S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3128                                                  A. 4916
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 9, 2011
                                      ___________
       IN  SENATE -- Introduced by Sen. KRUGER -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Codes
       IN ASSEMBLY -- Introduced by M. of A. REILLY -- read once  and  referred
         to the Committee on Codes
       AN  ACT  to  amend  the  penal law, in relation to making identity theft
         against a person age sixty-five or older a class D felony
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  4  of  section  190.80  of the penal law, as
    2  amended by chapter 279 of the laws of 2008, is amended and a new  subdi-
    3  vision 5 is added to read as follows:
    4    4. commits the crime of identity theft in the second degree as defined
    5  in  section  190.79  of  this  article and has been previously convicted
    6  within the last five years of identity theft  in  the  third  degree  as
    7  defined  in  section  190.78,  identity  theft  in  the second degree as
    8  defined in section 190.79, identity theft in the first degree as defined
    9  in this section, unlawful possession of personal identification informa-
   10  tion in  the  third  degree  as  defined  in  section  190.81,  unlawful
   11  possession  of  personal identification information in the second degree
   12  as defined in section 190.82, unlawful possession of personal  identifi-
   13  cation  information  in  the  first degree as defined in section 190.83,
   14  unlawful possession of a skimmer device in the second degree as  defined
   15  in  section 190.85, unlawful possession of a skimmer device in the first
   16  degree as defined in section 190.86, grand larceny in the fourth  degree
   17  as  defined  in  section  155.30,  grand  larceny in the third degree as
   18  defined in section 155.35, grand larceny in the second degree as defined
   19  in section 155.40 or grand larceny in the first  degree  as  defined  in
   20  section 155.42 of this chapter[.]; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06657-01-1
       S. 3128                             2                            A. 4916
    1    5.  OBTAINS  GOODS,  MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
    2  NAME OF A PERSON AGE SIXTY-FIVE OR OLDER OR CAUSES FINANCIAL LOSS  TO  A
    3  PERSON AGE SIXTY-FIVE OR OLDER.
    4    S 2. This act shall take effect on the first of November next succeed-
    5  ing the date on which it shall have become a law.