senate Bill S40

2013-2014 Legislative Session

Expands the definition of "criminal act", for purposes of enterprise corruption, to include computer offenses, identity theft and other fraud offenses

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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
May 21, 2014 referred to codes
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.747
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 21, 2013 referred to codes
Jun 20, 2013 delivered to assembly
passed senate
May 22, 2013 advanced to third reading
May 21, 2013 2nd report cal.
May 20, 2013 1st report cal.626
Jan 09, 2013 referred to codes

Votes

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May 13, 2014 - Codes committee Vote

S40
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 20, 2013 - Codes committee Vote

S40
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S40 - Bill Details

See Assembly Version of this Bill:
A3819
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §460.10, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7862

S40 - Bill Texts

view summary

Expands the definition of "criminal act", for purposes of enterprise corruption, to include computer offenses, identity theft, criminal use of an access device and unlawful possession of personal identification information or a skimmer.

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BILL NUMBER:S40

TITLE OF BILL:
An act
to amend the penal law, in relation to including certain computer
offenses, criminal use of an access device, identity theft and unlawful
possession of personal identification information or a skimmer device
within the definition of "criminal act" for purposes of enterprise
corruption

PURPOSE:
Updates New York State's Enterprise Corruption Statute, which is used
to prosecute gangs and organized crime syndicates, by including
increasingly common white-collar fraud and technology crimes.

SUMMARY OF PROVISIONS:
Section 1 amends NY Penal Law § 460.10(1)(a) to include: section
156.10 relating to computer trespass; sections 156.25, 156.26, and
156.27 relating to computer tampering; section 156.30 relating to
unlawful duplication of computer related material; section 156.35
relating to Criminal possession of computer related material; section
190.76 relating to criminal use of an access device; sections 190.79,
190.80, and 190.80-a relating to identity theft; sections 190.82 and
190.83 relating to unlawful possession of personal identification
information; and section, 190.86 relating to unlawful possession of a
skimmer device within the list of predicate criminal acts in the
definition section of New York's Enterprise Corruption statute.

Section 2 establishes the effective date.

JUSTIFICATION:
According to the FBI's National Gang Intelligence Center "gangs are
becoming more involved in white-collar crime, including identity
theft, bank fraud, credit card fraud, money laundering, fencing
stolen goods, counterfeiting, and mortgage fraud, and are recruiting
members who possess those skill sets." Along with Florida, New York
is one of the twin epicenters of this troubling new development in
organized crime.

In 2011, an identity theft ring spearheaded by the Crips, Bloods, and
a Brooklyn-based gang called The Outlaws stole more than $2 million
from New York charities. In 2012, the cyber-theft often million
credit and debit card records was attributed to a New York City based
street gang with ties to Central America. Also in 2012, a Romanian
man with ties to organized crime was charged with stealing at least
$1.5M by installing "skimmer" devices at ATM machines across New
York City and Long Island. Along with these high profile incidents,
there are countless other such crimes, many of which go undetected.

New York law enforcement is increasingly devoting greater resources
to this new breed of organized crime and the efforts are paying
dividends. Unfortunately, the law has not kept up with its enforcers.
Despite the increasing prominence of these crimes, New York's
Enterprise
Corruption statute, which targets organized crime, does not include a
wide variety of cyber and identity crimes within its predicate


felonies. In order to give law enforcement the tools they need to
crack down on organized white-collar crime, the law needs to be
updated to reflect current realities. This legislation makes the
changes necessary to bring New York's Enterprise Corruption law into
the 21st Century and give prosecutors the means to fight the
unchecked spread of new-age gang crime.

Additionally, including crimes such as identity theft in the
Enterprise Corruption statute would both provide the state with
potentially large-scale savings by eliminating duplicative legal
proceedings and protect defendants from having to be tried twice for
the same conduct. For instance, under current law, when a defendant
commits the crime of Enterprise Corruption by committing larceny
through identity theft, he must be indicted twice for the same
underlying actions--one indictment for Enterprise Corruption and
Larceny and a second indictment for the identity theft charges. This
means that a defendant gets two arrest numbers, has two indictments,
gets arraigned twice, has bail set twice (once on each indictment),
has two sets of motions, and eventually gets tried for the same
conduct not once, but twice. This also means that a defendant likely
needs to pay two retainers to defense counsel. This current system is
both inequitable to defendants and unnecessarily costly to the state.

This commonsense legislation will make it easier to go after gangs and
organized crime syndicates, save money for the state, and protect
defendants' legitimate, lawful rights.

LEGISLATIVE HISTORY:
2011-12: S.7862

FISCAL IMPLICATIONS:
May provide significant saving to the state by eliminating duplicative
legal proceedings.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall become a law.

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

                                   40

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the penal law, in relation to including certain computer
  offenses, criminal use of an access device, identity theft and  unlaw-
  ful  possession  of  personal  identification information or a skimmer
  device within the definition of "criminal act" for purposes of  enter-
  prise corruption

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

  Section 1. Paragraph (a) of subdivision 1 of  section  460.10  of  the
penal  law, as amended by chapter 405 of the laws of 2010, is amended to
read as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; section 135.35 relating  to  labor  traf-
ficking;  section  135.65  relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary;  sections  145.05,  145.10  and  145.12
relating  to  criminal  mischief;  article one hundred fifty relating to
arson; sections 155.30, 155.35, 155.40  and  155.42  relating  to  grand
larceny;  SECTIONS  156.10,  156.25,  156.26,  156.27, 156.30 AND 156.35
RELATING TO  OFFENSES  INVOLVING  COMPUTERS;  sections  177.10,  177.15,
177.20  and  177.25  relating  to health care fraud; article one hundred
sixty relating to robbery; sections 165.45, 165.50,  165.52  and  165.54
relating  to criminal possession of stolen property; sections 165.72 and
165.73 relating to trademark counterfeiting;  sections  170.10,  170.15,
170.25,  170.30, 170.40, 170.65 and 170.70 relating to forgery; sections
175.10, 175.25, 175.35, 175.40 and 210.40 relating to false  statements;
sections  176.15, 176.20, 176.25 and 176.30 relating to insurance fraud;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00308-01-3

S. 40                               2

sections  178.20  and  178.25  relating   to   criminal   diversion   of
prescription  medications  and  prescriptions;  sections 180.03, 180.08,
180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10,  200.11,
200.12, 200.20, 200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relat-
ing  to  bribery; sections 187.10, 187.15, 187.20 and 187.25 relating to
residential mortgage fraud, sections 190.40 and 190.42 relating to crim-
inal usury; section 190.65  relating  to  schemes  to  defraud;  SECTION
190.76  RELATING  TO  CRIMINAL USE OF AN ACCESS DEVICE; SECTIONS 190.79,
190.80 AND 190.80-A RELATING TO  IDENTITY  THEFT;  SECTIONS  190.82  AND
190.83 RELATING TO UNLAWFUL POSSESSION OF PERSONAL IDENTIFICATION INFOR-
MATION;  SECTION  190.86  RELATING  TO  UNLAWFUL POSSESSION OF A SKIMMER
DEVICE; sections 205.60 and 205.65 relating  to  hindering  prosecution;
sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
section 215.40 relating to tampering with  physical  evidence;  sections
220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43,  220.46,  220.55,  220.60  and  220.77  relating  to  controlled
substances;  sections  225.10  and 225.20 relating to gambling; sections
230.25, 230.30, and 230.32 relating to promoting  prostitution;  section
230.34  relating to sex trafficking; sections 235.06, 235.07, 235.21 and
235.22 relating to obscenity; sections 263.10  and  263.15  relating  to
promoting  a  sexual  performance  by  a child; sections 265.02, 265.03,
265.04, 265.11, 265.12, 265.13 and  the  provisions  of  section  265.10
which constitute a felony relating to firearms and other dangerous weap-
ons;  and  sections  265.14  and  265.16  relating to criminal sale of a
firearm; and section 275.10, 275.20, 275.30, or 275.40 relating to unau-
thorized recordings; and sections  470.05,  470.10,  470.15  and  470.20
relating to money laundering; or
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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