Bill Text: NY S06954 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the crime of criminal practices with an access device.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-18 - referred to codes [S06954 Detail]

Download: New_York-2011-S06954-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6954
                                   I N  S E N A T E
                                    April 16, 2012
                                      ___________
       Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business law and the penal law, in  relation
         to creating the crime of criminal practices with an access device
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.   The general business law  is  amended  by  adding  a  new
    2  section 527 to read as follows:
    3    S 527. CRIMINAL PRACTICES WITH AN ACCESS DEVICE.  1. A PERSON IS GUIL-
    4  TY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE WHEN HE OR SHE:
    5    (A)  KNOWINGLY  AND WITH INTENT TO DEFRAUD PRODUCES, USES, OR TRAFFICS
    6  IN ONE OR MORE COUNTERFEIT ACCESS DEVICE; OR
    7    (B) KNOWINGLY AND WITH INTENT TO DEFRAUD TRAFFICS IN OR  USES  ONE  OR
    8  MORE UNAUTHORIZED DEVICE DURING ANY ONE-YEAR PERIOD, AND BY SUCH CONDUCT
    9  OBTAINS  ANYTHING  OF  VALUE  AGGREGATING  ONE  THOUSAND DOLLARS OR MORE
   10  DURING THAT PERIOD; OR
   11    (C) KNOWINGLY AND WITH INTENT TO DEFRAUD  POSSESSES  FIFTEEN  OR  MORE
   12  DEVICES WHICH ARE COUNTERFEIT OR UNAUTHORIZED ACCESS DEVICES; OR
   13    (D)  KNOWINGLY  AND  WITH INTENT TO DEFRAUD PRODUCES, TRAFFICS IN, HAS
   14  CONTROL OR CUSTODY OF, OR POSSESSES DEVICE-MAKING EQUIPMENT; OR
   15    (E) KNOWINGLY AND WITH INTENT TO DEFRAUD EFFECTS TRANSACTIONS WITH ONE
   16  OR MORE ACCESS DEVICES ISSUED TO ANOTHER  PERSON  OR  PERSONS  AND  USED
   17  WITHOUT  THE  CONSENT  OF  SUCH  PERSON, TO RECEIVE PAYMENT OR ANY OTHER
   18  THING OF VALUE DURING ANY ONE-YEAR PERIOD THE AGGREGATE VALUE  OF  WHICH
   19  IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; OR
   20    (F) WITHOUT THE AUTHORIZATION OF THE ISSUER OF THE ACCESS DEVICE KNOW-
   21  INGLY AND WITH INTENT TO DEFRAUD SOLICITS A PERSON FOR THE PURPOSE OF:
   22    (I) OFFERING AN ACCESS DEVICE; OR
   23    (II)  SELLING  INFORMATION  REGARDING  OR  AN APPLICATION TO OBTAIN AN
   24  ACCESS DEVICE.
   25    2. CRIMINAL PRACTICES WITH AN ACCESS DEVICE IS A CLASS B MISDEMEANOR.
   26    S 2. The penal law is amended by adding a new section 165.21  to  read
   27  as follows:
   28  S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15090-03-2
       S. 6954                             2
    1    1.  DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
    2  SHALL HAVE THE FOLLOWING MEANINGS:
    3    (A)  "ACCESS  DEVICE" SHALL MEAN ANY CARD, INCLUDING GIFT CARD, PLATE,
    4  CODE, INCLUDING UNIVERSAL PRICE CODE LABEL, ACCOUNT  NUMBER,  ELECTRONIC
    5  SERIAL  NUMBER,  MOBILE  IDENTIFICATION  NUMBER, PERSONAL IDENTIFICATION
    6  NUMBER, OR OTHER TELECOMMUNICATIONS SERVICE,  EQUIPMENT,  OR  INSTRUMENT
    7  IDENTIFIER,  INCLUDING  A RADIO FREQUENCY IDENTIFICATION TRANSPONDER, OR
    8  OTHER MEANS OF ACCOUNT ACCESS THAT CAN BE USED, ALONE OR IN  CONJUNCTION
    9  WITH  ANOTHER  ACCESS  DEVICE,  TO OBTAIN MONEY, GOODS, SERVICES, OR ANY
   10  OTHER THING OF VALUE, OR THAT CAN BE USED  TO  INITIATE  A  TRANSFER  OF
   11  FUNDS (OTHER THAN A TRANSFER ORIGINATED SOLELY BY PAPER INSTRUMENT);
   12    (B)  "COUNTERFEIT  ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
   13  COUNTERFEIT, FICTITIOUS, ALTERED, OR FORGED, OR AN  IDENTIFIABLE  COMPO-
   14  NENT OF AN ACCESS DEVICE OR A COUNTERFEIT ACCESS DEVICE;
   15    (C)  "UNAUTHORIZED ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
   16  LOST, STOLEN, EXPIRED, REVOKED, CANCELED, OR  OBTAINED  WITH  INTENT  TO
   17  DEFRAUD;
   18    (D)  "PRODUCE"  SHALL  MEAN DESIGN, ALTER, AUTHENTICATE, DUPLICATE, OR
   19  ASSEMBLE;
   20    (E) "TRAFFIC" SHALL MEAN TRANSFER, OR OTHERWISE DISPOSE OF, TO ANOTHER
   21  IN A FRAUDULENT MANNER, OR OBTAIN CONTROL OF WITH INTENT TO FRAUDULENTLY
   22  TRANSFER OR DISPOSE OF;
   23    (F) "DEVICE-MAKING EQUIPMENT" SHALL MEAN ANY EQUIPMENT, MECHANISM,  OR
   24  IMPRESSION  DESIGNED OR PRIMARILY USED FOR MAKING AN UNAUTHORIZED ACCESS
   25  DEVICE OR A COUNTERFEIT ACCESS DEVICE;
   26    (G) "CREDIT CARD SYSTEM NUMBER" SHALL MEAN A FINANCIAL INSTITUTION  OR
   27  OTHER  ENTITY  THAT  IS  A  MEMBER OF A CREDIT CARD SYSTEM, INCLUDING AN
   28  ENTITY, WHETHER AFFILIATED WITH OR IDENTICAL TO THE CREDIT CARD  ISSUER,
   29  THAT IS THE SOLE MEMBER OF A CREDIT CARD SYSTEM.
   30    2. A PERSON IS GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE WHEN
   31  HE OR SHE:
   32    (A)  KNOWINGLY  AND WITH INTENT TO DEFRAUD PRODUCES, USES, OR TRAFFICS
   33  IN ONE OR MORE COUNTERFEIT ACCESS DEVICE; OR
   34    (B) KNOWINGLY AND WITH INTENT TO DEFRAUD TRAFFICS IN OR  USES  ONE  OR
   35  MORE UNAUTHORIZED DEVICE DURING ANY ONE-YEAR PERIOD, AND BY SUCH CONDUCT
   36  OBTAINS  ANYTHING  OF  VALUE  AGGREGATING  ONE  THOUSAND DOLLARS OR MORE
   37  DURING THAT PERIOD; OR
   38    (C) KNOWINGLY AND WITH INTENT TO DEFRAUD  POSSESSES  FIFTEEN  OR  MORE
   39  DEVICES WHICH ARE COUNTERFEIT OR UNAUTHORIZED ACCESS DEVICES; OR
   40    (D)  KNOWINGLY  AND  WITH INTENT TO DEFRAUD PRODUCES, TRAFFICS IN, HAS
   41  CONTROL OR CUSTODY OF, OR POSSESSES DEVICE-MAKING EQUIPMENT; OR
   42    (E) KNOWINGLY AND WITH INTENT TO DEFRAUD EFFECTS TRANSACTIONS WITH ONE
   43  OR MORE ACCESS DEVICES ISSUED TO ANOTHER  PERSON  OR  PERSONS  AND  USED
   44  WITHOUT  THE  CONSENT  OF  SUCH  PERSON, TO RECEIVE PAYMENT OR ANY OTHER
   45  THING OF VALUE DURING ANY ONE-YEAR PERIOD THE AGGREGATE VALUE  OF  WHICH
   46  IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; OR
   47    (F) WITHOUT THE AUTHORIZATION OF THE ISSUER OF THE ACCESS DEVICE KNOW-
   48  INGLY AND WITH INTENT TO DEFRAUD SOLICITS A PERSON FOR THE PURPOSE OF:
   49    (I) OFFERING AN ACCESS DEVICE; OR
   50    (II)  SELLING  INFORMATION  REGARDING  OR  AN APPLICATION TO OBTAIN AN
   51  ACCESS DEVICE.
   52    CRIMINAL PRACTICES WITH AN ACCESS DEVICE IS A CLASS B MISDEMEANOR.
   53    S 3. This act shall take effect on the first of November next succeed-
   54  ing the date on which it shall have become a law.