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Assembly Bill A5440

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 - In Assembly Committee

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2011-A5440 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง20.10 & 20.40, CP L

2011-A5440 (ACTIVE) - Summary

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

2011-A5440 (ACTIVE) - Bill Text download pdf 

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

                                  5440

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2011
                               ___________

Introduced by M. of A. LENTOL -- read once and referred 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
THEFT ON UNLAWFUL  POSSESSION  OF  PERSONAL  IDENTIFICATION  INFORMATION

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

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