NY State Senate Bill 2009-S4711

Senate Bill S4711

2009-2010 Legislative Session

Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 27, 2009	referred to codes

2009-S4711 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§190.77, 190.80, 190.81 & 190.82, Pen L

2009-S4711 (ACTIVE) - Summary

Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft.

2009-S4711 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4711

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

 PURPOSE: :  This bill seeks to clarify the personal identifying
information and what acts constitute the offense of identity theft.

 SUMMARY OF SPECIFIC PROVISIONS :  Section one of this bill would
amend the penal law to define the list of biometric personal
identification information as any data that captures or enables the
reproduction of unique physical attributes of another person.

Section two of this bill would amend the penal law to expand the
criminal use of personal identifying information to the intent to sell
or distribute such information; and, expand the scope of offenses
which constitute the crime of identity theft in the second degree.

Section three of this bill would amend the penal law by further
defining the list of biometric personal identification information as
any data that captures or enables the reproduction of unique physical
attributes of another person for the offenses of unlawful possession
of personal identification information in the third degree.

Section four of this bill would amend the penal law by further
defining the list of biometric personal identification information as

any data that captures or enables the reproduction of unique physical
attributes of another person for the offenses of unlawful possession
of personal identification information in the second degree.

 JUSTIFICATION: :  According to the United States General Accounting
Office Report on Identity Theft, the FTC Identity Theft Data
Clearinghouse received a weekly average of 3,000 answered calls.

New York State is listed only behind California as the leading state
for identity theft complaints. The United States Public interest
Research Group estimated that banks lose approximately $100 million
annually due to identity theft, and that number continues to grow.

The "big three" consumer credit reporting agencies report that they
receive hundreds of calls every day from identity theft victims. Some
courts view the banks and other entities that issue credit as the only
victims in these cases.

Unfortunately, consumers who have been left with damaged reputations,
bad credit reports and the resource-consuming task of trying to
correct the false credit record information, are also victims.

This legislation seeks to enhance the existing law by expanding the
scope of criminal offenses relating to identity theft by including any
such data that captures or enables the reproduction of unique physical
attributes of another person. In this new era of technological
marvels, every day provides for advances across many technological
fronts. However, with the advance of different and new technologies
comes the increased possibility that individuals will utilize the
various advances for nefarious purposes.

Residents of New York deserve the greatest level of protection
possible against the ever evolving technologies criminals will
utilize. This bill seeks to take constructive steps to provide that
protection.

 PRIOR LEGISLATIVE HISTORY: :  2006 - S.7211A - Passed Senate; 2008 -
S3653 - Referred to Standing Committee on Codes.

 FISCAL IMPLICATIONS :  None Noted.
 EFFECTIVE DATE: :  This act would take effect immediately.

2009-S4711 (ACTIVE) - Bill Text download pdf

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

                                  4711

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- 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

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

  Section  1. Subdivision 1 of section 190.77 of the penal law, as sepa-
ratly amended by chapters 226 and 279 of the laws of 2008, is amended to
read as follows:
  1. For the purposes of sections 190.78, 190.79,  190.80  and  190.80-a
and  190.85  of  this article "personal identifying information" means a
person's name,  address,  telephone  number,  date  of  birth,  driver's
license  number,  social  security number, place of employment, mother's
maiden name, 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,  taxpayer  identification
number,  computer  system  password,  signature  or copy of a signature,
electronic signature, unique biometric data that is a fingerprint, voice
print, retinal image or iris image of another person OR OTHER  BIOMETRIC
FEATURE  THAT  CAPTURES  OR  ENABLES THE REPRODUCTION OF UNIQUE PHYSICAL
ATTRIBUTES OF ANOTHER PERSON,  telephone  calling  card  number,  mobile
identification  number  or  code,  electronic  serial number or personal
identification number, or any other name, number,  code  or  information
that  may be used alone or in conjunction with other such information to
assume the identity of another person.
  S 2. Section 190.80 of the penal law, as added by chapter 619  of  the
laws  of  2002,  subdivision  4 as amended by chapter 279 of the laws of
2008, is amended to read as follows:
S 190.80 Identity theft in the first degree.
  A person is guilty of identity theft in the first degree  when  he  or
she knowingly and with intent to defraud assumes the identity of another

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00376-02-9

S. 4711                             2

person  by  presenting  himself  or  herself as that other person, or by
acting as that other person or by using personal identifying information
of that other person, and thereby:
  1.  obtains  goods,  money, property or services or uses credit in the
name of such other person in an aggregate amount that exceeds two  thou-
sand dollars; or
  2.  causes  financial  loss  to  such  person  or to another person or
persons in an aggregate amount that exceeds two thousand dollars; or
  3. commits or attempts to commit a class  D  felony  or  higher  level
crime  or  acts as an accessory in the commission of a class D or higher
level felony; or
  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. AVOIDS A SUMMONS, ARREST  OR  PROSECUTION  OR  IMPEDES  A  CRIMINAL
INVESTIGATION.
  Identity theft in the first degree is a class D felony.
  S  3.  Section 190.81 of the penal law, as added by chapter 619 of the
laws of 2002, is amended to read as follows:
S 190.81 Unlawful possession of personal identification  information  in
           the third degree.
  A  person  is guilty of unlawful possession of personal identification
information in the third degree when he or  she  knowingly  possesses  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 OR OTHER BIOMETRIC FEATURE
THAT CAPTURES OR ENABLES THE REPRODUCTION OF UNIQUE PHYSICAL  ATTRIBUTES
OF  ANOTHER  PERSON  knowing  such information is intended to be used in
furtherance of the commission of a crime defined in this chapter.
  Unlawful possession of  personal  identification  information  in  the
third degree is a class A misdemeanor.
  S  4.  Section 190.82 of the penal law, as added by chapter 619 of the
laws of 2002, is amended to read as follows:
S 190.82 Unlawful possession of personal identification  information  in
           the second degree.
  A  person  is guilty of unlawful possession of personal identification
information in the second degree when he or she knowingly possesses  two
hundred  fifty  or  more items of personal identification information of

S. 4711                             3

the following nature: 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 fing-
erprint, voice print, retinal image or iris image of another  person  OR
OTHER  BIOMETRIC  FEATURE  THAT  CAPTURES OR ENABLES THE REPRODUCTION OF
UNIQUE PHYSICAL ATTRIBUTES OF ANOTHER PERSON knowing such information is
intended to be used in furtherance of the commission of a crime  defined
in this chapter.
  Unlawful  possession  of  personal  identification  information in the
second degree is a class E felony.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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