Assembly Bill A2838

2009-2010 Legislative Session

Establishes the crime of unlawful sale of personal identifying information

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2009-A2838 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง190.87, 190.88 & 190.89, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A6529

2009-A2838 (ACTIVE) - Summary

Establishes the crimes of unlawful sale of personal identifying information.

2009-A2838 (ACTIVE) - Bill Text download pdf 

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

                                  2838

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A.  KOLB, OAKS, ERRIGO, BURLING, WALKER, GIGLIO,
  McKEVITT -- Multi-Sponsored by -- M. of A.  AMEDORE,  BACALLES,  BALL,
  BARCLAY,  CONTE,  CROUCH, P. LOPEZ, REILICH, TOWNSEND -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crime  of
  unlawful sale of personal identifying information

  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  three  new  sections
190.87, 190.88 and 190.89 to read as follows:
S 190.87 PERSONAL IDENTIFYING INFORMATION; DEFINITION.
  FOR  THE  PURPOSES  OF SECTIONS 190.88 AND 190.89 OF THIS ARTICLE, THE
TERM "PERSONAL IDENTIFYING INFORMATION" INCLUDES  A  BIRTH  CERTIFICATE,
CHECKING ACCOUNT NUMBERS, CREDIT CARD NUMBERS, DEBIT CARD NUMBERS, DRIV-
ERS  LICENSE  NUMBERS, PASSPORT NUMBERS, PERSONAL IDENTIFICATION NUMBERS
(PIN), SAVINGS ACCOUNT NUMBERS, SOCIAL SECURITY  NUMBERS,  AND  TAXPAYER
IDENTIFICATION NUMBERS.
S 190.88 UNLAWFUL SALE OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND
           DEGREE.
  A  PERSON  IS GUILTY OF UNLAWFUL SALE OF PERSONAL IDENTIFYING INFORMA-
TION IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY SELLS  OR  OFFERS  TO
SELL A PERSON'S PERSONAL IDENTIFYING INFORMATION.
  UNLAWFUL SALE OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE
IS A CLASS E FELONY.
S  190.89 UNLAWFUL SALE OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST
            DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL SALE OF PERSONAL  IDENTIFYING  INFORMA-
TION IN THE FIRST DEGREE WHEN:
  1.  HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE YEARS
OF UNLAWFUL SALE OF  PERSONAL  IDENTIFYING  INFORMATION  IN  THE  SECOND
DEGREE AS DEFINED IN SECTION 190.88 OF THIS ARTICLE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03730-01-9

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