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Assembly Bill A1869

2009-2010 Legislative Session

Establishes the crime of unlawful possession of an identity scanning device

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Archive: Last Bill Status - In Assembly Committee

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2009-A1869 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §190.87, Pen L

2009-A1869 (ACTIVE) - Summary

Establishes the crime of unlawful possession of an identity scanning device; defines "identity scanning device" as a device that can access a person's financial services account number or code and other personal information; makes such unlawful possession a class E felony.

2009-A1869 (ACTIVE) - Bill Text download pdf 

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

                                  1869

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced by M. of A. PHEFFER, COLTON, PERALTA, DINOWITZ, REILLY, BENE-
  DETTO,  GALEF,  CARROZZA  --  Multi-Sponsored  by  -- M. of A. MAISEL,
  PEOPLES, SCARBOROUGH -- read once and referred  to  the  Committee  on
  Codes

AN  ACT to amend the penal law, in relation to establishing the crime of
  unlawful possession of an identity scanning 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 190.87 to
read as follows:
S 190.87 UNLAWFUL POSSESSION OF AN IDENTITY SCANNING DEVICE.
  A PERSON IS GUILTY OF UNLAWFUL  POSSESSION  OF  AN  IDENTITY  SCANNING
DEVICE  WHEN  HE  OR SHE POSSESSES ANY TOOL, INSTRUMENT OR OTHER ARTICLE
ADAPTED, DESIGNED  OR  COMMONLY  USED  FOR  COMMITTING  OR  FACILITATING
OFFENSES  INVOLVING  ACCESSING  A  PERSON'S  FINANCIAL  SERVICES ACCOUNT
NUMBER OR CODE, SAVINGS ACCOUNT NUMBER OR CODE, CHECKING ACCOUNT  NUMBER
OR CODE, BROKERAGE ACCOUNT NUMBER OR CODE, CREDIT CARD ACCOUNT NUMBER OR
CODE,  DEBIT  CARD  NUMBER  OR  CODE, AUTOMATED TELLER MACHINE NUMBER OR
CODE, PERSONAL IDENTIFICATION NUMBER,  MOTHER'S  MAIDEN  NAME,  COMPUTER
SYSTEM PASSWORD, ELECTRONIC SIGNATURE OR UNIQUE BIOMETRIC DATA THAT IS A
FINGERPRINT,  VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE OF ANOTHER PERSON
UNDER CIRCUMSTANCES EVINCING AN INTENT TO USE  OR  KNOWLEDGE  THAT  SOME
PERSON  INTENDS  TO  USE  THE  SAME  IN  THE COMMISSION OF AN OFFENSE IN
VIOLATION OF SECTION 190.78, 190.79, 190.80, 190.81, 190.82 OR 190.83 OF
THIS ARTICLE.
  UNLAWFUL POSSESSION OF AN IDENTITY SCANNING DEVICE IS A CLASS E  FELO-
NY.
  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.
                                                           LBD05322-01-9

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