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

                                  3838

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2011
                               ___________

Introduced  by  M.  of  A.  BING, ZEBROWSKI, TITONE, JAFFEE, WEISENBERG,
  GUNTHER, COLTON, ROBINSON,  GALEF,  GABRYSZAK,  SCARBOROUGH,  PHEFFER,
  GIBSON, SPANO, HOOPER, M. MILLER, RAMOS -- Multi-Sponsored by -- M. of
  A.  BRENNAN,  ENGLEBRIGHT,  GOTTFRIED,  JEFFRIES, MAYERSOHN, McKEVITT,
  PAULIN, REILLY, SCHIMEL, SIMOTAS, SWEENEY, THIELE  --  read  once  and
  referred 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:

  Section 1. The penal law is amended by adding a  new  article  191  to
read as follows:
                               ARTICLE 191
                  OFFENSES INVOLVING THEFT OF IDENTITY
SECTION 191.00 DEFINITIONS.
        191.05 PETIT IDENTITY THEFT.
        191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
        191.15 IDENTITY THEFT IN THE THIRD DEGREE.
        191.20 IDENTITY THEFT IN THE SECOND DEGREE.
        191.25 IDENTITY THEFT IN THE FIRST DEGREE.
        191.30 UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION
                 IN THE THIRD DEGREE.
        191.35 UNLAWFUL POSSESSION OF PERSONAL  IDENTIFYING  INFORMATION
                 IN THE SECOND DEGREE.
        191.40 UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION
                 IN THE FIRST DEGREE.
        191.45 DEFENSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05183-02-1

              

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        191.50 UNLAWFUL POSSESSION OF A SKIMMER  DEVICE  IN  THE  SECOND
                 DEGREE.
        191.55 UNLAWFUL  POSSESSION  OF  A  SKIMMER  DEVICE IN THE FIRST
                 DEGREE.
S 191.00 DEFINITIONS.
  1. FOR THE PURPOSES OF THIS ARTICLE "PERSONAL IDENTIFYING INFORMATION"
MEANS A PERSON'S NAME, ADDRESS, TELEPHONE NUMBER, DATE OF  BIRTH,  DRIV-
ER'S  LICENSE NUMBER, SOCIAL SECURITY NUMBER, PLACE OF EMPLOYMENT, MOTH-
ER'S MAIDEN NAME, FINANCIAL SERVICES ACCOUNT  NUMBER  OR  CODE,  SAVINGS
ACCOUNT  NUMBER  OR  CODE,  CHECKING  ACCOUNT  NUMBER OR CODE, BROKERAGE
ACCOUNT NUMBER OR CODE, CREDIT CARD ACCOUNT NUMBER OR CODE,  DEBIT  CARD
NUMBER  OR CODE, AUTOMATED TELLER MACHINE NUMBER OR CODE, TAXPAYER IDEN-
TIFICATION NUMBER, COMPUTER SYSTEM PASSWORD,  SIGNATURE  OR  COPY  OF  A
SIGNATURE, ELECTRONIC SIGNATURE, UNIQUE BIOMETRIC DATA THAT IS A FINGER-
PRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE OF ANOTHER PERSON, TELE-
PHONE  CALLING  CARD NUMBER, MOBILE IDENTIFICATION NUMBER OR CODE, ELEC-
TRONIC  SERIAL  NUMBER  OR  PERSONAL  IDENTIFICATION   NUMBER,   MEDICAL
INFORMATION,  MEDICAL  INSURANCE INFORMATION, OR ANY OTHER NAME, NUMBER,
CODE OR INFORMATION THAT MAY BE USED ALONE OR IN CONJUNCTION WITH  OTHER
SUCH INFORMATION TO ASSUME THE IDENTITY OF ANOTHER PERSON.
  2. FOR THE PURPOSES OF THIS ARTICLE:
  (A)  "ELECTRONIC  SIGNATURE" SHALL HAVE THE SAME MEANING AS DEFINED IN
SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE  STATE  TECHNOLOGY
LAW.
  (B)  "PERSONAL  IDENTIFICATION  NUMBER" MEANS ANY NUMBER OR CODE WHICH
MAY BE USED ALONE OR IN CONJUNCTION WITH ANY OTHER INFORMATION TO ASSUME
THE IDENTITY OF ANOTHER PERSON OR ACCESS FINANCIAL RESOURCES  OR  CREDIT
OF ANOTHER PERSON.
  (C)  "MEMBER  OF THE ARMED FORCES" SHALL MEAN A PERSON IN THE MILITARY
SERVICE OF THE UNITED STATES OR  THE  MILITARY  SERVICE  OF  THE  STATE,
INCLUDING BUT NOT LIMITED TO, THE ARMED FORCES OF THE UNITED STATES, THE
ARMY NATIONAL GUARD, THE AIR NATIONAL GUARD, THE NEW YORK NAVAL MILITIA,
THE  NEW YORK GUARD, AND SUCH ADDITIONAL FORCES AS MAY BE CREATED BY THE
FEDERAL OR STATE GOVERNMENT AS AUTHORIZED BY LAW.
  (D) "MEDICAL INFORMATION" MEANS ANY INFORMATION REGARDING AN  INDIVID-
UAL'S  MEDICAL  HISTORY, MENTAL OR PHYSICAL CONDITION, OR MEDICAL TREAT-
MENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL.
  (E) "MEDICAL  INSURANCE  INFORMATION"  MEANS  AN  INDIVIDUAL'S  HEALTH
INSURANCE  POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY UNIQUE
IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY THE  INDIVIDUAL  OR  ANY
INFORMATION  IN  AN INDIVIDUAL'S APPLICATION AND CLAIMS HISTORY, INCLUD-
ING, BUT NOT LIMITED TO, APPEALS HISTORY.
S 191.05 PETIT IDENTITY THEFT.
  A PERSON IS GUILTY OF PETIT IDENTITY THEFT WHEN HE  OR  SHE  KNOWINGLY
AND  WITH  INTENT  TO  DEFRAUD ASSUMES THE IDENTITY OF ANOTHER PERSON BY
PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT
OTHER PERSON OR BY USING PERSONAL IDENTIFYING INFORMATION OF THAT  OTHER
PERSON,  AND  THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES
CREDIT IN THE NAME OF SUCH OTHER PERSON OR CAUSES FINANCIAL LOSS TO SUCH
PERSON OR TO ANOTHER PERSON OR PERSONS.
  PETIT IDENTITY THEFT IS A CLASS A MISDEMEANOR.
S 191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE FOURTH DEGREE WHEN  HE  OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1.  ASSUMES  THE  IDENTITY  OF ANOTHER PERSON BY PRESENTING HIMSELF OR
HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT OTHER  PERSON  OR  BY

A. 3838                             3

USING  PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND THERE-
BY:
  (A)  OBTAINS  GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  FIVE
HUNDRED DOLLARS; OR
  (B)  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED DOLLARS; OR
  (C) COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS AN ACCESSORY  TO
THE COMMISSION OF A FELONY; OR
  (D)  COMMITS  THE  CRIME OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A  MEMBER  OF
THE  ARMED  FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED OUTSIDE OF
THE CONTINENTAL UNITED STATES; OR
  (E) COMMITS THE CRIME OF PETIT IDENTITY THEFT AS  DEFINED  IN  SECTION
191.05  OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A VULNERABLE
ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS
CHAPTER, OR A PERSON WHO IS  UNABLE  TO  CARE  FOR  HIMSELF  OR  HERSELF
BECAUSE  OF PHYSICAL DISABILITY, MENTAL DISEASE OR DEFECT, OR BECAUSE HE
OR SHE IS A MINOR; OR
  2. ASSUMES THE IDENTITY OF THREE OR MORE PERSONS BY PRESENTING HIMSELF
OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER  PERSONS,
OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME  OF  THOSE  PERSONS,  OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 191.15 IDENTITY THEFT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF IDENTIFY THEFT IN THE THIRD DEGREE  WHEN  HE  OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1. (A) ASSUMES THE IDENTITY OF ANOTHER PERSON BY PRESENTING HIMSELF OR
HERSELF  AS  THAT  OTHER PERSON, OR BY ACTING AS THAT OTHER PERSON OR BY
USING PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND  THERE-
BY:
  (A)  OBTAINS  GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO  THOU-
SAND DOLLARS; OR
  (B)  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO THOUSAND DOLLARS; OR
  (C) COMMITS OR ATTEMPTS TO COMMIT A CLASS D  FELONY  OR  HIGHER  LEVEL
CRIME  OR  ACTS AS AN ACCESSORY TO THE COMMISSION OF A CLASS D OR HIGHER
LEVEL FELONY; OR
  (D) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  FOURTH  DEGREE  AS
DEFINED  IN  SECTION  191.10  OF  THIS  ARTICLE  AND HAS BEEN PREVIOUSLY
CONVICTED WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS  DEFINED
IN  SECTION  191.05,  IDENTITY  THEFT IN THE FOURTH DEGREE AS DEFINED IN
SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS  DEFINED  IN  THIS
SECTION,  IDENTITY  THEFT  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION
191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25,
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING  INFORMATION  IN  THE  THIRD
DEGREE  AS  DEFINED  IN  SECTION 191.30, UNLAWFUL POSSESSION OF PERSONAL
IDENTIFYING INFORMATION IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
191.35,  UNLAWFUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
FIRST DEGREE AS DEFINED IN SECTION  191.40,  UNLAWFUL  POSSESSION  OF  A
SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAW-
FUL  POSSESSION  OF  A  SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN
SECTION 191.55, GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION

A. 3838                             4

155.30, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED IN SECTION  155.35,
GRAND LARCENY IN THE SECOND DEGREE AS DEFINED IN SECTION 155.40 OR GRAND
LARCENY  IN  THE  FIRST  DEGREE  AS  DEFINED IN SECTION 155.42, CRIMINAL
POSSESSION  OF  A  FORGED  INSTRUMENT  IN THE THIRD DEGREE AS DEFINED IN
SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND
DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL  POSSESSION  OF  A  FORGED
INSTRUMENT    IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN  SECTION
165.40,  CRIMINAL  POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS
DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN
PROPERTY IN THE SECOND DEGREE AS DEFINED  IN  SECTION  165.52,  CRIMINAL
POSSESSION  OF STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION
165.54, OR CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN  SECTION
170.40 OF THIS CHAPTER; OR
  (E)  COMMITS  THE  CRIME  OF  IDENTITY  THEFT  IN THE FOURTH DEGREE AS
DEFINED IN SECTION 191.10 OF THIS ARTICLE  AND  KNOWS  THAT  SUCH  OTHER
PERSON  IS  A  MEMBER OF THE ARMED FORCES, AND KNOWS THAT SUCH MEMBER IS
PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
  (F) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  FOURTH  DEGREE  AS
DEFINED  IN  SECTION  191.10  OF  THIS ARTICLE AND KNOWS THAT SUCH OTHER
PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF
SECTION 260.31 OF THIS CHAPTER, OR A PERSON WHO IS UNABLE  TO  CARE  FOR
HIMSELF  OR  HERSELF  BECAUSE  OF PHYSICAL DISABILITY, MENTAL DISEASE OR
DEFECT, OR BECAUSE HE OR SHE IS A MINOR; OR
  2. ASSUMES THE IDENTITY OF TEN OR MORE PERSONS BY  PRESENTING  HIMSELF
OR  HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS,
OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO  AT  LEAST  ONE  SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
S 191.20 IDENTITY THEFT IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN HE OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1. ASSUMES THE IDENTITY OF ANOTHER PERSON  BY  PRESENTING  HIMSELF  OR
HERSELF  AS  THAT  OTHER PERSON, OR BY ACTING AS THAT OTHER PERSON OR BY
USING PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND  THERE-
BY:
  (A)  OBTAINS  GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME  OF  SUCH  OTHER  PERSON  IN  AN  AGGREGATE  AMOUNT  THAT   EXCEEDS
TWENTY-FIVE THOUSAND DOLLARS; OR
  (B)  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON OR TO ANOTHER PERSON OR
PERSONS  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWENTY-FIVE  THOUSAND
DOLLARS; OR
  (C)  COMMITS  OR  ATTEMPTS  TO COMMIT A CLASS C FELONY OR HIGHER LEVEL
CRIME OR ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C  OR  HIGHER
LEVEL FELONY; OR
  (D) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN  SECTION  191.15  OF  THIS  ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05, IDENTITY THEFT IN  THE  FOURTH  DEGREE  AS  DEFINED  IN  SECTION
191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION 191.15,
IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN THIS SECTION, IDENTITY
THEFT  IN  THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION 191.25, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE  THIRD  DEGREE  AS

A. 3838                             5

DEFINED  IN  SECTION 191.30, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE SECOND DEGREE AS DEFINED IN SECTION 191.35,  UNLAWFUL
POSSESSION  OF  PERSONAL  IDENTIFYING INFORMATION IN THE FIRST DEGREE AS
DEFINED  IN  SECTION  191.40, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION OF A
SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION  191.55,  GRAND
LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30, GRAND LARCENY
IN  THE  THIRD DEGREE AS DEFINED IN SECTION 155.35, GRAND LARCENY IN THE
SECOND DEGREE AS DEFINED IN SECTION 155.40 OR GRAND LARCENY IN THE FIRST
DEGREE AS DEFINED IN SECTION 155.42, CRIMINAL  POSSESSION  OF  A  FORGED
INSTRUMENT  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION  170.25, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST
DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE FIFTH DEGREE AS DEFINED SECTION 165.40, CRIMINAL  POSSESSION
OF  STOLEN  PROPERTY  IN THE FOURTH DEGREE AS DEFINED IN SECTION 165.45,
CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN
SECTION 165.50, CRIMINAL POSSESSION OF STOLEN  PROPERTY  IN  THE  SECOND
DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY  IN  THE  FIRST  DEGREE  AS  DEFINED IN SECTION 165.54, OR CRIMINAL
POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAP-
TER; OR
  (E) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS  A
MEMBER  OF  THE  ARMED FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED
OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
  (F) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS  A
VULNERABLE  ELDERLY  PERSON  AS  DEFINED IN SUBDIVISION THREE OF SECTION
260.31 OF THIS CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR HIMSELF OR
HERSELF BECAUSE OF PHYSICAL DISABILITY, MENTAL  DISEASE  OR  DEFECT,  OR
BECAUSE HE OR SHE IS A MINOR; OR
  2.  ASSUMES  THE IDENTITY OF TWENTY-FIVE OR MORE PERSONS BY PRESENTING
HIMSELF OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS  THOSE  OTHER
PERSONS,  OR  BY  USING  PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER
PERSONS, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR  USES
CREDIT  IN  THE  NAME  OF  THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT
LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 191.25 IDENTITY THEFT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE  WHEN  HE  OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1.  ASSUMES  THE  IDENTITY  OF ANOTHER PERSON BY PRESENTING HIMSELF OR
HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT OTHER  PERSON  OR  BY
USING  PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND THERE-
BY:
  (A) OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT  IN  THE
NAME  OF  SUCH  OTHER  PERSON  IN  AN  AGGREGATE AMOUNT THAT EXCEEDS TWO
HUNDRED THOUSAND DOLLARS; OR
  (B) CAUSES FINANCIAL LOSS TO SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
PERSONS  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWO  HUNDRED THOUSAND
DOLLARS; OR
  (C) COMMITS OR ATTEMPTS TO COMMIT A CLASS B  FELONY  OR  HIGHER  LEVEL
CRIME  OR  ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS B OR HIGHER
LEVEL FELONY; OR

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  (D) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  SECOND  DEGREE  AS
DEFINED  IN  SECTION  191.20  OF  THIS  ARTICLE  AND HAS BEEN PREVIOUSLY
CONVICTED WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS  DEFINED
IN  SECTION  191.05,  IDENTITY  THEFT IN THE FOURTH DEGREE AS DEFINED IN
SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION
191.15, IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 191.20
OF  THIS  ARTICLE, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN THIS
SECTION, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN  THE
SECOND  DEGREE  AS  DEFINED  IN  SECTION  191.35, UNLAWFUL POSSESSION OF
PERSONAL IDENTIFYING INFORMATION IN  THE  FIRST  DEGREE  AS  DEFINED  IN
SECTION  191.40,  UNLAWFUL  POSSESSION OF A SKIMMER DEVICE IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION  OF  A  SKIMMER
DEVICE  IN  THE FIRST DEGREE AS DEFINED IN SECTION 191.55, GRAND LARCENY
IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30, GRAND LARCENY IN  THE
THIRD  DEGREE  AS DEFINED IN SECTION 155.35, GRAND LARCENY IN THE SECOND
DEGREE AS DEFINED IN SECTION 155.40 OR GRAND LARCENY IN THE FIRST DEGREE
AS DEFINED IN SECTION 155.42, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF
A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN  SECTION  170.25,
CRIMINAL  POSSESSION  OF  A  FORGED  INSTRUMENT  IN  THE FIRST DEGREE AS
DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN
PROPERTY IN THE FOURTH DEGREE AS DEFINED  IN  SECTION  165.45,  CRIMINAL
POSSESSION  OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION
165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND  DEGREE  AS
DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIRST  DEGREE  AS  DEFINED  IN SECTION 165.54, OR CRIMINAL POSSESSION OF
FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER; OR
  (E) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  SECOND  DEGREE  AS
DEFINED  IN  SECTION  191.20  OF  THIS ARTICLE AND KNOWS THAT SUCH OTHER
PERSON IS A MEMBER OF THE ARMED FORCES, AND KNOWS THAT  SUCH  MEMBER  IS
PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
  (F)  COMMITS  THE  CRIME  OF  IDENTITY  THEFT  IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.20 OF THIS ARTICLE  AND  KNOWS  THAT  SUCH  OTHER
PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF
SECTION  260.31  OF  THIS CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR
HIMSELF OR HERSELF BECAUSE OF PHYSICAL  DISABILITY,  MENTAL  DISEASE  OR
DEFECT, OR BECAUSE HE OR SHE IS A MINOR; OR
  2. ASSUMES THE IDENTITY OF FIFTY OR MORE PERSONS BY PRESENTING HIMSELF
OR  HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS,
OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO  AT  LEAST  ONE  SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 191.30 UNLAWFUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
           THIRD DEGREE.
  A PERSON IS GUILTY OF  UNLAWFUL  POSSESSION  OF  PERSONAL  IDENTIFYING
INFORMATION  IN  THE  THIRD  DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES A
PERSON'S PERSONAL IDENTIFYING INFORMATION AS DEFINED IN  SECTION  191.00
OF  THIS  ARTICLE OF ANOTHER PERSON KNOWING SUCH INFORMATION IS INTENDED
TO BE USED IN FURTHERANCE OF THE COMMISSION OF A CRIME DEFINED  IN  THIS
CHAPTER.
  UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD
DEGREE IS A CLASS A MISDEMEANOR.

A. 3838                             7

S 191.35 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN  THE
           SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE SECOND DEGREE WHEN  HE  OR  SHE  KNOWINGLY  POSSESSES
FIFTY  OR  MORE  ITEMS OF PERSONAL IDENTIFYING INFORMATION AS DEFINED IN
SECTION 191.00 OF THIS ARTICLE KNOWING SUCH INFORMATION IS  INTENDED  TO
BE  USED  IN  FURTHERANCE  OF  THE COMMISSION OF A CRIME DEFINED IN THIS
CHAPTER.
  UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE  SECOND
DEGREE IS A CLASS E FELONY.
S 191.40 UNLAWFUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
           FIRST DEGREE.
  A PERSON IS GUILTY OF  UNLAWFUL  POSSESSION  OF  PERSONAL  IDENTIFYING
INFORMATION  IN  THE  FIRST  DEGREE  WHEN HE OR SHE COMMITS THE CRIME OF
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION  IN  THE  SECOND
DEGREE AND:
  1.  WITH  INTENT  TO  FURTHER  THE COMMISSION OF IDENTITY THEFT IN THE
THIRD DEGREE, HE OR SHE SUPERVISES MORE THAN THREE ACCOMPLICES; OR
  2. HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE  YEARS
OF  PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT IN
THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY  THEFT  IN  THE
THIRD  DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST  DEGREE
AS  DEFINED IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
ING INFORMATION THE THIRD DEGREE AS DEFINED IN SECTION 191.30,  UNLAWFUL
POSSESSION  OF  PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF  PERSONAL  IDENTIFYING
INFORMATION  IN  THE  FIRST  DEGREE AS DEFINED IN THIS SECTION, UNLAWFUL
POSSESSION OF A SKIMMER DEVICE  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  191.50,  UNLAWFUL  POSSESSION  OF A SKIMMER DEVICE IN THE FIRST
DEGREE AS DEFINED IN SECTION 191.55, GRAND LARCENY IN THE FOURTH  DEGREE
AS  DEFINED  IN  SECTION  155.30,  GRAND  LARCENY IN THE THIRD DEGREE AS
DEFINED IN SECTION 155.35, GRAND LARCENY IN THE SECOND DEGREE AS DEFINED
IN SECTION 155.40 OR GRAND LARCENY IN THE FIRST  DEGREE  AS  DEFINED  IN
SECTION  155.42, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD
DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL  POSSESSION  OF  A  FORGED
INSTRUMENT  IN  THE SECOND DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE  FIRST  DEGREE  AS  DEFINED  IN
SECTION  170.30,  CRIMINAL  POSSESSION  OF  STOLEN PROPERTY IN THE FIFTH
DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE  FOURTH  DEGREE  AS  DEFINED  IN  SECTION  165.45,  CRIMINAL
POSSESSION  OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION
165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND  DEGREE  AS
DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIRST  DEGREE  AS  DEFINED  IN SECTION 165.54, OR CRIMINAL POSSESSION OF
FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER; OR
  3. WITH INTENT TO FURTHER THE COMMISSION  OF  IDENTITY  THEFT  IN  THE
SECOND DEGREE:
  (A) HE OR SHE SUPERVISES MORE THAN TWO ACCOMPLICES, AND
  (B)  HE OR SHE KNOWS THAT THE PERSON WHOSE PERSONAL IDENTIFYING INFOR-
MATION THAT HE OR SHE POSSESSES IS A MEMBER OF THE ARMED FORCES, AND
  (C) HE OR SHE KNOWS THAT SUCH MEMBER OF THE ARMED FORCES IS  PRESENTLY
DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES.
  UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST
DEGREE IS A CLASS D FELONY.
S 191.45 DEFENSES.

A. 3838                             8

  IN ANY PROSECUTION  FOR  IDENTITY  THEFT  OR  UNLAWFUL  POSSESSION  OF
PERSONAL  IDENTIFYING  INFORMATION PURSUANT TO THIS ARTICLE, IT SHALL BE
AN AFFIRMATIVE DEFENSE THAT THE PERSON CHARGED WITH THE OFFENSE:
  1.  WAS  UNDER  TWENTY-ONE  YEARS OF AGE AT THE TIME OF COMMITTING THE
OFFENSE AND THE PERSON USED OR POSSESSED THE PERSONAL IDENTIFYING INFOR-
MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING ALCOHOL;
  2. WAS UNDER EIGHTEEN YEARS OF AGE  AT  THE  TIME  OF  COMMITTING  THE
OFFENSE AND THE PERSON USED OR POSSESSED THE PERSONAL IDENTIFYING INFOR-
MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING TOBACCO PRODUCTS;
OR
  3.  USED  OR POSSESSED THE PERSONAL IDENTIFYING INFORMATION OF ANOTHER
PERSON SOLELY FOR THE PURPOSE OF MISREPRESENTING  THE  PERSON'S  AGE  TO
GAIN ACCESS TO A PLACE THE ACCESS TO WHICH IS RESTRICTED BASED ON AGE.
S 191.50 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE.
  1.  A  PERSON  IS GUILTY OF UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE WHEN HE OR SHE POSSESSES A  SKIMMER  DEVICE  WITH  THE
INTENT  THAT SUCH DEVICE BE USED IN FURTHERANCE OF THE COMMISSION OF THE
CRIME OF IDENTITY THEFT OR UNLAWFUL POSSESSION OF  PERSONAL  IDENTIFYING
INFORMATION AS DEFINED IN THIS ARTICLE.
  2.  FOR  PURPOSES  OF  THIS  ARTICLE,  "SKIMMER DEVICE" MEANS A DEVICE
DESIGNED OR ADAPTED TO OBTAIN PERSONAL IDENTIFYING  INFORMATION  FROM  A
CREDIT  CARD, DEBIT CARD, PUBLIC BENEFIT CARD, ACCESS CARD OR DEVICE, OR
OTHER CARD OR DEVICE THAT CONTAINS PERSONAL IDENTIFYING INFORMATION.
  UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN  THE  SECOND  DEGREE  IS  A
CLASS A MISDEMEANOR.
S 191.55 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE
FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL POSSESSION  OF
A  SKIMMER DEVICE IN THE SECOND DEGREE AND HE OR SHE HAS BEEN PREVIOUSLY
CONVICTED WITHIN THE LAST FIVE YEARS OF IDENTITY  THEFT  IN  THE  FOURTH
DEGREE  AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE
AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN  THE  SECOND  DEGREE  AS
DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED
IN  SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMA-
TION IN  THE  THIRD  DEGREE  AS  DEFINED  IN  SECTION  191.30,  UNLAWFUL
POSSESSION  OF  PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF  PERSONAL  IDENTIFYING
INFORMATION  IN  THE FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL
POSSESSION OF A SKIMMER DEVICE  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  191.50,  UNLAWFUL  POSSESSION  OF A SKIMMER DEVICE IN THE FIRST
DEGREE AS DEFINED IN THIS SECTION, GRAND LARCENY IN THE FOURTH DEGREE AS
DEFINED IN SECTION 155.30, GRAND LARCENY IN THE THIRD DEGREE AS  DEFINED
IN  SECTION  155.35,  GRAND  LARCENY  IN THE SECOND DEGREE AS DEFINED IN
SECTION 155.40, GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN  SECTION
155.42,  CRIMINAL  POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE
AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25,  CRIMINAL  POSSESSION
OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30,
CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN
SECTION  165.40,  CRIMINAL  POSSESSION  OF STOLEN PROPERTY IN THE FOURTH
DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN  THE  THIRD  DEGREE  AS  DEFINED  IN  SECTION  165.50,  CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS DEFINED IN SECTION
165.52,  CRIMINAL  POSSESSION  OF STOLEN PROPERTY IN THE FIRST DEGREE AS
DEFINED IN SECTION 165.54, OR CRIMINAL POSSESSION OF FORGERY DEVICES  AS
DEFINED IN SECTION 170.40 OF THIS CHAPTER.

A. 3838                             9

  UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE IS A CLASS
E FELONY.
  S  2.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 405 of the laws of 2010, 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 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27  relating  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 relating to labor traf-
ficking; 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; 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 coun-
terfeiting; 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  diversion  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  191.05,  191.10,  191.15,  191.20,  191.25,  191.30,
191.35, 191.40, 191.50 AND 191.55 RELATING TO IDENTITY  THEFT,  sections
205.60  and  205.65  relating to hindering prosecution; sections 210.10,
210.15, and 215.51 relating to  perjury  and  contempt;  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,  220.60  and  220.77 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  263.10  and  263.15 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  relating  to  unauthorized recordings; and
sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering;
or
  S 3. Paragraph (a) of subdivision 3 of section  490.05  of  the  penal
law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
is amended to read as follows:
  (a)  "Specified  offense" for purposes of this article means a class A
felony offense other than an offense as defined in article  two  hundred
twenty,   a   violent  felony  offense  as  defined  in  section  70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering in the first degree as defined  in  section  145.20,  identity
theft  in the second degree as defined in section [190.79] 191.20, iden-
tity theft in the first degree as defined in  section  [190.80]  191.25,

A. 3838                            10

unlawful possession of personal identification information in the second
degree  as  defined  in  section [190.82] 191.35, unlawful possession of
personal identification information in the first degree  as  defined  in
section [190.83] 191.40, money laundering in support of terrorism in the
fourth  degree as defined in section 470.21, money laundering in support
of terrorism in the third degree as defined  in  section  470.22,  money
laundering  in  support  of terrorism in the second degree as defined in
section 470.23, money laundering in support of terrorism  in  the  first
degree  as  defined  in  section 470.24 of this chapter, and includes an
attempt or conspiracy to commit any such offense.
  S 4. The opening paragraph and  paragraph  (l)  of  subdivision  4  of
section 20.40 of the criminal procedure law, paragraph (l) as amended by
chapter 346 of the laws of 2007, are amended to read as follows:
  A  person  may  be  convicted  in  an  appropriate criminal court of a
particular county, of an offense of which the criminal  courts  of  this
state  have  jurisdiction pursuant to section 20.20, committed either by
his OR HER own conduct or by the conduct of another for which he OR  SHE
is legally accountable pursuant to section 20.00 of the penal law, when:
  (l)  An  offense  of identity theft or unlawful possession of personal
[identification] IDENTIFYING information AND ALL CRIMINAL ACTS COMMITTED
IN CONNECTION WITH THOSE CRIMES OR COMMITTED THROUGH THE CRIMINAL MISUSE
OF PERSONAL IDENTIFYING INFORMATION may be prosecuted (i) in any  county
in  which  part  of  the  offense  took  place regardless of whether the
defendant was actually present in such county, or (ii) in the county  in
which  the  person who suffers financial loss resided at the time of the
commission of the offense, or (iii) in the county where the person whose
personal  [identification]  IDENTIFYING  information  was  used  in  the
commission  of  the offense resided at the time of the commission of the
offense. The law enforcement agency of any  such  county  shall  take  a
police  report  of the matter and provide the complainant with a copy of
such report at no charge.
  S 5. Paragraph (s) of subdivision 8 of section 700.05 of the  criminal
procedure  law  is  REPEALED and a new paragraph (s) is added to read as
follows:
  (S) PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY  THEFT
IN THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE
THIRD  DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST  DEGREE
AS  DEFINED IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
ING INFORMATION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAW-
FUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND  DEGREE
AS  DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
ING INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAW-
FUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE  AS  DEFINED  IN
SECTION  191.50, OR UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST
DEGREE AS DEFINED IN SECTION 191.55 OF THE PENAL LAW.
  S 6. Paragraph (b) of subdivision 1 of section 899-aa of  the  general
business law, as added by chapter 442 of the laws of 2005, is amended to
read as follows:
  (b)  "Private  information" shall mean personal information consisting
of any information in combination with any one or more of the  following
data  elements, when either the personal information or the data element
is not encrypted, or encrypted with an encryption key that has also been
acquired:
  (1) social security number;

A. 3838                            11

  (2) driver's license number or non-driver identification card  number;
or
  (3)  account  number, credit or debit card number, in combination with
any required security code, access code, or password that  would  permit
access to an individual's financial account; OR
  (4) MEDICAL INFORMATION; OR
  (5) HEALTH INSURANCE INFORMATION;
  FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
MATION  REGARDING  AN  INDIVIDUAL'S  MEDICAL HISTORY, MENTAL OR PHYSICAL
CONDITION, OR MEDICAL TREATMENT OR DIAGNOSIS BY A  HEALTH  CARE  PROFES-
SIONAL.
  FOR  PURPOSES  OF THIS PARAGRAPH, "HEALTH INSURANCE INFORMATION" MEANS
AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
TION NUMBER, ANY UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO  IDENTIFY
THE  INDIVIDUAL  OR  ANY  INFORMATION IN AN INDIVIDUAL'S APPLICATION AND
CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
  "Private information" does not include publicly available  information
which  is  lawfully  made  available to the general public from federal,
state, or local government records.
  S 7. Paragraph (a) of subdivision 1 of section 208 of the state  tech-
nology  law,  as added by chapter 442 of the laws of 2005, is amended to
read as follows:
  (a) "Private information" shall mean personal information in  combina-
tion  with  any  one or more of the following data elements, when either
the personal information  or  the  data  element  is  not  encrypted  or
encrypted with an encryption key that has also been acquired:
  (1) social security number;
  (2)  driver's license number or non-driver identification card number;
or
  (3) account number, credit or debit card number, in  combination  with
any  required security code, access code, or password which would permit
access to an individual's financial account[.]; OR
  (4) MEDICAL INFORMATION; OR
  (5) HEALTH INSURANCE INFORMATION.
  FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
MATION REGARDING AN INDIVIDUAL'S MEDICAL  HISTORY,  MENTAL  OR  PHYSICAL
CONDITION,  OR  MEDICAL  TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFES-
SIONAL.
  FOR PURPOSES OF THIS PARAGRAPH, "HEALTH INSURANCE  INFORMATION"  MEANS
AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
TION  NUMBER, ANY UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY
THE INDIVIDUAL OR ANY INFORMATION IN  AN  INDIVIDUAL'S  APPLICATION  AND
CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
  "Private  information" does not include publicly available information
that is lawfully made available to  the  general  public  from  federal,
state, or local government records.
  S  8. Sections 190.77, 190.78, 190.79, 190.80, 190.81, 190.82, 190.83,
190.84, 190.85 and 190.86 of the penal law are REPEALED.
  S 9. Subdivision 1 of section 60.27 of the penal law,  as  amended  by
chapter 279 of the laws of 2008, is amended to read as follows:
  1.  In addition to any of the dispositions authorized by this article,
the court shall consider restitution or reparation to the victim of  the
crime  and may require restitution or reparation as part of the sentence
imposed upon a person convicted of an offense, and after  providing  the
district attorney with an opportunity to be heard in accordance with the
provisions  of  this subdivision, require the defendant to make restitu-

A. 3838                            12

tion of the fruits of his or her offense or reparation  for  the  actual
out-of-pocket  loss  caused  thereby  and, in the case of a violation of
section [190.78, 190.79,  190.80,  190.82  or  190.83]  191.05,  191.10,
191.15,  191.20  OR 191.25 of this chapter, any costs or losses incurred
due to any adverse action taken against the victim. The district  attor-
ney  shall  where appropriate, advise the court at or before the time of
sentencing that the victim seeks restitution or reparation,  the  extent
of  injury  or  economic loss or damage of the victim, and the amount of
restitution or reparation sought by the victim in accordance with his or
her responsibilities under subdivision two  of  section  390.50  of  the
criminal  procedure  law  and article twenty-three of the executive law.
The court shall hear and  consider  the  information  presented  by  the
district  attorney  in  this  regard.  In that event, or when the victim
impact statement reports that the victim seeks  restitution  or  repara-
tion,  the  court shall require, unless the interests of justice dictate
otherwise, in addition to any of the  dispositions  authorized  by  this
article that the defendant make restitution of the fruits of the offense
and  reparation  for the actual out-of-pocket loss and, in the case of a
violation of section [190.78, 190.79, 190.80, 190.82 or 190.83]  191.05,
191.10,  191.15,  191.20  OR 191.25 of this chapter, any costs or losses
incurred due to any adverse action, caused thereby to the victim. In the
event that restitution or reparation are not ordered,  the  court  shall
clearly  state its reasons on the record. Adverse action as used in this
subdivision shall mean and include actual loss incurred by  the  victim,
including  an  amount equal to the value of the time reasonably spent by
the victim attempting to remediate the harm incurred by the victim  from
the offense, and the consequential financial losses from such action.
  S  10.  Paragraph  (b)  of subdivision 4 of section 60.27 of the penal
law, as amended by section 41 of part A-1 of chapter 56 of the  laws  of
2010, is amended to read as follows:
  (b)  the  term  "victim"  shall include the victim of the offense, the
representative of a crime  victim  as  defined  in  subdivision  six  of
section six hundred twenty-one of the executive law, an individual whose
identity  was assumed or whose personal identifying information was used
in violation of section  [190.78,  190.79  or  190.80]  191.05,  191.10,
191.15, 191.20 OR 191.25 of this chapter, or any person who has suffered
a  financial  loss  as  a  direct  result  of the acts of a defendant in
violation of section [190.78, 190.79, 190.80, 190.82 or 190.83]  191.05,
191.10,  191.15,  191.20  OR 191.25 of this chapter, a good samaritan as
defined in section six hundred twenty-one of the executive law  and  the
office of victim services or other governmental agency that has received
an  application for or has provided financial assistance or compensation
to the victim.
  S 11. Subdivision 2 of section 646 of the executive law, as amended by
chapter 346 of the laws of 2007, is amended to read as follows:
  2. An individual whose identity was assumed or whose personal  identi-
fying  information,  as  defined  in [section 190.77] SUBDIVISION ONE OF
SECTION 191.00 of the penal  law,  was  used  in  violation  of  section
[190.78,  190.79  or 190.80] 191.05, 191.10, 191.15, 191.20 OR 191.25 of
the penal law, or any person who has suffered  a  financial  loss  as  a
direct  result  of  the  acts  of  a  defendant  in violation of section
[190.78, 190.79, 190.80,  190.82  or  190.83]  191.05,  191.10,  191.15,
151.20  OR  191.25  of  the  penal  law,  who  has learned or reasonably
suspects that his or  her  personal  identifying  information  has  been
unlawfully  used  by  another,  may  make  a  complaint to the local law
enforcement agency of the county in which any part of the  offense  took

A. 3838                            13

place  regardless  of whether the defendant was actually present in such
county, or in the county in which the person who suffered financial loss
resided at the time of the commission of the offense, or in  the  county
where  the  person whose personal identification information was used in
the commission of the offense resided at the time of the  commission  of
the  offense as provided in paragraph (l) of subdivision four of section
20.40 of the criminal procedure law. Said local law  enforcement  agency
shall  take  a  police  report of the matter and provide the complainant
with a copy of such report free of charge.
  S 12. Paragraph (d) of subdivision 7 of section 995 of  the  executive
law,  as amended by chapter 2 of the laws of 2006, is amended to read as
follows:
  (d) any of the following felonies, or an attempt  thereof  where  such
attempt is a felony offense:
  aggravated  assault  upon  a  person  less  than  eleven years old, as
defined in section 120.12 of  the  penal  law;  menacing  in  the  first
degree,  as  defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of  the  penal
law;  stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in  section  125.10
of  the  penal  law;  vehicular  manslaughter  in  the second degree, as
defined in section 125.12 of the penal law;  vehicular  manslaughter  in
the  first  degree,  as  defined  in  section  125.13  of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal  law;
aggravated  sexual  abuse  in  the  fourth degree, as defined in section
130.65-a of the penal law; female  genital  mutilation,  as  defined  in
section  130.85  of  the  penal  law;  facilitating a sex offense with a
controlled substance, as defined in section 130.90  of  the  penal  law;
unlawful  imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal  law;  criminal  trespass  in  the  first
degree,  as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal  law;
tampering  with  a  consumer  product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as  defined
in section 160.05 of the penal law; identity theft in the second degree,
as  defined  in section [190.79] 191.20 of the penal law; identity theft
in the first degree, as defined in section [190.80] 191.25 of the  penal
law;  promoting  prison  contraband  in  the first degree, as defined in
section 205.25 of the penal law; tampering with a witness in  the  third
degree,  as defined in section 215.11 of the penal law; tampering with a
witness in the second degree, as defined in section 215.12 of the  penal
law; tampering with a witness in the first degree, as defined in section
215.13  of  the  penal  law;  criminal  contempt in the first degree, as
defined in subdivisions (b), (c) and (d) of section 215.51 of the  penal
law;  aggravated  criminal contempt, as defined in section 215.52 of the
penal law; bail jumping in the second  degree,  as  defined  in  section
215.56 of the penal law; bail jumping in the first degree, as defined in
section  215.57 of the penal law; patronizing a prostitute in the second
degree, as defined in section 230.05 of the  penal  law;  patronizing  a
prostitute  in  the  first  degree,  as defined in section 230.06 of the
penal law; promoting prostitution in the second degree,  as  defined  in
section  230.30  of  the  penal law; promoting prostitution in the first
degree, as defined in section 230.32 of the penal law; compelling  pros-
titution,  as  defined in section 230.33 of the penal law; disseminating
indecent [materials] MATERIAL to minors in the second degree, as defined

A. 3838                            14

in section 235.21 of the penal law; disseminating  indecent  [materials]
MATERIAL  to minors in the first degree, as defined in section 235.22 of
the penal law; riot in the first degree, as defined in section 240.06 of
the  penal  law;  criminal  anarchy, as defined in section 240.15 of the
penal law; aggravated harassment of an employee by an inmate, as defined
in section 240.32 of the penal law; unlawful surveillance in the  second
degree, as defined in section 250.45 of the penal law; unlawful surveil-
lance  in  the  first  degree, as defined in section 250.50 of the penal
law; endangering the welfare of  a  vulnerable  elderly  person,  OR  AN
INCOMPETENT  OR  PHYSICALLY  DISABLED  PERSON  in  the second degree, as
defined in section 260.32 of the penal law; endangering the welfare of a
vulnerable elderly person, OR  AN  INCOMPETENT  OR  PHYSICALLY  DISABLED
PERSON  in  the  first degree, as defined in section 260.34 of the penal
law; 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;  criminal
possession of a weapon in the third degree, as defined in section 265.02
of  the  penal  law;  criminal sale of a firearm in the third degree, as
defined in section 265.11 of the penal law; criminal sale of  a  firearm
to  a  minor,  as  defined  in section 265.16 of the penal law; unlawful
wearing of a body vest, as defined in section 270.20 of the  penal  law;
hate  crimes as defined in section 485.05 of the penal law; and crime of
terrorism, as defined in section 490.25 of the penal law; or
  S 13. This act shall take effect immediately.