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.