Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 14, 2012 |
print number 10324a |
Jun 14, 2012 |
amend (t) and recommit to codes |
May 22, 2012 |
referred to codes |
Assembly Bill A10324
2011-2012 Legislative Session
Sponsored By
CUSICK
Archive: Last Bill Status - In Assembly 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
Actions
Bill Amendments
co-Sponsors
Matthew Titone
William Scarborough
Peter Rivera
Aileen Gunther
multi-Sponsors
James F. Brennan
Barbara Clark
Vanessa Gibson
William Magee
2011-A10324 - Details
- Current Committee:
- Assembly Codes
- Law Section:
- General Business Law
- Laws Affected:
- Add §520-d, Gen Bus L; add §165.21, Pen L
- Versions Introduced in 2013-2014 Legislative Session:
-
A4273
2011-A10324 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10324 I N A S S E M B L Y May 22, 2012 ___________ Introduced by M. of A. CUSICK -- read once and referred to the Committee on Codes 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Matthew Titone
William Scarborough
Peter Rivera
Aileen Gunther
multi-Sponsors
James F. Brennan
Barbara Clark
Vanessa Gibson
William Magee
2011-A10324A (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- General Business Law
- Laws Affected:
- Add §520-d, Gen Bus L; add §165.21, Pen L
- Versions Introduced in 2013-2014 Legislative Session:
-
A4273
2011-A10324A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10324--A I N A S S E M B L Y May 22, 2012 ___________ Introduced by M. of A. CUSICK, TITONE, SCARBOROUGH, P. RIVERA, GUNTHER, MAGNARELLI, CRESPO, ZEBROWSKI, COLTON, WEPRIN -- Multi-Sponsored by -- M. of A. BRENNAN, CLARK, GIBSON, MAGEE, REILLY, SIMANOWITZ -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. LBD15090-07-2
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.