senate Bill S6826

Amended

Enhances the criminal classifications for identity theft and related crimes

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Sponsor

Bill Status


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

  • 14 / Mar / 2014
    • REFERRED TO CODES
  • 21 / May / 2014
    • AMEND AND RECOMMIT TO CODES
  • 21 / May / 2014
    • PRINT NUMBER 6826A
  • 27 / May / 2014
    • AMEND AND RECOMMIT TO CODES
  • 27 / May / 2014
    • PRINT NUMBER 6826B
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1346
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES

Summary

Enhances the criminal classifications for identity theft and related crimes.

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Bill Details

See Assembly Version of this Bill:
A9325
Versions:
S6826
S6826A
S6826B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง190.78 - 190.80, 190.85, 190.86, 190.80-a, 190.81 & 190.82, Pen L

Sponsor Memo

BILL NUMBER:S6826

TITLE OF BILL: An act to amend the penal law, in relation to identity
theft and related crimes

PURPOSE: This bill enhances the criminal classifications for identity
theft and related crimes.

SUMMARY OF PROVISIONS:

Section one amends subdivision 2 of section 190.78 of the penal law to
change the crime of identity theft in the third degree from being a
class A misdemeanor to a class E felony.

Section 2 amends the closing paragraph of section 190.79 of the penal
law to change the crime of identity theft in the second degree from
being a class E felony to a class D felony.

Section 3 amends the closing paragraph of section 190.80 of the penal
law to change the crime of identity theft in the first degree from
being a class D felony to a class C felony.

Section 4 amends the closing paragraph of section 190.85 of the penal
to change the crime of unlawful possession of a skimmer device from an
A misdemeanor to a class E felony.

Section 5 amends the second undesignated paragraph of section 190.86
of the penal to change the crime of unlawful possession of a skimmer
device from a class E felony to a class D felony.

Section 6 amends the closing paragraph of section 190.80-a of the
penal to change the crime of aggravated identity theft from a class D
felony to a class C felony.

Section 7 amends the second undesignated paragraph of section 190.81
of the penal law to change the crime of unlawful possession of
personal identification information in the third degree from a class A
misdemeanor to a class E felony.

Section 8 amends the second undesignated paragraph of section 190.82
of the penal law to change the crime of unlawful possession of
personal identification information in the second degree from a class
E felony to a class D felony,

Section 9 provides that this act shall take effect on the first of
November after it shall have become law and shall apply only to
offenses committed after such a date.

JUSTIFICATION: The last six months has had the news media filled with
stories of data breaches in data security surrounding some of our most
famous retailers such as Target and Neiman Marcus. In the case of the
Target data breach it is estimated that the breach affected almost 110
million customers of the retail chain and apart from the devastating
effects the breach has had on customers the breach has cost Target $17
million and has caused customers to steer clear of the chain as the
company's net earnings were down 46%. According to data compiled by
the Consumer Bankers Association and the Credit Union National


Association the cost of replacing credit and debit cards impacted by
the breach costs around $200 million. According to the most recent
reports the Neiman Marcus breach affected about 350,000 customers and
of that 9,200 of the cards that have been compromised are believed to
have been used fraudulently since the breach occurred. The impact on
the customers affected, the stores involved and the financial
institutions that issue the cards is enormous and identity theft and
credit card fraud is a lucrative business. The penalties faced by
those individuals brazen enough to commit such crimes must be
increased so that the punishment adequately fits the crime.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: First of November after it shall become law and shall
apply to all offenses thereafter.

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

                                  6826

                            I N  S E N A T E

                             March 14, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 identity theft and related
  crimes

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

  Section  1. Subdivision 2 of section 190.78 of the penal law, as added
by chapter 619 of the laws of 2002, is amended to read as follows:
  2. commits a class [A misdemeanor] E FELONY or higher level crime.
  S 2. The closing paragraph of section 190.79  of  the  penal  law,  as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Identity theft in the second degree is a class [E] D felony.
  S  3.  The  closing  paragraph  of section 190.80 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Identity theft in the first degree is a class [D] C felony.
  S 4. The closing paragraph of section 190.85  of  the  penal  law,  as
added by chapter 279 of the laws of 2008, is amended to read as follows:
  Unlawful  possession  of  a  skimmer  device in the second degree is a
class [A misdemeanor] E FELONY.
  S 5. The second undesignated paragraph of section 190.86 of the  penal
law,  as added by chapter 279 of the laws of 2008, is amended to read as
follows:
  Unlawful possession of a skimmer device in the first degree is a class
[E] D felony.
  S 6. The closing paragraph of section 190.80-a of the  penal  law,  as
added by chapter 226 of the laws of 2008, is amended to read as follows:
  Aggravated identity theft is a class [D] C felony.
  S  7. The second undesignated paragraph of section 190.81 of the penal
law, as added by chapter 619 of the laws of 2002, is amended to read  as
follows:
  Unlawful  possession  of  personal  identification  information in the
third degree is a class [A misdemeanor] E FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14419-02-4

S. 6826                             2

  S 8. The second undesignated paragraph of section 190.82 of the  penal
law,  as added by chapter 619 of the laws of 2002, is amended to read as
follows:
  Unlawful  possession  of  personal  identification  information in the
second degree is a class [E] D felony.
  S 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall apply only to
offenses committed on or after such date.

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