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 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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2011-S885 (ACTIVE) - Details

See Assembly Version of this Bill:
A5440
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§20.10 & 20.40, CP L
Versions Introduced in 2009-2010 Legislative Session:
S7588

2011-S885 (ACTIVE) - Summary

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

2011-S885 (ACTIVE) - Sponsor Memo

2011-S885 (ACTIVE) - Bill Text download pdf

                            
                    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.
              

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