Assembly Bill A3042

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

                                  3042

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. KOLB, REILICH, FINCH, REILLY, OAKS, O'MARA, ERRI-
  GO,  BALL -- Multi-Sponsored by -- M. of A. ALFANO, AMEDORE, BACALLES,
  BARCLAY, BURLING, BUTLER, CALHOUN, CHRISTENSEN, COLTON, CONTE, CROUCH,
  DUPREY, FIELDS, GIGLIO, HAWLEY, HAYES, JEFFRIES, P. LOPEZ,  MAYERSOHN,
  McDONOUGH, McKEVITT, MOLINARO, QUINN, RABBITT, RAIA, SALADINO, SAYWARD
  -- read once and referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to establishing the crime of
  unlawful purchase or sale of a social security account number

  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 190.87
and 190.88 to read as follows:
S 190.87 UNLAWFUL PURCHASE OR SALE OF A SOCIAL SECURITY  ACCOUNT  NUMBER
           IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF UNLAWFUL PURCHASE OR SALE OF A SOCIAL SECURITY
ACCOUNT NUMBER IN THE SECOND DEGREE WHEN HE OR SHE SELLS  OR  OFFERS  TO
SELL  OR  HE  OR  SHE  PURCHASES  OR OFFERS TO PURCHASE ANOTHER PERSON'S
SOCIAL SECURITY ACCOUNT NUMBER AND:
  1. HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH ACCOUNT  NUMBER
IS INTENDED TO BE USED TO DEFRAUD, DECEIVE OR INJURE ANOTHER; OR
  2.  HE  OR  SHE  KNOWS  OR REASONABLY SHOULD KNOW THAT THE USE OF SUCH
ACCOUNT NUMBER WOULD CONSTITUTE A VIOLATION OF THIS CHAPTER.
  UNLAWFUL PURCHASE OR SALE OF A SOCIAL SECURITY ACCOUNT NUMBER  IN  THE
SECOND DEGREE IS A CLASS E FELONY.
S 190.88 UNLAWFUL  PURCHASE  OR SALE OF A SOCIAL SECURITY ACCOUNT NUMBER
           IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL PURCHASE OR SALE OF A  SOCIAL  SECURITY
ACCOUNT NUMBER IN THE FIRST DEGREE WHEN:
  1.  HE  OR  SHE  COMMITS  THE  CRIME OF UNLAWFUL PURCHASE OR SALE OF A
SOCIAL SECURITY ACCOUNT NUMBER IN THE SECOND DEGREE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00679-02-9

              

A. 3042                             2

  (A) HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE YEARS
OF UNLAWFUL PURCHASE OR SALE OF A SOCIAL SECURITY ACCOUNT NUMBER IN  THE
SECOND DEGREE AS DEFINED IN SECTION 190.87 OF THIS ARTICLE; OR
  (B) HE OR SHE KNOWINGLY SELLS OR OFFERS TO SELL OR PURCHASES OR OFFERS
TO PURCHASE FIFTY OR MORE PERSONS' SOCIAL SECURITY ACCOUNT NUMBERS; OR
  2.  WITH INTENT TO FURTHER THE COMMISSION OF UNLAWFUL PURCHASE OR SALE
OF A SOCIAL SECURITY ACCOUNT NUMBER IN THE  SECOND  DEGREE,  HE  OR  SHE
SUPERVISES MORE THAN THREE ACCOMPLICES.
  UNLAWFUL  PURCHASE  OR SALE OF A SOCIAL SECURITY ACCOUNT NUMBER 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.