senate Bill S885

2011-2012 Legislative Session

Expands geographical jurisdiction for crimes attendant to identity theft or unlawful possession of personal information

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Archive: Last Bill Status - STRICKEN


  • 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
May 14, 2012 recommit, enacting clause stricken
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.639
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Feb 07, 2011 referred to codes
delivered to assembly
passed senate
Feb 01, 2011 advanced to third reading
Jan 31, 2011 2nd report cal.
Jan 25, 2011 1st report cal.23
Jan 05, 2011 referred to codes

Votes

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May 1, 2012 - Codes committee Vote

S885
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jan 25, 2011 - Codes committee Vote

S885
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S885 - Bill Details

See Assembly Version of this Bill:
A5440
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง20.10 & 20.40, CP L
Versions Introduced in 2009-2010 Legislative Session:
S7588

S885 - Bill Texts

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Expands geographical jurisdiction for crimes attendant to identity theft or the unlawful possession of personal information.

view sponsor memo
BILL NUMBER:S885

TITLE OF BILL:

An act
to amend the criminal procedure law, in relation to expanding the
geographical jurisdiction for crimes attendant to identify theft or
unlawful possession of personal identification information

PURPOSE:

Amends the criminal procedure law to allow prosecutors and criminal
courts to try crimes committed in the same transaction as identity
theft or the unlawful possession of personal identification
information in the same venue.

SUMMARY OF PROVISIONS:

Section 1. Creates a new subdivision 5 of section 20.10 of the
criminal procedure law, which provides for the definition of criminal
transaction.

Section 2. Amends paragraph (1) of subdivision 4 of section 20.40
of the criminal procedure law, which expands the geographical
jurisdiction of counties to hear crimes committed in the same
transaction as identity theft or the unlawful possession of personal
identification information in the same venue.

Section 3. Provides for the effective date.

JUSTIFICATION:

Under paragraph (1) of subdivision 4 of section 20.40 of the criminal
procedure law, county courts have been granted the power to try a
case where the defendant has been alleged to commit the crime of
either identity theft or the unlawful possession of personal
identification information. This paragraph was created in 2002 to
assist in the prosecution of the relatively new crime of identity
theft. Paragraph (1) gave the prosecution multiple venues to
prosecute since the
crime of identity theft or the unlawful possession of personal
identification information could have been perpetrated in one
county, while the impact of such conduct impacted the residents of
two other separate counties.

The amendment to paragraph (1) of subdivision 4 of section 20.40 of
the criminal procedure law proposed in this legislation corrects
another problem associated with these crimes. Many times other crimes
alleged to have occurred within the same criminal transaction may not
be prosecuted before the same criminal court. Thus, crimes such as
larceny and criminal possession of stolen property are either not
prosecuted or prosecuted in another county court, creating an undue
burden on the courts.

This legislation will create a more efficient court system and avoid
the possibility of inconsistent verdicts.


LEGISLATIVE HISTORY:

2010: S.7588 (Schneiderman)

FISCAL IMPLICATIONS:

This legislation would create a savings to the state.

EFFECTIVE DATE:

This act shall take effect on the one-hundred eightieth day after it
shall have become law.

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

                                   885

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to expanding the
  geographical jurisdiction for crimes attendant to  identify  theft  or
  unlawful possession of personal identification information

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

  Section 1. Section 20.10 of the criminal procedure law is  amended  by
adding a new subdivision 5 to read as follows:
  5. "CRIMINAL TRANSACTION." WHEN CONDUCT WHICH ESTABLISHES AT LEAST ONE
OFFENSE, AND WHICH IS COMPRISED OF TWO OR MORE OR A GROUP OF ACTS EITHER
(A)  SO  CLOSELY RELATED AND CONNECTED IN POINT OF TIME AND CIRCUMSTANCE
OF COMMISSION AS TO CONSTITUTE A SINGLE CRIMINAL  INCIDENT,  OR  (B)  SO
CLOSELY  RELATED  IN  CRIMINAL  PURPOSE  OR  OBJECTIVE  AS TO CONSTITUTE
ELEMENTS OR INTEGRAL PARTS OF A SINGLE CRIMINAL VENTURE.
  S 2. Paragraph (l) of subdivision 4 of section 20.40 of  the  criminal
procedure law, as amended by chapter 346 of the laws of 2007, is amended
to read as follows:
  (l)  [An]  NOTWITHSTANDING  ANY  PROVISION  OF THIS SUBDIVISION TO THE
CONTRARY, AN  offense  of  identity  theft  or  unlawful  possession  of
personal  identification  information [may], TOGETHER WITH AN ADDITIONAL
OFFENSE OR OFFENSES ARISING FROM THE SAME CRIMINAL TRANSACTION, SHALL be
prosecuted (i) in any county in which part of [the] SUCH IDENTITY  THEFT
ON  UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFICATION INFORMATION offense
took place regardless of whether the defendant was actually  present  in
such  county,  or  (ii)  in  the  county in which the person who suffers
financial loss resided at the time of the commission of [the] SUCH IDEN-
TITY THEFT ON UNLAWFUL POSSESSION OF PERSONAL IDENTIFICATION INFORMATION
offense, or (iii) in the county where the person  whose  personal  iden-
tification information was used in the commission of [the] SUCH IDENTIFY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03869-01-1

S. 885                              2

THEFT  ON  UNLAWFUL  POSSESSION  OF  PERSONAL IDENTIFICATION INFORMATION
offense resided at the time of the commission of the  offense.  The  law
enforcement  agency of any such county shall take a police report of the
matter  and  provide  the  complainant  with a copy of such report at no
charge.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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