senate Bill S6954A

2011-2012 Legislative Session

Creates the crime of criminal practices with an access device

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to codes
delivered to assembly
passed senate
Jun 11, 2012 amended on third reading (t) 6954b
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.924
Apr 19, 2012 print number 6954a
amend and recommit to consumer protection
Apr 16, 2012 referred to consumer protection

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S6954 - Details

See Assembly Version of this Bill:
A10324
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §520-d, Gen Bus L; add §165.21, Pen L

S6954 - Summary

Creates the crime of criminal practices with an access device.

S6954 - Sponsor Memo

S6954 - Bill Text download pdf

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

                                  6954

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law and the penal law, in  relation
  to creating the crime of criminal practices with an access device

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

  Section 1.   The general business law  is  amended  by  adding  a  new
section 527 to read as follows:
  S 527. CRIMINAL PRACTICES WITH AN ACCESS DEVICE.  1. A PERSON IS GUIL-
TY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE WHEN HE OR SHE:
  (A)  KNOWINGLY  AND WITH INTENT TO DEFRAUD PRODUCES, USES, OR TRAFFICS
IN ONE OR MORE COUNTERFEIT ACCESS DEVICE; OR
  (B) KNOWINGLY AND WITH INTENT TO DEFRAUD TRAFFICS IN OR  USES  ONE  OR
MORE UNAUTHORIZED DEVICE DURING ANY ONE-YEAR PERIOD, AND BY SUCH CONDUCT
OBTAINS  ANYTHING  OF  VALUE  AGGREGATING  ONE  THOUSAND DOLLARS OR MORE
DURING THAT PERIOD; OR
  (C) KNOWINGLY AND WITH INTENT TO DEFRAUD  POSSESSES  FIFTEEN  OR  MORE
DEVICES WHICH ARE COUNTERFEIT OR UNAUTHORIZED ACCESS DEVICES; OR
  (D)  KNOWINGLY  AND  WITH INTENT TO DEFRAUD PRODUCES, TRAFFICS IN, HAS
CONTROL OR CUSTODY OF, OR POSSESSES DEVICE-MAKING EQUIPMENT; OR
  (E) KNOWINGLY AND WITH INTENT TO DEFRAUD EFFECTS TRANSACTIONS WITH ONE
OR MORE ACCESS DEVICES ISSUED TO ANOTHER  PERSON  OR  PERSONS  AND  USED
WITHOUT  THE  CONSENT  OF  SUCH  PERSON, TO RECEIVE PAYMENT OR ANY OTHER
THING OF VALUE DURING ANY ONE-YEAR PERIOD THE AGGREGATE VALUE  OF  WHICH
IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; OR
  (F) WITHOUT THE AUTHORIZATION OF THE ISSUER OF THE ACCESS DEVICE KNOW-
INGLY AND WITH INTENT TO DEFRAUD SOLICITS A PERSON FOR THE PURPOSE OF:
  (I) OFFERING AN ACCESS DEVICE; OR
  (II)  SELLING  INFORMATION  REGARDING  OR  AN APPLICATION TO OBTAIN AN
ACCESS DEVICE.
  2. CRIMINAL PRACTICES WITH AN ACCESS DEVICE IS A CLASS B MISDEMEANOR.
  S 2. The penal law is amended by adding a new section 165.21  to  read
as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE.

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

S6954A - Details

See Assembly Version of this Bill:
A10324
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §520-d, Gen Bus L; add §165.21, Pen L

S6954A - Summary

Creates the crime of criminal practices with an access device.

S6954A - Sponsor Memo

S6954A - Bill Text download pdf

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

                                 6954--A

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law and the penal law, in  relation
  to creating the crime of criminal practices with an access device

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

  Section 1.   The general business law  is  amended  by  adding  a  new
section 520-d to read as follows:
  S  520-D.  CRIMINAL  PRACTICES  WITH AN ACCESS DEVICE.  1. A PERSON IS
GUILTY OF CRIMINAL PRACTICES WITH AN ACCESS DEVICE WHEN HE OR SHE:
  (A) KNOWINGLY AND WITH INTENT TO DEFRAUD PRODUCES, USES,  OR  TRAFFICS
IN ONE OR MORE COUNTERFEIT ACCESS DEVICE; OR
  (B)  KNOWINGLY  AND  WITH INTENT TO DEFRAUD TRAFFICS IN OR USES ONE OR
MORE UNAUTHORIZED DEVICE DURING ANY ONE-YEAR PERIOD, AND BY SUCH CONDUCT
OBTAINS ANYTHING OF VALUE  AGGREGATING  ONE  THOUSAND  DOLLARS  OR  MORE
DURING THAT PERIOD; OR
  (C)  KNOWINGLY  AND  WITH  INTENT TO DEFRAUD POSSESSES FIFTEEN OR MORE
DEVICES WHICH ARE COUNTERFEIT OR UNAUTHORIZED ACCESS DEVICES; OR
  (D) KNOWINGLY AND WITH INTENT TO DEFRAUD PRODUCES,  TRAFFICS  IN,  HAS
CONTROL OR CUSTODY OF, OR POSSESSES DEVICE-MAKING EQUIPMENT; OR
  (E) KNOWINGLY AND WITH INTENT TO DEFRAUD EFFECTS TRANSACTIONS WITH ONE
OR  MORE  ACCESS  DEVICES  ISSUED  TO ANOTHER PERSON OR PERSONS AND USED
WITHOUT THE CONSENT OF SUCH PERSON, TO  RECEIVE  PAYMENT  OR  ANY  OTHER
THING  OF  VALUE DURING ANY ONE-YEAR PERIOD THE AGGREGATE VALUE OF WHICH
IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; OR
  (F) WITHOUT THE AUTHORIZATION OF THE ISSUER OF THE ACCESS DEVICE KNOW-
INGLY AND WITH INTENT TO DEFRAUD SOLICITS A PERSON FOR THE PURPOSE OF:
  (I) OFFERING AN ACCESS DEVICE; OR
  (II) SELLING INFORMATION REGARDING OR  AN  APPLICATION  TO  OBTAIN  AN
ACCESS DEVICE.
  2. CRIMINAL PRACTICES WITH AN ACCESS DEVICE IS A CLASS B MISDEMEANOR.
  S  2.  The penal law is amended by adding a new section 165.21 to read
as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE.

S6954B (ACTIVE) - Details

See Assembly Version of this Bill:
A10324
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §520-d, Gen Bus L; add §165.21, Pen L

S6954B (ACTIVE) - Summary

Creates the crime of criminal practices with an access device.

S6954B (ACTIVE) - Sponsor Memo

S6954B (ACTIVE) - Bill Text download pdf

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

                                 6954--B
    Cal. No. 924

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to  amend  the  penal law, in relation to creating the crime of
  criminal practices with an access 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 165.21 to
read as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "ACCESS  DEVICE" SHALL MEAN ANY CARD, INCLUDING GIFT CARD, PLATE,
CODE, INCLUDING UNIVERSAL PRICE CODE LABEL, ACCOUNT  NUMBER,  ELECTRONIC
SERIAL  NUMBER,  MOBILE  IDENTIFICATION  NUMBER, PERSONAL IDENTIFICATION
NUMBER, OR OTHER TELECOMMUNICATIONS SERVICE,  EQUIPMENT,  OR  INSTRUMENT
IDENTIFIER,  INCLUDING  A RADIO FREQUENCY IDENTIFICATION TRANSPONDER, OR
OTHER MEANS OF ACCOUNT ACCESS THAT CAN BE USED, ALONE OR IN  CONJUNCTION
WITH  ANOTHER  ACCESS  DEVICE,  TO OBTAIN MONEY, GOODS, SERVICES, OR ANY
OTHER THING OF VALUE, OR THAT CAN BE USED  TO  INITIATE  A  TRANSFER  OF
FUNDS (OTHER THAN A TRANSFER ORIGINATED SOLELY BY PAPER INSTRUMENT);
  (B)  "COUNTERFEIT  ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
COUNTERFEIT, FICTITIOUS, ALTERED, OR FORGED, OR AN  IDENTIFIABLE  COMPO-
NENT OF AN ACCESS DEVICE OR A COUNTERFEIT ACCESS DEVICE;
  (C)  "UNAUTHORIZED ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
LOST, STOLEN, EXPIRED, REVOKED, CANCELED, OR  OBTAINED  WITH  INTENT  TO
DEFRAUD;
  (D)  "PRODUCE"  SHALL  MEAN DESIGN, ALTER, AUTHENTICATE, DUPLICATE, OR
ASSEMBLE;

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

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