Bill Text: NY S00607 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to offenses involving theft of identity; creates five tiers of crimes, based on the financial loss to the victim(s) and the number of people victimized.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S00607 Detail]
Download: New_York-2023-S00607-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 607 2023-2024 Regular Sessions IN SENATE January 5, 2023 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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. Title K of the penal law is amended by adding a new article 2 191 to 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. 15 191.40 Unlawful possession of personal identifying information 16 in the first degree. 17 191.45 Defenses. 18 191.50 Unlawful possession of a skimmer device in the second 19 degree. 20 191.55 Unlawful possession of a skimmer device in the first 21 degree. 22 § 191.00 Definitions. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02421-01-3S. 607 2 1 1. For the purposes of this article "personal identifying information" 2 means a person's name, address, telephone number, date of birth, driv- 3 er's license number, social security number, place of employment, moth- 4 er's maiden name, financial services account number or code, savings 5 account number or code, checking account number or code, brokerage 6 account number or code, credit card account number or code, debit card 7 number or code, automated teller machine number or code, taxpayer iden- 8 tification number, computer system password, signature or copy of a 9 signature, electronic signature, unique biometric data that is a finger- 10 print, voice print, retinal image or iris image of another person, tele- 11 phone calling card number, mobile identification number or code, elec- 12 tronic serial number or personal identification number, medical 13 information, medical insurance information, or any other name, number, 14 code or information that may be used alone or in conjunction with other 15 such information to assume the identity of another person. 16 2. For the purposes of this article: 17 (a) "electronic signature" shall have the same meaning as defined in 18 subdivision three of section three hundred two of the state technology 19 law. 20 (b) "personal identification number" means any number or code which 21 may be used alone or in conjunction with any other information to assume 22 the identity of another person or access financial resources or credit 23 of another person. 24 (c) "member of the armed forces" shall mean a person in the military 25 service of the United States or the military service of the state, 26 including but not limited to, the armed forces of the United States, the 27 army national guard, the air national guard, the New York naval militia, 28 the New York guard, and such additional forces as may be created by the 29 federal or state government as authorized by law. 30 (d) "medical information" means any information regarding an individ- 31 ual's medical history, mental or physical condition, or medical treat- 32 ment or diagnosis by a health care professional. 33 (e) "medical insurance information" means an individual's health 34 insurance policy number or subscriber identification number, any unique 35 identifier used by a health insurer to identify the individual or any 36 information in an individual's application and claims history, includ- 37 ing, but not limited to, appeals history. 38 § 191.05 Petit identity theft. 39 A person is guilty of petit identity theft when he or she knowingly 40 and with intent to defraud assumes the identity of another person by 41 presenting himself or herself as that other person, or by acting as that 42 other person or by using personal identifying information of that other 43 person, and thereby obtains goods, money, property or services or uses 44 credit in the name of such other person or causes financial loss to such 45 person or to another person or persons. 46 Petit identity theft is a class A misdemeanor. 47 § 191.10 Identity theft in the fourth degree. 48 A person is guilty of identity theft in the fourth degree when he or 49 she knowingly and with intent to defraud: 50 1. assumes the identity of another person by presenting himself or 51 herself as that other person, or by acting as that other person or by 52 using personal identifying information of that other person, and there- 53 by: 54 (a) obtains goods, money, property or services or uses credit in the 55 name of such other person in an aggregate amount that exceeds five 56 hundred dollars; orS. 607 3 1 (b) causes financial loss to such person or to another person or 2 persons in an aggregate amount that exceeds five hundred dollars; or 3 (c) commits or attempts to commit a felony or acts as an accessory to 4 the commission of a felony; or 5 (d) commits the crime of petit identity theft as defined in section 6 191.05 of this article and knows that such other person is a member of 7 the armed forces and that such member is presently deployed outside of 8 the continental United States; or 9 (e) commits the crime of petit identity theft as defined in section 10 191.05 of this article and knows that such other person is a vulnerable 11 elderly person as defined in subdivision three of section 260.31 of this 12 chapter, or a person who is unable to care for himself or herself 13 because of physical disability, mental disease or defect, or because he 14 or she is a minor; or 15 2. assumes the identity of three or more persons by presenting himself 16 or herself as those other persons, or by acting as those other persons, 17 or by using personal identifying information of those other persons, and 18 thereby obtains goods, money, property or services or uses credit in the 19 name of those persons, or causes financial loss to at least one such 20 person, or to another person or persons. 21 Identity theft in the fourth degree is a class E felony. 22 § 191.15 Identity theft in the third degree. 23 A person is guilty of identity theft in the third degree when he or 24 she knowingly and with intent to defraud: 25 1. assumes the identity of another person by presenting himself or 26 herself as that other person, or by acting as that other person or by 27 using personal identifying information of that other person, and there- 28 by: 29 (a) obtains goods, money, property or services or uses credit in the 30 name of such other person in an aggregate amount that exceeds two thou- 31 sand dollars; or 32 (b) causes financial loss to such person or to another person or 33 persons in an aggregate amount that exceeds two thousand dollars; or 34 (c) commits or attempts to commit a class D felony or higher level 35 crime or acts as an accessory to the commission of a class D or higher 36 level felony; or 37 (d) commits the crime of identity theft in the fourth degree as 38 defined in section 191.10 of this article and has been previously 39 convicted within the last five years of petit identity theft as defined 40 in section 191.05, identity theft in the fourth degree as defined in 41 section 191.10, identity theft in the third degree as defined in this 42 section, identity theft in the second degree as defined in section 43 191.20, identity theft in the first degree as defined in section 191.25, 44 unlawful possession of personal identifying information in the third 45 degree as defined in section 191.30, unlawful possession of personal 46 identifying information in the second degree as defined in section 47 191.35, unlawful possession of personal identifying information in the 48 first degree as defined in section 191.40, unlawful possession of a 49 skimmer device in the second degree as defined in section 191.50, unlaw- 50 ful possession of a skimmer device in the first degree as defined in 51 section 191.55, grand larceny in the fourth degree as defined in section 52 155.30, grand larceny in the third degree as defined in section 155.35, 53 grand larceny in the second degree as defined in section 155.40 or grand 54 larceny in the first degree as defined in section 155.42, criminal 55 possession of a forged instrument in the third degree as defined in 56 section 170.20, criminal possession of a forged instrument in the secondS. 607 4 1 degree as defined in section 170.25, criminal possession of a forged 2 instrument in the first degree as defined in section 170.30, criminal 3 possession of stolen property in the fifth degree as defined in section 4 165.40, criminal possession of stolen property in the fourth degree as 5 defined in section 165.45, criminal possession of stolen property in the 6 third degree as defined in section 165.50, criminal possession of stolen 7 property in the second degree as defined in section 165.52, criminal 8 possession of stolen property in the first degree as defined in section 9 165.54, or criminal possession of forgery devices as defined in section 10 170.40 of this chapter; or 11 (e) commits the crime of identity theft in the fourth degree as 12 defined in section 191.10 of this article and knows that such other 13 person is a member of the armed forces, and knows that such member is 14 presently deployed outside of the continental United States; or 15 (f) commits the crime of identity theft in the fourth degree as 16 defined in section 191.10 of this article and knows that such other 17 person is a vulnerable elderly person as defined in subdivision three of 18 section 260.31 of this chapter, or a person who is unable to care for 19 himself or herself because of physical disability, mental disease or 20 defect, or because he or she is a minor; or 21 2. assumes the identity of ten or more persons by presenting himself 22 or herself as those other persons, or by acting as those other persons, 23 or by using personal identifying information of those other persons, and 24 thereby obtains goods, money, property or services or uses credit in the 25 name of those persons, or causes financial loss to at least one such 26 person, or to another person or persons. 27 Identity theft in the third degree is a class D felony. 28 § 191.20 Identity theft in the second degree. 29 A person is guilty of identity theft in the second degree when he or 30 she knowingly and with intent to defraud: 31 1. assumes the identity of another person by presenting himself or 32 herself as that other person, or by acting as that other person or by 33 using personal identifying information of that other person, and there- 34 by: 35 (a) obtains goods, money, property or services or uses credit in the 36 name of such other person in an aggregate amount that exceeds twenty- 37 five thousand dollars; or 38 (b) causes financial loss to such person or to another person or 39 persons in an aggregate amount that exceeds twenty-five thousand 40 dollars; or 41 (c) commits or attempts to commit a class C felony or higher level 42 crime or acts as an accessory in the commission of a class C or higher 43 level felony; or 44 (d) commits the crime of identity theft in the third degree as defined 45 in section 191.15 of this article and has been previously convicted 46 within the last five years of petit identity theft as defined in section 47 191.05, identity theft in the fourth degree as defined in section 48 191.10, identity theft in the third degree as defined in section 191.15, 49 identity theft in the second degree as defined in this section, identity 50 theft in the first degree as defined in section 191.25, unlawful 51 possession of personal identifying information in the third degree as 52 defined in section 191.30, unlawful possession of personal identifying 53 information in the second degree as defined in section 191.35, unlawful 54 possession of personal identifying information in the first degree as 55 defined in section 191.40, unlawful possession of a skimmer device in 56 the second degree as defined in section 191.50, unlawful possession of aS. 607 5 1 skimmer device in the first degree as defined in section 191.55, grand 2 larceny in the fourth degree as defined in section 155.30, grand larceny 3 in the third degree as defined in section 155.35, grand larceny in the 4 second degree as defined in section 155.40 or grand larceny in the first 5 degree as defined in section 155.42, criminal possession of a forged 6 instrument in the third degree as defined in section 170.20, criminal 7 possession of a forged instrument in the second degree as defined in 8 section 170.25, criminal possession of a forged instrument in the first 9 degree as defined in section 170.30, criminal possession of stolen prop- 10 erty in the fifth degree as defined in section 165.40, criminal 11 possession of stolen property in the fourth degree as defined in section 12 165.45, criminal possession of stolen property in the third degree as 13 defined in section 165.50, criminal possession of stolen property in the 14 second degree as defined in section 165.52, criminal possession of 15 stolen property in the first degree as defined in section 165.54, or 16 criminal possession of forgery devices as defined in section 170.40 of 17 this chapter; or 18 (e) commits the crime of identity theft in the third degree as defined 19 in section 191.15 of this article and knows that such other person is a 20 member of the armed forces and that such member is presently deployed 21 outside of the continental United States; or 22 (f) commits the crime of identity theft in the third degree as defined 23 in section 191.15 of this article and knows that such other person is a 24 vulnerable elderly person as defined in subdivision three of section 25 260.31 of this chapter, or a person who is unable to care for himself or 26 herself because of physical disability, mental disease or defect, or 27 because he or she is a minor; or 28 2. assumes the identity of twenty-five or more persons by presenting 29 himself or herself as those other persons, or by acting as those other 30 persons, or by using personal identifying information of those other 31 persons, and thereby obtains goods, money, property or services or uses 32 credit in the name of those persons, or causes financial loss to at 33 least one such person, or to another person or persons. 34 Identity theft in the second degree is a class C felony. 35 § 191.25 Identity theft in the first degree. 36 A person is guilty of identity theft in the first degree when he or 37 she knowingly and with intent to defraud: 38 1. assumes the identity of another person by presenting himself or 39 herself as that other person, or by acting as that other person or by 40 using personal identifying information of that other person, and there- 41 by: 42 (a) obtains goods, money, property or services or uses credit in the 43 name of such other person in an aggregate amount that exceeds two 44 hundred thousand dollars; or 45 (b) causes financial loss to such person or to another person or 46 persons in an aggregate amount that exceeds two hundred thousand 47 dollars; or 48 (c) commits or attempts to commit a class B felony or higher level 49 crime or acts as an accessory in the commission of a class B or higher 50 level felony; or 51 (d) commits the crime of identity theft in the second degree as 52 defined in section 191.20 of this article and has been previously 53 convicted within the last five years of petit identity theft as defined 54 in section 191.05, identity theft in the fourth degree as defined in 55 section 191.10, identity theft in the third degree as defined in section 56 191.15, identity theft in the second degree as defined in section 191.20S. 607 6 1 of this article, identity theft in the first degree as defined in this 2 section, unlawful possession of personal identifying information in the 3 second degree as defined in section 191.35, unlawful possession of 4 personal identifying information in the first degree as defined in 5 section 191.40, unlawful possession of a skimmer device in the second 6 degree as defined in section 191.50, unlawful possession of a skimmer 7 device in the first degree as defined in section 191.55, grand larceny 8 in the fourth degree as defined in section 155.30, grand larceny in the 9 third degree as defined in section 155.35, grand larceny in the second 10 degree as defined in section 155.40 or grand larceny in the first degree 11 as defined in section 155.42, criminal possession of a forged instrument 12 in the third degree as defined in section 170.20, criminal possession of 13 a forged instrument in the second degree as defined in section 170.25, 14 criminal possession of a forged instrument in the first degree as 15 defined in section 170.30, criminal possession of stolen property in the 16 fifth degree as defined in section 165.40, criminal possession of stolen 17 property in the fourth degree as defined in section 165.45, criminal 18 possession of stolen property in the third degree as defined in section 19 165.50, criminal possession of stolen property in the second degree as 20 defined in section 165.52, criminal possession of stolen property in the 21 first degree as defined in section 165.54, or criminal possession of 22 forgery devices as defined in section 170.40 of this chapter; or 23 (e) commits the crime of identity theft in the second degree as 24 defined in section 191.20 of this article and knows that such other 25 person is a member of the armed forces, and knows that such member is 26 presently deployed outside of the continental United States; or 27 (f) commits the crime of identity theft in the second degree as 28 defined in section 191.20 of this article and knows that such other 29 person is a vulnerable elderly person as defined in subdivision three of 30 section 260.31 of this chapter, or a person who is unable to care for 31 himself or herself because of physical disability, mental disease or 32 defect, or because he or she is a minor; or 33 2. assumes the identity of fifty or more persons by presenting himself 34 or herself as those other persons, or by acting as those other persons, 35 or by using personal identifying information of those other persons, and 36 thereby obtains goods, money, property or services or uses credit in the 37 name of those persons, or causes financial loss to at least one such 38 person, or to another person or persons. 39 Identity theft in the first degree is a class B felony. 40 § 191.30 Unlawful possession of personal identifying information in the 41 third degree. 42 A person is guilty of unlawful possession of personal identifying 43 information in the third degree when he or she knowingly possesses a 44 person's personal identifying information as defined in section 191.00 45 of this article of another person knowing such information is intended 46 to be used in furtherance of the commission of a crime defined in this 47 chapter. 48 Unlawful possession of personal identifying information in the third 49 degree is a class A misdemeanor. 50 § 191.35 Unlawful possession of personal identifying information in the 51 second degree. 52 A person is guilty of unlawful possession of personal identifying 53 information in the second degree when he or she knowingly possesses 54 fifty or more items of personal identifying information as defined in 55 section 191.00 of this article knowing such information is intended toS. 607 7 1 be used in furtherance of the commission of a crime defined in this 2 chapter. 3 Unlawful possession of personal identifying information in the second 4 degree is a class E felony. 5 § 191.40 Unlawful possession of personal identifying information in the 6 first degree. 7 A person is guilty of unlawful possession of personal identifying 8 information in the first degree when he or she commits the crime of 9 unlawful possession of personal identifying information in the second 10 degree and: 11 1. with intent to further the commission of identity theft in the 12 third degree, he or she supervises more than three accomplices; or 13 2. he or she has been previously convicted within the last five years 14 of petit identity theft as defined in section 191.05, identity theft in 15 the fourth degree as defined in section 191.10, identity theft in the 16 third degree as defined in section 191.15, identity theft in the second 17 degree as defined in section 191.20, identity theft in the first degree 18 as defined in section 191.25, unlawful possession of personal identify- 19 ing information in the third degree as defined in section 191.30, unlaw- 20 ful possession of personal identifying information in the second degree 21 as defined in section 191.35, unlawful possession of personal identify- 22 ing information in the first degree as defined in this section, unlawful 23 possession of a skimmer device in the second degree as defined in 24 section 191.50, unlawful possession of a skimmer device in the first 25 degree as defined in section 191.55, grand larceny in the fourth degree 26 as defined in section 155.30, grand larceny in the third degree as 27 defined in section 155.35, grand larceny in the second degree as defined 28 in section 155.40 or grand larceny in the first degree as defined in 29 section 155.42, criminal possession of a forged instrument in the third 30 degree as defined in section 170.20, criminal possession of a forged 31 instrument in the second degree as defined in section 170.25, criminal 32 possession of a forged instrument in the first degree as defined in 33 section 170.30, criminal possession of stolen property in the fifth 34 degree as defined in section 165.40, criminal possession of stolen prop- 35 erty in the fourth degree as defined in section 165.45, criminal 36 possession of stolen property in the third degree as defined in section 37 165.50, criminal possession of stolen property in the second degree as 38 defined in section 165.52, criminal possession of stolen property in the 39 first degree as defined in section 165.54, or criminal possession of 40 forgery devices as defined in section 170.40 of this chapter; or 41 3. with intent to further the commission of identity theft in the 42 second degree: 43 (a) he or she supervises more than two accomplices, and 44 (b) he or she knows that the person whose personal identifying infor- 45 mation that he or she possesses is a member of the armed forces, and 46 (c) he or she knows that such member of the armed forces is presently 47 deployed outside of the continental United States. 48 Unlawful possession of personal identifying information in the first 49 degree is a class D felony. 50 § 191.45 Defenses. 51 In any prosecution for identity theft or unlawful possession of 52 personal identifying information pursuant to this article, it shall be 53 an affirmative defense that the person charged with the offense: 54 1. was under twenty-one years of age at the time of committing the 55 offense and the person used or possessed the personal identifying infor- 56 mation of another solely for the purpose of purchasing alcohol;S. 607 8 1 2. was under eighteen years of age at the time of committing the 2 offense and the person used or possessed the personal identifying infor- 3 mation of another solely for the purpose of purchasing tobacco products; 4 or 5 3. used or possessed the personal identifying information of another 6 person solely for the purpose of misrepresenting the person's age to 7 gain access to a place the access to which is restricted based on age. 8 § 191.50 Unlawful possession of a skimmer device in the second degree. 9 1. A person is guilty of unlawful possession of a skimmer device in 10 the second degree when he or she possesses a skimmer device with the 11 intent that such device be used in furtherance of the commission of the 12 crime of identity theft or unlawful possession of personal identifying 13 information as defined in this article. 14 2. For purposes of this article, "skimmer device" means a device 15 designed or adapted to obtain personal identifying information from a 16 credit card, debit card, public benefit card, access card or device, or 17 other card or device that contains personal identifying information. 18 Unlawful possession of a skimmer device in the second degree is a 19 class A misdemeanor. 20 § 191.55 Unlawful possession of a skimmer device in the first degree. 21 A person is guilty of unlawful possession of a skimmer device in the 22 first degree when he or she commits the crime of unlawful possession of 23 a skimmer device in the second degree and he or she has been previously 24 convicted within the last five years of identity theft in the fourth 25 degree as defined in section 191.10, identity theft in the third degree 26 as defined in section 191.15, identity theft in the second degree as 27 defined in section 191.20, identity theft in the first degree as defined 28 in section 191.25, unlawful possession of personal identifying informa- 29 tion in the third degree as defined in section 191.30, unlawful 30 possession of personal identifying information in the second degree as 31 defined in section 191.35, unlawful possession of personal identifying 32 information in the first degree as defined in section 191.40, unlawful 33 possession of a skimmer device in the second degree as defined in 34 section 191.50, unlawful possession of a skimmer device in the first 35 degree as defined in this section, grand larceny in the fourth degree as 36 defined in section 155.30, grand larceny in the third degree as defined 37 in section 155.35, grand larceny in the second degree as defined in 38 section 155.40, grand larceny in the first degree as defined in section 39 155.42, criminal possession of a forged instrument in the third degree 40 as defined in section 170.20, criminal possession of a forged instrument 41 in the second degree as defined in section 170.25, criminal possession 42 of a forged instrument in the first degree as defined in section 170.30, 43 criminal possession of stolen property in the fifth degree as defined in 44 section 165.40, criminal possession of stolen property in the fourth 45 degree as defined in section 165.45, criminal possession of stolen prop- 46 erty in the third degree as defined in section 165.50, criminal 47 possession of stolen property in the second degree as defined in section 48 165.52, criminal possession of stolen property in the first degree as 49 defined in section 165.54, or criminal possession of forgery devices as 50 defined in section 170.40 of this chapter. 51 Unlawful possession of a skimmer device in the first degree is a class 52 E felony. 53 § 2. Paragraph (a) of subdivision 1 of section 460.10 of the penal 54 law, as amended by chapter 134 of the laws of 2019, is amended to read 55 as follows:S. 607 9 1 (a) Any of the felonies set forth in this chapter: sections 120.05, 2 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 3 ing to strangulation; sections 125.10 to 125.27 relating to homicide; 4 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 5 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to 6 labor trafficking; section 135.65 relating to coercion; sections 140.20, 7 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 8 145.12 relating to criminal mischief; article one hundred fifty relating 9 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand 10 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health 11 care fraud; article one hundred sixty relating to robbery; sections 12 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of 13 stolen property; sections 165.72 and 165.73 relating to trademark coun- 14 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 15 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 16 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 17 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating 18 to criminal diversion of prescription medications and prescriptions; 19 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 20 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 21 215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 22 187.20 and 187.25 relating to residential mortgage fraud, sections 23 190.40 and 190.42 relating to criminal usury; section 190.65 relating to 24 schemes to defraud; sections 191.05, 191.10, 191.15, 191.20, 191.25, 25 191.30, 191.35, 191.40, 191.50 and 191.55 relating to identity theft; 26 any felony defined in article four hundred ninety-six; sections 205.60 27 and 205.65 relating to hindering prosecution; sections 210.10, 210.15, 28 and 215.51 relating to perjury and contempt; section 215.40 relating to 29 tampering with physical evidence; sections 220.06, 220.09, 220.16, 30 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 31 220.60, 220.65 and 220.77 relating to controlled substances; sections 32 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and 33 230.32 relating to promoting prostitution; section 230.34 relating to 34 sex trafficking; section 230.34-a relating to sex trafficking of a 35 child; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; 36 sections 263.10 and 263.15 relating to promoting [a] an obscene sexual 37 performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 38 265.13 and the provisions of section 265.10 which constitute a felony 39 relating to firearms and other dangerous weapons; sections 265.14 and 40 265.16 relating to criminal sale of a firearm; section 265.50 relating 41 to the criminal manufacture, sale or transport of an undetectable 42 firearm, rifle or shotgun; section 275.10, 275.20, 275.30, or 275.40 43 relating to unauthorized recordings; and sections 470.05, 470.10, 470.15 44 and 470.20 relating to money laundering; or 45 § 3. Paragraph (a) of subdivision 3 of section 490.05 of the penal 46 law, as amended by section 7 of part A of chapter 1 of the laws of 2004, 47 is amended to read as follows: 48 (a) "Specified offense" for purposes of this article means a class A 49 felony offense other than an offense as defined in article two hundred 50 twenty, a violent felony offense as defined in section 70.02, 51 manslaughter in the second degree as defined in section 125.15, criminal 52 tampering in the first degree as defined in section 145.20, identity 53 theft in the second degree as defined in section [190.79] 191.20, iden- 54 tity theft in the first degree as defined in section [190.80] 191.25, 55 unlawful possession of personal identification information in the second 56 degree as defined in section [190.82] 191.35, unlawful possession ofS. 607 10 1 personal identification information in the first degree as defined in 2 section [190.83] 191.40, money laundering in support of terrorism in the 3 fourth degree as defined in section 470.21, money laundering in support 4 of terrorism in the third degree as defined in section 470.22, money 5 laundering in support of terrorism in the second degree as defined in 6 section 470.23, money laundering in support of terrorism in the first 7 degree as defined in section 470.24 of this chapter, and includes an 8 attempt or conspiracy to commit any such offense. 9 § 4. Paragraph (s) of subdivision 8 of section 700.05 of the criminal 10 procedure law is REPEALED and a new paragraph (s) is added to read as 11 follows: 12 (s) Petit identity theft as defined in section 191.05, identity theft 13 in the fourth degree as defined in section 191.10, identity theft in the 14 third degree as defined in section 191.15, identity theft in the second 15 degree as defined in section 191.20, identity theft in the first degree 16 as defined in section 191.25, unlawful possession of personal identify- 17 ing information in the third degree as defined in section 191.30, unlaw- 18 ful possession of personal identifying information in the second degree 19 as defined in section 191.35, unlawful possession of personal identify- 20 ing information in the first degree as defined in section 191.40, unlaw- 21 ful possession of a skimmer device in the second degree as defined in 22 section 191.50, or unlawful possession of a skimmer device in the first 23 degree as defined in section 191.55 of the penal law. 24 § 5. Paragraph (b) of subdivision 1 of section 899-aa of the general 25 business law, as amended by chapter 117 of the laws of 2019, is amended 26 to read as follows: 27 (b) "Private information" shall mean either: (i) personal information 28 consisting of any information in combination with any one or more of the 29 following data elements, when either the data element or the combination 30 of personal information plus the data element is not encrypted, or is 31 encrypted with an encryption key that has also been accessed or 32 acquired: 33 (1) social security number; 34 (2) driver's license number or non-driver identification card number; 35 (3) account number, credit or debit card number, in combination with 36 any required security code, access code, password or other information 37 that would permit access to an individual's financial account; 38 (4) account number, credit or debit card number, if circumstances 39 exist wherein such number could be used to access an individual's finan- 40 cial account without additional identifying information, security code, 41 access code, or password; [or] 42 (5) biometric information, meaning data generated by electronic meas- 43 urements of an individual's unique physical characteristics, such as a 44 fingerprint, voice print, retina or iris image, or other unique physical 45 representation or digital representation of biometric data which are 46 used to authenticate or ascertain the individual's identity; [or] 47 (6) medical information; 48 (7) health insurance information; or 49 (ii) a user name or e-mail address in combination with a password or 50 security question and answer that would permit access to an online 51 account. 52 For the purposes of this paragraph, "medical information" means any 53 information regarding an individual's medical history, mental or phys- 54 ical condition, or medical treatment or diagnosis by a health care 55 professional and "health insurance information" means an individual's 56 health insurance policy number or subscriber identification number, andS. 607 11 1 unique identifier used by a health insurer to identify the individual or 2 any information in an individual's application and claims history, 3 including, but not limited to, appeals history. 4 "Private information" does not include publicly available information 5 which is lawfully made available to the general public from federal, 6 state, or local government records. 7 § 6. Paragraph (a) of subdivision 1 of section 208 of the state tech- 8 nology law, as amended by chapter 117 of the laws of 2019, is amended to 9 read as follows: 10 (a) "Private information" shall mean either: (i) personal information 11 consisting of any information in combination with any one or more of the 12 following data elements, when either the data element or the combination 13 of personal information plus the data element is not encrypted or 14 encrypted with an encryption key that has also been accessed or 15 acquired: 16 (1) social security number; 17 (2) driver's license number or non-driver identification card number; 18 (3) account number, credit or debit card number, in combination with 19 any required security code, access code, password or other information 20 which would permit access to an individual's financial account; 21 (4) account number, or credit or debit card number, if circumstances 22 exist wherein such number could be used to access to an individual's 23 financial account without additional identifying information, security 24 code, access code, or password; [or] 25 (5) biometric information, meaning data generated by electronic meas- 26 urements of an individual's unique physical characteristics, such as 27 fingerprint, voice print, or retina or iris image, or other unique phys- 28 ical representation or digital representation which are used to authen- 29 ticate or ascertain the individual's identity; [or] 30 (6) medical information; 31 (7) health insurance information; or 32 (ii) a user name or e-mail address in combination with a password or 33 security question and answer that would permit access to an online 34 account. 35 For the purposes of this paragraph, "medical information" means any 36 information regarding an individual's medical history, mental or phys- 37 ical condition, or medical treatment or diagnosis by a health care 38 professional and "health insurance information" means an individual's 39 health insurance policy number or subscriber identification number, and 40 unique identifier used by a health insurer to identify the individual or 41 any information in an individual's application and claims history, 42 including, but not limited to, appeals history. 43 "Private information" does not include publicly available information 44 that is lawfully made available to the general public from federal, 45 state, or local government records. 46 § 7. Sections 190.77, 190.78, 190.79, 190.80, 190.80-a, 190.81, 47 190.82, 190.83, 190.84, 190.85 and 190.86 of the penal law are REPEALED. 48 § 8. Subdivision 1 of section 60.27 of the penal law, as amended by 49 chapter 279 of the laws of 2008, is amended to read as follows: 50 1. In addition to any of the dispositions authorized by this article, 51 the court shall consider restitution or reparation to the victim of the 52 crime and may require restitution or reparation as part of the sentence 53 imposed upon a person convicted of an offense, and after providing the 54 district attorney with an opportunity to be heard in accordance with the 55 provisions of this subdivision, require the defendant to make restitu- 56 tion of the fruits of his or her offense or reparation for the actualS. 607 12 1 out-of-pocket loss caused thereby and, in the case of a violation of 2 section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 191.10, 3 191.15, 191.20 or 191.25 of this chapter, any costs or losses incurred 4 due to any adverse action taken against the victim. The district attor- 5 ney shall where appropriate, advise the court at or before the time of 6 sentencing that the victim seeks restitution or reparation, the extent 7 of injury or economic loss or damage of the victim, and the amount of 8 restitution or reparation sought by the victim in accordance with his or 9 her responsibilities under subdivision two of section 390.50 of the 10 criminal procedure law and article twenty-three of the executive law. 11 The court shall hear and consider the information presented by the 12 district attorney in this regard. In that event, or when the victim 13 impact statement reports that the victim seeks restitution or repara- 14 tion, the court shall require, unless the interests of justice dictate 15 otherwise, in addition to any of the dispositions authorized by this 16 article that the defendant make restitution of the fruits of the offense 17 and reparation for the actual out-of-pocket loss and, in the case of a 18 violation of section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 19 191.10, 191.15, 191.20 or 191.25 of this chapter, any costs or losses 20 incurred due to any adverse action, caused thereby to the victim. In the 21 event that restitution or reparation are not ordered, the court shall 22 clearly state its reasons on the record. Adverse action as used in this 23 subdivision shall mean and include actual loss incurred by the victim, 24 including an amount equal to the value of the time reasonably spent by 25 the victim attempting to remediate the harm incurred by the victim from 26 the offense, and the consequential financial losses from such action. 27 § 9. Paragraph (b) of subdivision 4 of section 60.27 of the penal law, 28 as amended by chapter 313 of the laws of 2011, is amended to read as 29 follows: 30 (b) the term "victim" shall include the victim of the offense, the 31 representative of a crime victim as defined in subdivision six of 32 section six hundred twenty-one of the executive law, an individual whose 33 identity was assumed or whose personal identifying information was used 34 in violation of section [190.78, 190.79 or 190.80] 191.05, 191.10, 35 191.15, 191.20 or 191.25 of this chapter, or any person who has suffered 36 a financial loss as a direct result of the acts of a defendant in 37 violation of section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 38 191.10, 191.15, 191.20 or 191.25 of this chapter, a good samaritan as 39 defined in section six hundred twenty-one of the executive law and the 40 office of victim services or other governmental agency that has received 41 an application for or has provided financial assistance or compensation 42 to the victim. A victim shall also mean any owner or lawful producer of 43 a master recording, or a trade association that represents such owner or 44 lawful producer, that has suffered injury as a result of an offense as 45 defined in article two hundred seventy-five of this chapter. 46 § 10. Subdivision 2 of section 646 of the executive law, as amended by 47 chapter 346 of the laws of 2007, is amended to read as follows: 48 2. An individual whose identity was assumed or whose personal identi- 49 fying information, as defined in [section 190.77] subdivision one of 50 section 191.00 of the penal law, was used in violation of section 51 [190.78, 190.79 or 190.80] 191.05, 191.10, 191.15, 191.20 or 191.25 of 52 the penal law, or any person who has suffered a financial loss as a 53 direct result of the acts of a defendant in violation of section 54 [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 191.10, 191.15, 55 191.20 or 191.25 of the penal law, who has learned or reasonably 56 suspects that his or her personal identifying information has beenS. 607 13 1 unlawfully used by another, may make a complaint to the local law 2 enforcement agency of the county in which any part of the offense took 3 place regardless of whether the defendant was actually present in such 4 county, or in the county in which the person who suffered financial loss 5 resided at the time of the commission of the offense, or in the county 6 where the person whose personal identification information was used in 7 the commission of the offense resided at the time of the commission of 8 the offense as provided in paragraph (l) of subdivision four of section 9 20.40 of the criminal procedure law. Said local law enforcement agency 10 shall take a police report of the matter and provide the complainant 11 with a copy of such report free of charge. 12 § 11. This act shall take effect immediately.
