senate Bill S2927

Amended

Creates the crime of criminal practices with an access device

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 25 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Mar / 2013
    • REPORTED AND COMMITTED TO CONSUMER PROTECTION
  • 18 / Mar / 2013
    • 1ST REPORT CAL.213
  • 19 / Mar / 2013
    • 2ND REPORT CAL.
  • 20 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 15 / Apr / 2013
    • AMENDED ON THIRD READING 2927A
  • 22 / Apr / 2013
    • PASSED SENATE
  • 22 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / Apr / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 09 / Jan / 2014
    • PRINT NUMBER 2927B

Summary

Creates the crime of criminal practices with an access device.

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Bill Details

See Assembly Version of this Bill:
A4273
Versions:
S2927
S2927A
S2927B
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง165.21, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6954B, A10324A

Votes

Sponsor Memo

BILL NUMBER:S2927

TITLE OF BILL: An act to amend the penal law, in relation to creating
the crime of criminal practices with an access device

PURPOSE OR GENERAL IDEA OF BILL: This bill prohibits criminal practices
with an access device and classifies such crime as a class B misdemea-
nor. This crime would subject individuals to criminal liability for
certain actions taken with a fraudulent or counterfeit credit card or
other devices that grant the holder access to money, goods, or services.

SUMMARY OF PROVISIONS:

Section One amends the penal law by adding a new section 165.21 which
defines criminal practices with an access device. For purposes of this
section, an "access device" shall mean any card, service, number,
instrument, service or any means of account access that can be used
alone or in conjunction with another device to obtain money, goods,
services, or anything of value or a transfer of funds; a "counterfeit
access device" shall mean any access device that is not an authentic
access device; an "unauthorized access device" shall mean any access
device that is lost, stolen, expired, revoked, canceled, or obtained
with intent to defraud; and "device making equipment" shall mean any
equipment, mechanism, or impression designed or primarily used for
making an access device or a counterfeit access device.

The crime of criminal practices with an access device is categorized as
a class B misdemeanor under the penal law. A person is guilty of this
crime when they knowingly and with the intent to defraud: produces,
uses or traffics one or more counterfeit access devices; uses one or
more unauthorized access device and obtains anything of value exceeding
one thousand dollars in the aggregate over a period of one year;
possesses fifteen or more counterfeit or unauthorized access devices;
has control, custody, or possesses device making equipment; effects
transactions with one or more access devices issued to another person or
persons without such person's consent and with intent to receive payment
or any other thing of value during a one year period with an aggregate
value equal or greater to one thousand dollars; or solicits a person to
offer an access device for the purpose of selling information regarding
an access device or an application to obtain an access device.

Section Two is the effective date.

JUSTIFICATION: According to the Federal Bureau of Investigation, organ-
ized retail theft is a crime that costs United States retailers about
$30 billion per year. Organized retail crime comprises a wide spectrum
of high-volume and highly organized theft rings that cost New York
retailers hundreds of millions of dollars annually and, more important-
ly, compromise the health, safety, and welfare of unsuspecting New York
consumers. And for every item stolen, New York State and local govern-
ments lose out on sales tax revenue - again, adding up to millions annu-

ally. Organized retail theft is the most serious security issue facing
many retail merchants, including apparel and accessory retailers, mass
merchandisers, do-it-yourself stores, drug stores, and supermarkets.
It's a crime that has grown substantially over the past decade, with the
emergence of organized criminal theft at an unprecedented level. Retail-
ers are forced to offset these significant costs through higher prices -
meaning that honest consumers are forced to endure the impact of organ-
ized retail theft, and professional shoplifters.

One of the ways that criminals commit these offenses is through the use
of counterfeit or fraudulently obtained credit cards, account numbers,
gift cards, or other means that grant access to funds or things of
value. In addition to harming retailers, these offenses also harm other
consumers when their account numbers are stolen. This bill seeks to
crack down on these criminals by penalizing them when they knowingly and
with the intent to defraud engage in transactions that rise to the level
of organized retail theft. An offense in violation of this section could
include possession of a counterfeit or unauthorized access devices, sale
of access device information, producing or trafficking access devices,
as well as certain unauthorized uses of an access device. Criminalizing
these acts deters individuals or members of crime rings from using
access devices fraudulently.

LEGISLATIVE HISTORY: S.6954B of 2012 passed in the Senate/A.10324A
referred to Codes

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

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

                                  2927

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens. ZELDIN, MAZIARZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend 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:

  Section 1. The penal law is amended by adding a new section 165.21  to
read as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE.
  1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ACCESS DEVICE" SHALL MEAN ANY CARD, INCLUDING GIFT  CARD,  PLATE,
CODE,  INCLUDING  UNIVERSAL PRICE CODE LABEL, ACCOUNT NUMBER, ELECTRONIC
SERIAL NUMBER, MOBILE  IDENTIFICATION  NUMBER,  PERSONAL  IDENTIFICATION
NUMBER,  OR  OTHER  TELECOMMUNICATIONS SERVICE, EQUIPMENT, OR INSTRUMENT
IDENTIFIER, INCLUDING A RADIO FREQUENCY IDENTIFICATION  TRANSPONDER,  OR
OTHER  MEANS OF ACCOUNT ACCESS THAT CAN BE USED, ALONE OR IN CONJUNCTION
WITH ANOTHER ACCESS DEVICE, TO OBTAIN MONEY,  GOODS,  SERVICES,  OR  ANY
OTHER  THING  OF  VALUE,  OR  THAT CAN BE USED TO INITIATE A TRANSFER OF
FUNDS (OTHER THAN A TRANSFER ORIGINATED SOLELY BY PAPER INSTRUMENT);
  (B) "COUNTERFEIT ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE  THAT  IS
COUNTERFEIT,  FICTITIOUS,  ALTERED, OR FORGED, OR AN IDENTIFIABLE COMPO-
NENT OF AN ACCESS DEVICE OR A COUNTERFEIT ACCESS DEVICE;
  (C) "UNAUTHORIZED ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT  IS
LOST,  STOLEN,  EXPIRED,  REVOKED,  CANCELED, OR OBTAINED WITH INTENT TO
DEFRAUD;
  (D) "PRODUCE" SHALL MEAN DESIGN, ALTER,  AUTHENTICATE,  DUPLICATE,  OR
ASSEMBLE;
  (E) "TRAFFIC" SHALL MEAN TRANSFER, OR OTHERWISE DISPOSE OF, TO ANOTHER
IN A FRAUDULENT MANNER, OR OBTAIN CONTROL OF WITH INTENT TO FRAUDULENTLY
TRANSFER OR DISPOSE OF;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01051-01-3

S. 2927                             2

  (F)  "DEVICE-MAKING EQUIPMENT" SHALL MEAN ANY EQUIPMENT, MECHANISM, OR
IMPRESSION DESIGNED OR PRIMARILY USED FOR MAKING AN UNAUTHORIZED  ACCESS
DEVICE OR A COUNTERFEIT ACCESS DEVICE;
  (G)  "CREDIT CARD SYSTEM NUMBER" SHALL MEAN A FINANCIAL INSTITUTION OR
OTHER ENTITY THAT IS A MEMBER OF A  CREDIT  CARD  SYSTEM,  INCLUDING  AN
ENTITY,  WHETHER AFFILIATED WITH OR IDENTICAL TO THE CREDIT CARD ISSUER,
THAT IS THE SOLE MEMBER OF A CREDIT CARD SYSTEM.
  2. A PERSON IS GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE WHEN
HE OR SHE:
  (A) KNOWINGLY AND WITH INTENT TO DEFRAUD PRODUCES, USES,  OR  TRAFFICS
IN ONE OR MORE COUNTERFEIT ACCESS DEVICE; OR
  (B)  KNOWINGLY  AND  WITH INTENT TO DEFRAUD TRAFFICS IN OR USES ONE OR
MORE UNAUTHORIZED DEVICE DURING ANY ONE-YEAR PERIOD, AND BY SUCH CONDUCT
OBTAINS ANYTHING OF VALUE  AGGREGATING  ONE  THOUSAND  DOLLARS  OR  MORE
DURING THAT PERIOD; OR
  (C)  KNOWINGLY  AND  WITH  INTENT TO DEFRAUD POSSESSES FIFTEEN OR MORE
DEVICES WHICH ARE COUNTERFEIT OR UNAUTHORIZED ACCESS DEVICES; OR
  (D) KNOWINGLY AND WITH INTENT TO DEFRAUD PRODUCES,  TRAFFICS  IN,  HAS
CONTROL OR CUSTODY OF, OR POSSESSES DEVICE-MAKING EQUIPMENT; OR
  (E) KNOWINGLY AND WITH INTENT TO DEFRAUD EFFECTS TRANSACTIONS WITH ONE
OR  MORE  ACCESS  DEVICES  ISSUED  TO ANOTHER PERSON OR PERSONS AND USED
WITHOUT THE CONSENT OF SUCH PERSON, TO  RECEIVE  PAYMENT  OR  ANY  OTHER
THING  OF  VALUE DURING ANY ONE-YEAR PERIOD THE AGGREGATE VALUE OF WHICH
IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; OR
  (F) WITHOUT THE AUTHORIZATION OF THE ISSUER OF THE ACCESS DEVICE KNOW-
INGLY AND WITH INTENT TO DEFRAUD SOLICITS A PERSON FOR THE PURPOSE OF:
  (I) OFFERING AN ACCESS DEVICE; OR
  (II) SELLING INFORMATION REGARDING OR  AN  APPLICATION  TO  OBTAIN  AN
ACCESS DEVICE.
  CRIMINAL PRACTICES WITH AN ACCESS DEVICE IS A CLASS B MISDEMEANOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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