S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1459

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to computer crimes and obscenities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding two new sections  156.40
and 156.41 to read as follows:
S 156.40 CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE
WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ENCRYPTION TO:
  1. COMMIT, FURTHER,  FACILITATE  OR  PROMOTE  CONDUCT  CONSTITUTING  A
CRIME;
  2. CONCEAL THE COMMISSION OF ANY CRIME;
  3.  CONCEAL  OR PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY
CRIME; OR
  4. PREVENT, IMPEDE, DELAY OR DISRUPT THE NORMAL OPERATION OR USE OF  A
COMPUTER, COMPUTER PROGRAM OR COMPUTER SYSTEM.
  CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
NOR.
S 156.41 CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF  ENCRYPTION  IN  THE
SECOND DEGREE AND HE OR SHE:
  1.  DOES  SO  WITH AN INTENT TO COMMIT OR ATTEMPT TO COMMIT OR FURTHER
THE COMMISSION OF A FELONY;
  2. DOES SO WITH AN INTENT TO CONCEAL THE COMMISSION OF ANY FELONY;
  3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS
COMMITTED ANY FELONY; OR
  4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.
  CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE IS A CLASS E FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03234-01-9
              

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  S 2. Section 156.00 of the penal law is amended by adding a new subdi-
vision 10 to read as follows:
  10.  "ENCRYPTION"  MEANS ANY PROTECTIVE OR DISRUPTIVE MEASURE, INCLUD-
ING, WITHOUT LIMITATION, CRYPTOGRAPHY, ENCIPHERING OR ENCODING, WHICH:
  (A) CAUSES OR MAKES ANY DATA, INFORMATION, IMAGE, PROGRAM,  SIGNAL  OR
SOUND UNINTELLIGIBLE OR UNUSABLE; OR
  (B) PREVENTS, IMPEDES, DELAYS OR DISRUPTS ACCESS TO ANY DATA, INFORMA-
TION, IMAGE, PROGRAM, SIGNAL OR SOUND.
  S 3. Section 215.35 of the penal law is amended to read as follows:
S 215.35 Tampering with physical evidence; definitions of terms.
  The following definitions are applicable to section 215.40:
  1.  "Physical  evidence"  means any article, object, document, record,
PROPERTY OF ANY KIND, or other thing of physical substance [which is  or
is  about to be produced or used as evidence in an official proceeding],
INCLUDING BUT NOT  LIMITED  TO  COMPUTER  PROGRAMS,  COMPUTER  DATA  AND
COMPUTER SERVICES AS DEFINED IN SECTION 156.00 OF THIS PART.
  2. "Official proceeding" means any action or proceeding, INVESTIGATION
OR INQUIRY conducted by or before a legally constituted judicial, legis-
lative,  administrative  or  other  governmental  agency or official, in
which evidence may properly be received OR GATHERED.
  3. "ENCRYPTION" MEANS ANY PROTECTIVE OR DISRUPTIVE MEASURE,  INCLUDING
BUT  NOT  LIMITED  TO  CRYPTOGRAPHY, ENCIPHERING OR ENCODING, WHICH: (A)
CAUSES OR MAKES ANY DATA, INFORMATION, IMAGE, PROGRAM, SIGNAL  OR  SOUND
UNINTELLIGIBLE OR UNUSABLE; OR (B) PREVENTS, IMPEDES, DELAYS OR DISRUPTS
ACCESS TO ANY DATA, INFORMATION, IMAGE, PROGRAM, SIGNAL OR SOUND.
  S 4. Section 215.40 of the penal law is amended to read as follows:
S 215.40 Tampering with physical evidence.
  A person is guilty of tampering with physical evidence when:
  1.  With intent that it be used or introduced in, OR BELIEVING THAT IT
HAS BEEN REQUESTED OR MAY BE GATHERED DURING OR PURSUANT TO an  official
proceeding  or  a prospective official proceeding, [he] SUCH PERSON: (a)
knowingly makes, devises or prepares false  physical  evidence,  or  (b)
produces  or  offers such evidence at such a proceeding knowing it to be
false; or
  2. Believing that certain physical evidence [is about to] HAS BEEN  OR
MAY  be REQUESTED, GATHERED, produced or used in OR PURSUANT TO an offi-
cial proceeding or a prospective official proceeding, and  intending  to
prevent  such  production  or use, [he] SUCH PERSON suppresses it by any
act of concealment, alteration, ENCRYPTION or destruction, or by employ-
ing force, intimidation or deception against any person.
  3. NO ELECTRONIC COMMUNICATIONS SERVICE OR REMOTE  COMPUTING  SERVICE,
AS  DEFINED  UNDER  THE  FEDERAL  ELECTRONIC COMMUNICATIONS PRIVACY ACT,
WHICH IS ACTING WITHIN THE ORDINARY COURSE OF BUSINESS, SHALL  BE  OBLI-
GATED TO RETAIN CUSTOMER INFORMATION AND/OR CONTENT UNLESS IN RECEIPT OF
AN OFFICIAL REQUEST TO RETAIN PHYSICAL EVIDENCE.
  Tampering with physical evidence is a class [E] D felony.
  S  5.  The penal law is amended by adding a new article 495 to read as
follows:
                               ARTICLE 495
                  COMPUTER SEX CRIMES AGAINST CHILDREN

SECTION 495.00 COMPUTER SEX CRIMES.
        495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
S 495.00 COMPUTER SEX CRIMES.
  1. A PERSON COMMITS A COMPUTER SEX CRIME WHEN HE OR SHE COMMITS A  SEX
CRIME  AGAINST A CHILD AND FACILITATED THE COMMISSION OF SUCH OFFENSE BY

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USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE  TO  COMMUNI-
CATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED.
  2. A "SEX CRIME AGAINST A CHILD" MEANS A FELONY OFFENSE (A) THE ESSEN-
TIAL ELEMENTS OF WHICH INCLUDE THE COMMISSION OR ATTEMPTED COMMISSION OF
SEXUAL  CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS
CHAPTER, OR THE USE OR PROMOTION OF A SEXUAL OR OBSCENE SEXUAL  PERFORM-
ANCE,  AS  DEFINED  IN  SECTION 263.00 OF THIS CHAPTER, (B) COMMITTED OR
ATTEMPTED TO BE COMMITTED AGAINST A CHILD LESS THAN SEVENTEEN YEARS OLD.
S 495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
  1. WHEN A PERSON IS CONVICTED OF A  COMPUTER  SEX  CRIME  PURSUANT  TO
SECTION 495.00 OF THIS ARTICLE, AND THE UNDERLYING CRIME AGAINST A CHILD
IS  A  VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS CHAP-
TER, THE COMPUTER SEX CRIME SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
  2. WHEN A PERSON IS CONVICTED OF A  COMPUTER  SEX  CRIME  PURSUANT  TO
SECTION  495.00  OF THIS ARTICLE, AND THE UNDERLYING SEX CRIME AGAINST A
CHILD IS A CLASS C, D OR E FELONY,  THE  COMPUTER  SEX  CRIME  SHALL  BE
DEEMED  TO BE ONE CATEGORY HIGHER THAN THE SEX CRIME AGAINST A CHILD THE
DEFENDANT COMMITTED, OR ONE  CATEGORY  HIGHER  THAN  THE  OFFENSE  LEVEL
APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
COMMIT A SEX CRIME AGAINST A CHILD, WHICHEVER IS APPLICABLE.
  3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO  SECTION  495.00  OF  THIS
ARTICLE  AND THE UNDERLYING SEX CRIME AGAINST A CHILD IS A CLASS B FELO-
NY:
  (A) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
  (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
AND
  (C)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
THIS CHAPTER.
  S  6. Subdivisions 4 and 7 of section 200.50 of the criminal procedure
law, as amended by chapter 7 of the laws of 2007, are amended to read as
follows:
  4. A statement in each count that the grand jury, or, where the  accu-
satory  instrument  is a superior court information, the district attor-
ney, accuses the  defendant  or  defendants  of  a  designated  offense,
provided  that in any prosecution under article four hundred eighty-five
of the penal law, the designated offense shall be the specified offense,
as defined in subdivision three of section  485.05  of  the  penal  law,
followed  by  the phrase "as a hate crime", and provided further that in
any prosecution under section 490.25 of the penal  law,  the  designated
offense  shall be the specified offense, as defined in subdivision three
of section 490.05 of the penal law, followed by the phrase "as  a  crime
of  terrorism";  and  provided  further  that  in  any prosecution under
section 130.91 of the penal law, the designated  offense  shall  be  the
specified  offense,  as  defined in subdivision two of section 130.91 of
the penal law, followed by the phrase "as a sexually motivated  felony",
AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 495.00 OF THE
PENAL  LAW,  THE  DESIGNATED  OFFENSE  SHALL BE THE UNDERLYING SEX CRIME
AGAINST A CHILD, AS DEFINED IN SUBDIVISION TWO OF SECTION 495.00 OF  THE
PENAL LAW, FOLLOWED BY THE PHRASE "AS A COMPUTER SEX CRIME"; and
  7.  A plain and concise factual statement in each count which, without
allegations of an evidentiary nature,

S. 1459                             4

  (a) asserts facts supporting every element of the offense charged  and
the defendant's or defendants' commission thereof with sufficient preci-
sion to clearly apprise the defendant or defendants of the conduct which
is the subject of the accusation; and
  (b)  in the case of any armed felony, as defined in subdivision forty-
one of section 1.20, states that such offense is  an  armed  felony  and
specifies   the   particular   implement  the  defendant  or  defendants
possessed, were armed with, used or displayed or,  in  the  case  of  an
implement displayed, specifies what the implement appeared to be; and
  (c) in the case of any hate crime, as defined in section 485.05 of the
penal  law,  specifies,  as applicable, that the defendant or defendants
intentionally selected the person against whom the offense was committed
or intended to be committed; or intentionally committed the act or  acts
constituting  the  offense, in whole or in substantial part because of a
belief or perception regarding the race, color, national origin,  ances-
try,  gender,  religion,  religious  practice, age, disability or sexual
orientation of a person; and
  (d) in the case of a crime of terrorism, as defined in section  490.25
of  the  penal  law,  specifies,  as  applicable,  that the defendant or
defendants acted with intent to intimidate or coerce  a  civilian  popu-
lation,  influence the policy of a unit of government by intimidation or
coercion, or affect the conduct of  a  unit  of  government  by  murder,
assassination or kidnapping; and
  (e)  in the case of a sexually motivated felony, as defined in section
130.91 of the penal law, asserts facts supporting  the  allegation  that
the offense was sexually motivated; and
  (F) IN THE CASE OF A COMPUTER SEX CRIME, AS DEFINED IN SUBDIVISION ONE
OF  SECTION  495.00 OF THE PENAL LAW, SPECIFIES, AS APPLICABLE, THAT THE
DEFENDANT OR DEFENDANTS  FACILITATED  THE  COMMISSION  OF  A  SEX  CRIME
AGAINST  A  CHILD, AS DEFINED IN SUBDIVISION TWO OF SUCH SECTION 495.00,
BY USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE TO  COMMU-
NICATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED; AND
  S  7.  Paragraph  (c)  of subdivision 5 of section 156.00 of the penal
law, as amended by chapter 558 of the laws of 2006, is amended and a new
paragraph (d) is added to read as follows:
  (c) is not and is not intended to be available to  anyone  other  than
the  person  or  persons  rightfully  in  possession thereof or selected
persons having access thereto with his, her or their consent  and  which
accords or may accord such rightful possessors an advantage over compet-
itors  or  other persons who do not have knowledge or the benefit there-
of[.]; OR
  (D) CONTAINS RECORDS OF THE EMPLOYMENT, SALARY, CREDIT OR OTHER FINAN-
CIAL OR PERSONAL INFORMATION RELATING TO ANOTHER PERSON AND SUCH RECORDS
ARE ACCESSED AFTER THE TIME AT WHICH A PERSON KNOWS OR REASONABLY SHOULD
KNOW THAT HE OR SHE IS WITHOUT AUTHORIZATION  TO  VIEW  THE  INFORMATION
DISPLAYED.
  S  8.  Subdivision 2 of section 156.10 of the penal law, as amended by
chapter 558 of the laws of 2006, is amended to read as follows:
  2. he or she thereby knowingly gains access to  computer  material[.];
OR
  S 9. Section 156.10 of the penal law is amended by adding a new subdi-
vision 3 to read as follows:
  3.  HE  OR  SHE  GAINS  ACCESS TO SUCH COMPUTER OR COMPUTER SERVICE BY
USING A CARD, CODE OR OTHER MEANS OF ACCESS, OR ANY COMBINATION THEREOF,
THAT HE OR SHE KNOWS TO BE FORGED OR STOLEN, OR THROUGH USE OF A  FICTI-
TIOUS IDENTITY.

S. 1459                             5

  S  10.  The  opening  paragraph of section 156.20 of the penal law, as
amended by chapter 558 of the laws  of  2006,  is  amended  to  read  as
follows:
  A  person is guilty of computer tampering in the fourth degree when he
or she uses, causes  to  be  used,  or  accesses  a  computer,  computer
service,  or computer network without authorization and he or she inten-
tionally alters in any manner or destroys, DAMAGES OR CONCEALS  computer
data or a computer program of another person.
  S  11.  Subdivisions  3  and  4 of section 156.25 of the penal law, as
amended by chapter 89 of the laws  of  1993,  are  amended  to  read  as
follows:
  3.  he  intentionally  alters  in  any  manner or destroys, DAMAGES OR
CONCEALS computer material; or
  4. he intentionally alters in  any  manner  or  destroys,  DAMAGES  OR
CONCEALS  computer  data or a computer program so as to cause damages in
an aggregate amount exceeding one thousand dollars.
  S 12. Section 156.26 of the penal law, as amended by  chapter  590  of
the laws of 2008, is amended to read as follows:
S 156.26 Computer tampering in the second degree.
  A  person is guilty of computer tampering in the second degree when he
or she commits the crime of computer tampering in the fourth degree  and
he  or  she  intentionally  alters in any manner or destroys, DAMAGES OR
CONCEALS:
  1. computer data or a computer program: (A) so as to cause damages  in
an  aggregate  amount  exceeding  three thousand dollars, OR (B) DOES SO
WITH THE INTENT TO ENDANGER PUBLIC SAFETY, INCLUDING,  BUT  NOT  LIMITED
TO, INTERRUPTING OR IMPAIRING THE PROVIDING OF SERVICES BY ANY PUBLIC OR
PRIVATE  UTILITY  OR  BY ANY STATE, COUNTY OR LOCAL GOVERNMENTAL AGENCY,
PUBLIC CARRIER OR PUBLIC COMMUNICATION SERVICE; or
  2. computer material that contains records of the medical  history  or
medical treatment of an identified or readily identifiable individual or
individuals  and  as  a  result  of such alteration or destruction, such
individual or individuals suffer serious physical injury, and he or  she
is  aware  of and consciously disregards a substantial and unjustifiable
risk that such serious physical injury may occur.
  Computer tampering in the second degree is a class D felony.
  S 13. The opening paragraph of section 156.27 of  the  penal  law,  as
added by chapter 89 of the laws of 1993, is amended to read as follows:
  A  person  is guilty of computer tampering in the first degree when he
commits the crime of computer tampering in  the  fourth  degree  and  he
intentionally  alters  in  any  manner  or destroys, DAMAGES OR CONCEALS
computer data or a computer program so as to cause damages in an  aggre-
gate amount exceeding fifty thousand dollars.
  S  14.  Subdivision  2 of section 115.00 of the penal law, as added by
chapter 422 of the laws of 1978, is amended to read as follows:
  2. to a person under sixteen years of age who  intends  to  engage  in
conduct which would constitute a crime, he, being over eighteen years of
age,  engages in conduct which provides such person with means or oppor-
tunity for the commission thereof and which in fact aids such person  to
commit a crime[.]; OR
  S  15.  Section  115.00  of  the  penal law is amended by adding a new
subdivision 3 to read as follows:
  3. TO A PERSON WHO INTENDS TO COMMIT A CRIME, HE  ENGAGES  IN  CONDUCT
WHICH  INCLUDES THE INTENTIONAL DISCLOSURE OF A COMPUTER PASSWORD, IDEN-
TIFYING CODE, PERSONAL INFORMATION NUMBER, OR OTHER CONFIDENTIAL  INFOR-
MATION  ABOUT A COMPUTER SECURITY SYSTEM WHICH PROVIDES SUCH PERSON WITH

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MEANS OR OPPORTUNITY FOR THE COMMISSION THEREOF AND IN  FACT  AIDS  SUCH
PERSON TO COMMIT A CRIME.
  S 16. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding two new paragraphs (u) and (v) to read as follows:
  (U) COMPUTER SEX CRIMES AS DEFINED IN SECTION 495.00 OF THE PENAL LAW,
COMPUTER TRESPASS AS DEFINED IN SECTION 156.10 OF THE PENAL LAW, COMPUT-
ER  TAMPERING  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 156.25 OF THE
PENAL LAW, COMPUTER TAMPERING IN THE SECOND DEGREE AS DEFINED IN SECTION
156.26 OF THE PENAL LAW, COMPUTER  TAMPERING  IN  THE  FIRST  DEGREE  AS
DEFINED  IN  SECTION  156.27  OF  THE PENAL LAW, UNLAWFUL DUPLICATION OF
COMPUTER RELATED MATERIAL AS DEFINED IN SECTION 156.30 OF THE PENAL LAW,
CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL AS DEFINED  IN  SECTION
156.35 OF THE PENAL LAW, CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE
AS  DEFINED  IN  SECTION  156.40  OF  THE  PENAL  LAW,  CRIMINAL  USE OF
ENCRYPTION IN THE FIRST DEGREE AS DEFINED IN SECTION 156.41 OF THE PENAL
LAW AND DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS
DEFINED IN SECTION 235.22 OF THE PENAL LAW.
  (V) USE OF A CHILD IN A  SEXUAL  PERFORMANCE  AS  DEFINED  IN  SECTION
263.05  OF  THE  PENAL LAW, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD AS DEFINED IN SECTION 263.10  OF  THE  PENAL  LAW,  POSSESSING  AN
OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD AS DEFINED IN SECTION 263.11 OF
THE PENAL LAW, PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS  DEFINED  IN
SECTION  263.15  OF  THE PENAL LAW, POSSESSING A SEXUAL PERFORMANCE BY A
CHILD AS DEFINED IN SECTION 263.16 OF THE PENAL LAW.
  S 17. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
law,  as separately amended by chapters 312 and 472 of the laws of 2008,
is amended to read as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10  and 120.11 relating to assault; sections 125.10 to 125.27 relat-
ing to homicide; sections 130.25, 130.30 and 130.35  relating  to  rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing  to labor trafficking; section 135.65 relating to coercion; sections
140.20, 140.25 and 140.30 relating to burglary; sections 145.05,  145.10
and  145.12  relating  to  criminal  mischief; article one hundred fifty
relating to arson; sections 155.30, 155.35, 155.40 and  155.42  relating
to grand larceny; SECTION 156.10 RELATING TO COMPUTER TRESPASS; SECTIONS
156.25, 156.26 AND 156.27 RELATING TO COMPUTER TAMPERING; SECTION 156.30
RELATING  TO  UNLAWFUL DUPLICATION OF COMPUTER RELATED MATERIAL; SECTION
156.35 RELATING TO CRIMINAL POSSESSION  OF  COMPUTER  RELATED  MATERIAL;
SECTION  156.41 RELATING TO CRIMINAL USE OF ENCRYPTION; sections 177.10,
177.15, 177.20 and 177.25 relating to health  care  fraud;  article  one
hundred  sixty  relating to robbery; sections 165.45, 165.50, 165.52 and
165.54 relating to criminal  possession  of  stolen  property;  sections
165.72 and 165.73 relating to trademark counterfeiting; sections 170.10,
170.15,  170.25,  170.30, 170.40, 170.65 and 170.70 relating to forgery;
sections 175.10, 175.25, 175.35, 175.40 and  210.40  relating  to  false
statements;  sections  176.15,  176.20,  176.25  and  176.30 relating to
insurance fraud; sections 178.20 and 178.25 relating to criminal  diver-
sion  of  prescription  medications  and prescriptions; sections 180.03,
180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04,  200.10,
200.11,  200.12,  200.20,  200.22,  200.25,  200.27,  215.00, 215.05 and
215.19 relating to bribery; sections 187.10, 187.15, 187.20  and  187.25
relating  to  residential  mortgage fraud[,]; sections 190.40 and 190.42
relating to criminal  usury;  section  190.65  relating  to  schemes  to
defraud;  sections  205.60 and 205.65 relating to hindering prosecution;
sections 210.10, 210.15, and 215.51 relating to  perjury  and  contempt;

S. 1459                             7

section  215.40  relating  to tampering with physical evidence; sections
220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,  220.41,
220.43,  220.46,  220.55  and  220.60 relating to controlled substances;
sections  225.10  and  225.20  relating  to  gambling;  sections 230.25,
230.30, and 230.32 relating to promoting  prostitution;  section  230.34
relating  to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22
relating to obscenity; sections 263.05, 263.10 [and], 263.11, 263.15 AND
263.16 relating to [promoting] a sexual performance by a child; sections
265.02, 265.03, 265.04, 265.11, 265.12, 265.13  and  the  provisions  of
section  265.10 which constitute a felony relating to firearms and other
dangerous weapons; and sections 265.14 and 265.16 relating  to  criminal
sale  of a firearm; and section 275.10, 275.20, 275.30, or 275.40 relat-
ing to unauthorized recordings; [and] sections  470.05,  470.10,  470.15
and  470.20  relating to money laundering AND SECTION 495.00 RELATING TO
COMPUTER SEX CRIMES; or
  S 18. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.