senate Bill S2927A

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

Versions:
S2927
S2927A
S2927B
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง165.21, 165.22, 165.23 & 165.24, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6954B

Sponsor Memo

BILL NUMBER:S2927A

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 crimes as either a class A misdemeanor, a class E
felony, or a class D felony. These new crimes 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 in the third
degree is categorized as a class A misdemeanor, criminal practices
with an access device in the second degree is categorized as a class E
felony, and criminal practices with an access device in the third
degree is categorized as a class D felony.

Section Two is the effective date.

JUSTIFICATION:

According to the Federal Bureau of Investigation, organized 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
importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. And for every item stolen, New York
State and local governments lose out on sales tax revenue - again,
adding up to millions annually. 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. Retailers are forced to
offset these significant costs through higher prices - meaning that
honest consumers are forced to endure the impact of organized 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--A
    Cal. No. 213

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens. ZELDIN, MAZIARZ, RANZENHOFER, SAVINO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Codes -- reported favorably from said committee  and  committed  to
  the  Committee  on Consumer Protection -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

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  four  new  sections
165.21, 165.22, 165.23 and 165.24 to read as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE; DEFINITIONS.
  FOR  THE  PURPOSES OF SECTIONS 165.22, 165.23 AND 165.24 OF THIS ARTI-
CLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "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);
  2. "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;
  3. "UNAUTHORIZED ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE  THAT  IS
LOST,  STOLEN,  EXPIRED,  REVOKED,  CANCELED, OR OBTAINED WITH INTENT TO
DEFRAUD;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01051-02-3

S. 2927--A                          2

  4. "PRODUCE" SHALL MEAN DESIGN,  ALTER,  AUTHENTICATE,  DUPLICATE,  OR
ASSEMBLE;
  5.  "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;
  6. "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;
  7. "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.
S 165.22 CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE
THIRD DEGREE WHEN HE OR SHE KNOWINGLY OR WITH  THE  INTENT  TO  DEFRAUD,
PRODUCES, USES OR TRAFFICS IN ONE OR MORE COUNTERFEIT ACCESS DEVICE.
  CRIMINAL  PRACTICES  WITH  AN  ACCESS  DEVICE IN THE THIRD DEGREE IS A
CLASS A MISDEMEANOR.
S 165.23 CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN  THE
SECOND DEGREE WHEN HE OR SHE:
  1.  KNOWINGLY  AND WITH THE 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
  2. KNOWINGLY AND WITH INTENT TO  DEFRAUD  POSSESSES  FIFTEEN  OR  MORE
DEVICES WHICH ARE COUNTERFEIT OR UNAUTHORIZED ACCESS DEVICES; OR
  3.  KNOWINGLY  AND  WITH  INTENT TO DEFRAUD PRODUCES, TRAFFICS IN, HAS
CONTROL OR CUSTODY OF, OR POSSESSES DEVICE-MAKING EQUIPMENT.
  CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE  SECOND  DEGREE  IS  A
CLASS E FELONY.
S 165.23 CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN THE
FIRST DEGREE WHEN HE OR SHE:
  1. 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
  2. WITHOUT THE AUTHORIZATION OF THE ISSUER OF THE ACCESS DEVICE  KNOW-
INGLY AND WITH INTENT TO DEFRAUD SOLICITS A PERSON FOR THE PURPOSE OF:
  (A) OFFERING AN ACCESS DEVICE; OR
  (B)  SELLING  INFORMATION  REGARDING  OR  AN  APPLICATION TO OBTAIN AN
ACCESS DEVICE.
  CRIMINAL PRACTICES WITH AN ACCESS DEVICE IN  THE  FIRST  DEGREE  IS  A
CLASS D FELONY.
  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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