S T A T E O F N E W Y O R K
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6529
2011-2012 Regular Sessions
I N A S S E M B L Y
March 21, 2011
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Introduced by M. of A. KOLB, OAKS, BURLING, GIGLIO, McKEVITT -- Multi-
Sponsored by -- M. of A. AMEDORE, BARCLAY, CONTE, CROUCH, JORDAN,
P. LOPEZ, REILICH -- 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.
LBD05198-01-1
A. 6529 2
2. HE OR SHE KNOWINGLY SELLS OR OFFERS TO SELL FIFTY OR MORE PERSONS'
PERSONAL IDENTIFYING INFORMATION; OR
3. WITH INTENT TO FURTHER THE COMMISSION OF UNLAWFUL SALE OF PERSONAL
IDENTIFYING INFORMATION IN THE SECOND DEGREE, HE OR SHE SUPERVISES MORE
THAN THREE ACCOMPLICES.
UNLAWFUL SALE OF PERSONAL IDENTIFYING INFORMATION 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.