 sentencing that the victim seeks restitution or reparation, the extent
6 of injury or economic loss or damage of the victim, and the amount of
7 restitution or reparation sought by the victim in accordance with his or
8 her responsibilities under subdivision two of section 390.50 of the
9 criminal procedure law and article twenty-three of the executive law.
10 The court shall hear and consider the information presented by the
11 district attorney in this regard. In that event, or when the victim
12 impact statement reports that the victim seeks restitution or repara-
13 tion, the court shall require, unless the interests of justice dictate
14 otherwise, in addition to any of the dispositions authorized by this
15 article that the defendant make restitution of the fruits of the offense
16 and reparation for the actual out-of-pocket loss and, in the case of a
17 violation of section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05,
18 191.10, 191.15, 191.20 OR 191.25 of this chapter, any costs or losses
19 incurred due to any adverse action, caused thereby to the victim. In the
20 event that restitution or reparation are not ordered, the court shall
21 clearly state its reasons on the record. Adverse action as used in this
22 subdivision shall mean and include actual loss incurred by the victim,
23 including an amount equal to the value of the time reasonably spent by
24 the victim attempting to remediate the harm incurred by the victim from
25 the offense, and the consequential financial losses from such action.
26 S 10. Paragraph (b) of subdivision 4 of section 60.27 of the penal
27 law, as amended by chapter 313 of the laws of 2011, is amended to read
28 as follows:
29 (b) the term "victim" shall include the victim of the offense, the
30 representative of a crime victim as defined in subdivision six of
31 section six hundred twenty-one of the executive law, an individual whose
32 identity was assumed or whose personal identifying information was used
33 in violation of section [190.78, 190.79 or 190.80] 191.05, 191.10,
34 191.15, 191.20 OR 191.25 of this chapter, or any person who has suffered
35 a financial loss as a direct result of the acts of a defendant in
36 violation of section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05,
37 191.10, 191.15, 191.20 OR 191.25 of this chapter, a good samaritan as
38 defined in section six hundred twenty-one of the executive law and the
39 office of victim services or other governmental agency that has received
40 an application for or has provided financial assistance or compensation
41 to the victim. A victim shall also mean any owner or lawful producer of
42 a master recording, or a trade association that represents such owner or
43 lawful producer, that has suffered injury as a result of an offense as
44 defined in article two hundred seventy-five of this chapter.
45 S 11. Subdivision 2 of section 646 of the executive law, as amended by
46 chapter 346 of the laws of 2007, is amended to read as follows:
47 2. An individual whose identity was assumed or whose personal identi-
48 fying information, as defined in [section 190.77] SUBDIVISION ONE OF
49 SECTION 191.00 of the penal law, was used in violation of section
50 [190.78, 190.79 or 190.80] 191.05, 191.10, 191.15, 191.20 OR 191.25 of
51 the penal law, or any person who has suffered a financial loss as a
52 direct result of the acts of a defendant in violation of section
53 [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 191.10, 191.15,
54 191.20 OR 191.25 of the penal law, who has learned or reasonably
55 suspects that his or her personal identifying information has been
56 unlawfully used by another, may make a complaint to the local law
A. 8646--A 13
1 enforcement agency of the county in which any part of the offense took
2 place regardless of whether the defendant was actually present in such
3 county, or in the county in which the person who suffered financial loss
4 resided at the time of the commission of the offense, or in the county
5 where the person whose personal identification information was used in
6 the commission of the offense resided at the time of the commission of
7 the offense as provided in paragraph (l) of subdivision four of section
8 20.40 of the criminal procedure law. Said local law enforcement agency
9 shall take a police report of the matter and provide the complainant
10 with a copy of such report free of charge.
11 S 12. Paragraph (d) of subdivision 7 of section 995 of the executive
12 law, as amended by chapter 2 of the laws of 2006, is amended to read as
13 follows:
14 (d) any of the following felonies, or an attempt thereof where such
15 attempt is a felony offense:
16 aggravated assault upon a person less than eleven years old, as
17 defined in section 120.12 of the penal law; menacing in the first
18 degree, as defined in section 120.13 of the penal law; reckless endan-
19 germent in the first degree, as defined in section 120.25 of the penal
20 law; stalking in the second degree, as defined in section 120.55 of the
21 penal law; criminally negligent homicide, as defined in section 125.10
22 of the penal law; vehicular manslaughter in the second degree, as
23 defined in section 125.12 of the penal law; vehicular manslaughter in
24 the first degree, as defined in section 125.13 of the penal law;
25 persistent sexual abuse, as defined in section 130.53 of the penal law;
26 aggravated sexual abuse in the fourth degree, as defined in section
27 130.65-a of the penal law; female genital mutilation, as defined in
28 section 130.85 of the penal law; facilitating a sex offense with a
29 controlled substance, as defined in section 130.90 of the penal law;
30 unlawful imprisonment in the first degree, as defined in section 135.10
31 of the penal law; custodial interference in the first degree, as defined
32 in section 135.50 of the penal law; criminal trespass in the first
33 degree, as defined in section 140.17 of the penal law; criminal tamper-
34 ing in the first degree, as defined in section 145.20 of the penal law;
35 tampering with a consumer product in the first degree, as defined in
36 section 145.45 of the penal law; robbery in the third degree as defined
37 in section 160.05 of the penal law; identity theft in the second degree,
38 as defined in section [190.79] 191.20 of the penal law; identity theft
39 in the first degree, as defined in section [190.80] 191.25 of the penal
40 law; promoting prison contraband in the first degree, as defined in
41 section 205.25 of the penal law; tampering with a witness in the third
42 degree, as defined in section 215.11 of the penal law; tampering with a
43 witness in the second degree, as defined in section 215.12 of the penal
44 law; tampering with a witness in the first degree, as defined in section
45 215.13 of the penal law; criminal contempt in the first degree, as
46 defined in subdivisions (b), (c) and (d) of section 215.51 of the penal
47 law; aggravated criminal contempt, as defined in section 215.52 of the
48 penal law; bail jumping in the second degree, as defined in section
49 215.56 of the penal law; bail jumping in the first degree, as defined in
50 section 215.57 of the penal law; patronizing a prostitute in the second
51 degree, as defined in section 230.05 of the penal law; patronizing a
52 prostitute in the first degree, as defined in section 230.06 of the
53 penal law; promoting prostitution in the second degree, as defined in
54 section 230.30 of the penal law; promoting prostitution in the first
55 degree, as defined in section 230.32 of the penal law; compelling pros-
56 titution, as defined in section 230.33 of the penal law; disseminating
A. 8646--A 14
1 indecent [materials] MATERIAL to minors in the second degree, as defined
2 in section 235.21 of the penal law; disseminating indecent [materials]
3 MATERIAL to minors in the first degree, as defined in section 235.22 of
4 the penal law; riot in the first degree, as defined in section 240.06 of
5 the penal law; criminal anarchy, as defined in section 240.15 of the
6 penal law; aggravated harassment of an employee by an inmate, as defined
7 in section 240.32 of the penal law; unlawful surveillance in the second
8 degree, as defined in section 250.45 of the penal law; unlawful surveil-
9 lance in the first degree, as defined in section 250.50 of the penal
10 law; endangering the welfare of a vulnerable elderly person, OR AN
11 INCOMPETENT OR PHYSICALLY DISABLED PERSON in the second degree, as
12 defined in section 260.32 of the penal law; endangering the welfare of a
13 vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY DISABLED
14 PERSON in the first degree, as defined in section 260.34 of the penal
15 law; use of a child in a sexual performance, as defined in section
16 263.05 of the penal law; promoting an obscene sexual performance by a
17 child, as defined in section 263.10 of the penal law; possessing an
18 obscene sexual performance by a child, as defined in section 263.11 of
19 the penal law; promoting a sexual performance by a child, as defined in
20 section 263.15 of the penal law; possessing a sexual performance by a
21 child, as defined in section 263.16 of the penal law; criminal
22 possession of a weapon in the third degree, as defined in section 265.02
23 of the penal law; criminal sale of a firearm in the third degree, as
24 defined in section 265.11 of the penal law; criminal sale of a firearm
25 to a minor, as defined in section 265.16 of the penal law; unlawful
26 wearing of a body vest, as defined in section 270.20 of the penal law;
27 hate crimes as defined in section 485.05 of the penal law; and crime of
28 terrorism, as defined in section 490.25 of the penal law; or
29 S 13. This act shall take effect immediately.
