NY State Senate Bill 2011-S3128

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2011	referred to codes

2011-S3128 (ACTIVE) - Details

See Assembly Version of this Bill:: A4916
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §190.80, Pen L
Versions Introduced in 2009-2010 Legislative Session:: S4332, A2449

2011-S3128 (ACTIVE) - Summary

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

2011-S3128 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3128

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.

2011-S3128 (ACTIVE) - Bill Text download pdf

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

    S. 3128                                                  A. 4916

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 9, 2011
                               ___________

IN  SENATE -- Introduced by Sen. KRUGER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. REILLY -- read once  and  referred
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06657-01-1

S. 3128                             2                            A. 4916

  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.

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Senate Bill S3128

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Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2011-S3128 (ACTIVE) - Details

2011-S3128 (ACTIVE) - Summary

2011-S3128 (ACTIVE) - Sponsor Memo

2011-S3128 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2011-S3128 (ACTIVE) - Details

2011-S3128 (ACTIVE) - Summary

2011-S3128 (ACTIVE) - Sponsor Memo

2011-S3128 (ACTIVE) - Bill Text download pdf

Comments