NY State Senate Bill 2009-S4332

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 22, 2009	referred to codes

2009-S4332 (ACTIVE) - Details

See Assembly Version of this Bill:: A2449
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §190.80, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S3128, A4916

2009-S4332 (ACTIVE) - Summary

Makes identity theft against a person age sixty-five or older a class D felony.

2009-S4332 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4332

 TITLE OF BILL :

An act to amend the penal law, in relation to making identity theft
against a person age sixty-five or older a class D felony


 PURPOSE :

This bill creates increased penalties for those who commit the crime
of identity theft against senior citizens.

 SUMMARY OF PROVISIONS :

Section 1 -- Adds a new subparagraph 5 to section 190.80 of the Penal
Law This new subparagraph establishes a class D felony for those who
obtain goods, money, property or services or uses the credit in the
name of a person age sixty-five or older or causes financial loss to a
person age sixty-five or older;

Section 2 -- This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

 EXISTING LAW :

Currently, a violation of identity theft is divided into three
degrees, with no aggravating factors based on the age of the victim.

 JUSTIFICATION :

According to a national survey conducted by the Federal Trade
Commission (FTC), the number of identity theft victims in 2002
approached 10 million, including 663,300 New Yorkers. In February, the
Federal Identity Theft Data Clearinghouse reported that 38 percent of
all fraud claims in 2004 related to identity theft, and New York State
ranked seventh in the nation in per-capita identity theft reports.

Victims may not find out that they have had their identity stolen
until they are contacted by a debt collector, or review their credit
report(s) or a credit card statement and notice charges that they
didn't make.  Identity theft is serious crime and seniors are
especially vulnerable to identity theft, often due in part to health
problems, isolation, and due in some measure to their alienation from
the technological/informational flow with which personal financial
records are inextricably linked.

Thieves also target seniors as they tend to be more financially
solvent than younger age groups, and are often more apt, through
action or inaction, to reveal personally identifiable information.
Also, as seniors are often less connected to the Internet or apt to
periodically review their credit reports with the major credit
reporting agencies, the victims of such crimes often don't know that
the crime has been committed until much later, if at all, and may not
know to whom to report it to.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL 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.

2009-S4332 (ACTIVE) - Bill Text download pdf

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

                                  4332

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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  making  identity  theft
  against a person age sixty-five or older a class D felony

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

  Section 1. Subdivision 4 of  section  190.80  of  the  penal  law,  as
amended  by chapter 279 of the laws of 2008, is amended and a new subdi-
vision 5 is added to read as follows:
  4. commits the crime of identity theft in the second degree as defined
in section 190.79 of this article  and  has  been  previously  convicted
within  the  last  five  years  of identity theft in the third degree as
defined in section 190.78,  identity  theft  in  the  second  degree  as
defined in section 190.79, identity theft in the first degree as defined
in this section, unlawful possession of personal identification informa-
tion  in  the  third  degree  as  defined  in  section  190.81, unlawful
possession of personal identification information in the  second  degree
as  defined in section 190.82, unlawful possession of personal identifi-
cation information in the first degree as  defined  in  section  190.83,
unlawful  possession of a skimmer device in the second degree as defined
in section 190.85, unlawful possession of a skimmer device in the  first
degree  as defined in section 190.86, 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 of this chapter[.]; OR
  5. OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES  CREDIT  IN  THE
NAME  OF  A PERSON AGE SIXTY-FIVE OR OLDER OR CAUSES FINANCIAL LOSS TO A
PERSON AGE SIXTY-FIVE OR OLDER.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03739-01-9

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Senate Bill S4332

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S4332 (ACTIVE) - Details

2009-S4332 (ACTIVE) - Summary

2009-S4332 (ACTIVE) - Sponsor Memo

2009-S4332 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4332

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S4332 (ACTIVE) - Details

2009-S4332 (ACTIVE) - Summary

2009-S4332 (ACTIVE) - Sponsor Memo

2009-S4332 (ACTIVE) - Bill Text download pdf

Comments