senate Bill S6826B

2013-2014 Legislative Session

Enhances the criminal classifications for identity theft and related crimes

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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
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 11, 2014 ordered to third reading cal.1346
committee discharged and committed to rules
May 27, 2014 print number 6826b
amend and recommit to codes
May 21, 2014 print number 6826a
amend and recommit to codes
Mar 14, 2014 referred to codes

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S6826 - Bill Details

See Assembly Version of this Bill:
A9325A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally

S6826 - Bill Texts

view summary

Enhances the criminal classifications for identity theft and related crimes.

view sponsor memo
BILL NUMBER:S6826

TITLE OF BILL: An act to amend the penal law, in relation to identity
theft and related crimes

PURPOSE: This bill enhances the criminal classifications for identity
theft and related crimes.

SUMMARY OF PROVISIONS:

Section one amends subdivision 2 of section 190.78 of the penal law to
change the crime of identity theft in the third degree from being a
class A misdemeanor to a class E felony.

Section 2 amends the closing paragraph of section 190.79 of the penal
law to change the crime of identity theft in the second degree from
being a class E felony to a class D felony.

Section 3 amends the closing paragraph of section 190.80 of the penal
law to change the crime of identity theft in the first degree from
being a class D felony to a class C felony.

Section 4 amends the closing paragraph of section 190.85 of the penal
to change the crime of unlawful possession of a skimmer device from an
A misdemeanor to a class E felony.

Section 5 amends the second undesignated paragraph of section 190.86
of the penal to change the crime of unlawful possession of a skimmer
device from a class E felony to a class D felony.

Section 6 amends the closing paragraph of section 190.80-a of the
penal to change the crime of aggravated identity theft from a class D
felony to a class C felony.

Section 7 amends the second undesignated paragraph of section 190.81
of the penal law to change the crime of unlawful possession of
personal identification information in the third degree from a class A
misdemeanor to a class E felony.

Section 8 amends the second undesignated paragraph of section 190.82
of the penal law to change the crime of unlawful possession of
personal identification information in the second degree from a class
E felony to a class D felony,

Section 9 provides that this act shall take effect on the first of
November after it shall have become law and shall apply only to
offenses committed after such a date.

JUSTIFICATION: The last six months has had the news media filled with
stories of data breaches in data security surrounding some of our most
famous retailers such as Target and Neiman Marcus. In the case of the
Target data breach it is estimated that the breach affected almost 110
million customers of the retail chain and apart from the devastating
effects the breach has had on customers the breach has cost Target $17
million and has caused customers to steer clear of the chain as the
company's net earnings were down 46%. According to data compiled by
the Consumer Bankers Association and the Credit Union National


Association the cost of replacing credit and debit cards impacted by
the breach costs around $200 million. According to the most recent
reports the Neiman Marcus breach affected about 350,000 customers and
of that 9,200 of the cards that have been compromised are believed to
have been used fraudulently since the breach occurred. The impact on
the customers affected, the stores involved and the financial
institutions that issue the cards is enormous and identity theft and
credit card fraud is a lucrative business. The penalties faced by
those individuals brazen enough to commit such crimes must be
increased so that the punishment adequately fits the crime.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: First of November after it shall become law and shall
apply to all offenses thereafter.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6826

                            I N  S E N A T E

                             March 14, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 identity theft and related
  crimes

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

  Section  1. Subdivision 2 of section 190.78 of the penal law, as added
by chapter 619 of the laws of 2002, is amended to read as follows:
  2. commits a class [A misdemeanor] E FELONY or higher level crime.
  S 2. The closing paragraph of section 190.79  of  the  penal  law,  as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Identity theft in the second degree is a class [E] D felony.
  S  3.  The  closing  paragraph  of section 190.80 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Identity theft in the first degree is a class [D] C felony.
  S 4. The closing paragraph of section 190.85  of  the  penal  law,  as
added by chapter 279 of the laws of 2008, is amended to read as follows:
  Unlawful  possession  of  a  skimmer  device in the second degree is a
class [A misdemeanor] E FELONY.
  S 5. The second undesignated paragraph of section 190.86 of the  penal
law,  as added by chapter 279 of the laws of 2008, is amended to read as
follows:
  Unlawful possession of a skimmer device in the first degree is a class
[E] D felony.
  S 6. The closing paragraph of section 190.80-a of the  penal  law,  as
added by chapter 226 of the laws of 2008, is amended to read as follows:
  Aggravated identity theft is a class [D] C felony.
  S  7. The second undesignated paragraph of section 190.81 of the penal
law, as added by chapter 619 of the laws of 2002, is amended to read  as
follows:
  Unlawful  possession  of  personal  identification  information in the
third degree is a class [A misdemeanor] E FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14419-02-4

S. 6826                             2

  S 8. The second undesignated paragraph of section 190.82 of the  penal
law,  as added by chapter 619 of the laws of 2002, is amended to read as
follows:
  Unlawful  possession  of  personal  identification  information in the
second degree is a class [E] D felony.
  S 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall apply only to
offenses committed on or after such date.

S6826A - Bill Details

See Assembly Version of this Bill:
A9325A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally

S6826A - Bill Texts

view summary

Enhances the criminal classifications for identity theft and related crimes.

view sponsor memo
BILL NUMBER:S6826A

TITLE OF BILL: An act to amend the penal law, in relation to identity
theft and related crimes

PURPOSE:

This bill enhances the criminal classifications for identity theft and
related crimes.

SUMMARY OF PROVISIONS:

Section one amends the closing paragraph of section 190.23 of the
penal law to reclassify "False personation" as a Class A misdemeanor.

Section 2 amends the closing paragraph of section 190.25 of the penal
law to reclassify "criminal impersonation in the second degree" as a
class E felony.

Section 3 amends the closing paragraph of section 190.26 of the penal
law as to reclassify "criminal impersonation in the first degree" as a
class E felony.

Section 4 amends the closing paragraph of section 190.78 of the penal
law to reclassify the crime of "identity theft in the third degree" as
a class E felony.

Section 5 amends the closing paragraph of section 190.79 of the penal
law to reclassify the crime of "identity theft in the second degree"
as a class D felony.

Section 6 amends the closing paragraph of section 190.80 of the penal
law to reclassify the crime of "identity theft in the first degree" as
a class C felony.

Section 7 amends the closing paragraph of section 190.85 of the penal
law to reclassify the crime of "unlawful possession of a skimmer
device in the second degree" as a class E felony.

Section 8 amends the second undesignated paragraph of section 190.86
of the penal law to reclassify the crime of "unlawful possession of a
skimmer device in the first degree" as a class D felony.

Section 9 amends the closing paragraph of section 190.80-a of the
penal law to reclassify the "crime of aggravated identity theft" as a
class C felony.

Section 10 amends the closing paragraph of section 190.81 of the penal
law to reclassify the crime of "unlawful possession of personal
identification information in the third degree" as a class E felony.

Section 11 amends the second undesignated paragraph of section 190.82
of the penal law to reclassify the crime of "unlawful possession of
personal identification information in the second degree" as a class D
felony.


Section 12 provides that this act shall take effect on the first of
November after it shall have become law and shall apply only to
offenses committed after such a date.

JUSTIFICATION:

The last six months has had the news media filled with stories of data
breaches in data security surrounding some of our most famous
retailers such as Target and Neiman Marcus. In the case of the Target
data breach it is estimated that the breach affected almost 110
million customers of the retail chain and apart from the devastating
effects the breach has had on customers the breach has cost Target $17
million and has caused customers to steer clear of the chain as the
company's net earnings were down 46%. According to data compiled by
the Consumer Bankers Association and the Credit Union National
Association the cost of replacing credit and debit cards impacted by
the breach costs around $200 million. According to the most recent
reports the Neiman Marcus breach affected about 350,000 customers and
of that 9,200 of the cards that have been compromised are believed to
have been used fraudulently since the breach occurred. The impact on
the customers affected, the stores involved and the financial
institutions that issue the cards is enormous and identity theft and
credit card fraud is a lucrative business. The penalties faced by
those individuals brazen enough to commit such crimes must be
increased so that the punishment adequately fits the crime.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

First of November after it shall become law and shall apply to all
offenses thereafter.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6826--A

                            I N  S E N A T E

                             March 14, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  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 identity theft and related
  crimes

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

  Section 1. The closing paragraph of section 190.23 of the  penal  law,
as  added  by  chapter  69  of  the  laws of 1997, is amended to read as
follows:
  False personation is a class [B] A misdemeanor.
  S 2. The closing paragraph of section 190.25  of  the  penal  law,  as
amended  by  chapter  27  of  the  laws  of  1980, is amended to read as
follows:
  Criminal impersonation in the second degree is a class [A misdemeanor]
E FELONY.
  S 3. The closing paragraph of section 190.26  of  the  penal  law,  as
amended by chapter 2 of the laws of 1998, is amended to read as follows:
  Criminal impersonation in the first degree is a class [E] D felony.
  S  4.  The  closing  paragraph  of section 190.78 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Identity theft in the third  degree  is  a  class  [A  misdemeanor]  E
FELONY.
  S  5.  The  closing  paragraph  of section 190.79 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Identity theft in the second degree is a class [E] D felony.
  S 6. The closing paragraph of section 190.80  of  the  penal  law,  as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Identity theft in the first degree is a class [D] C felony.
  S  7.  The  closing  paragraph  of section 190.85 of the penal law, as
added by chapter 279 of the laws of 2008, is amended to read as follows:
  Unlawful possession of a skimmer device in  the  second  degree  is  a
class [A misdemeanor] E FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14419-03-4

S. 6826--A                          2

  S  8. The second undesignated paragraph of section 190.86 of the penal
law, as added by chapter 279 of the laws of 2008, is amended to read  as
follows:
  Unlawful possession of a skimmer device in the first degree is a class
[E] D felony.
  S  9.  The  closing paragraph of section 190.80-a of the penal law, as
added by chapter 226 of the laws of 2008, is amended to read as follows:
  Aggravated identity theft is a class [D] C felony.
  S 10. The closing paragraph of section 190.81 of  the  penal  law,  as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Unlawful  possession  of  personal  identification  information in the
third degree is a class [A misdemeanor] E FELONY.
  S 11. The closing paragraph of section 190.82 of  the  penal  law,  as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Unlawful  possession  of  personal  identification  information in the
second degree is a class [E] D felony.
  S 12. This act shall  take  effect  on  the  first  of  November  next
succeeding  the date on which it shall have become a law and shall apply
only to offenses committed on or after such date.

S6826B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9325A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally

S6826B (ACTIVE) - Bill Texts

view summary

Enhances the criminal classifications for identity theft and related crimes.

view sponsor memo
BILL NUMBER:S6826B

TITLE OF BILL: An act to amend the penal law, in relation to identity
theft and related crimes

PURPOSE: This bill enhances the criminal classifications for identity
theft and related crimes.

SUMMARY OF PROVISIONS:

Section one amends the closing paragraph of section 190.23 of the
penal law to reclassify "False personation" as a Class A misdemeanor.

Section 2 amends the closing paragraph of section 190.25 of the penal
law to reclassify "criminal impersonation in the second degree" as a
class E felony.

Section 3 amends the closing paragraph of section 190.26 of the penal
law as to reclassify "criminal impersonation in the first degree" as a
class D felony.

Section 4 amends the closing paragraph of section 190.78 of the penal
law to reclassify the crime of "identity theft in the third degree" as
a class E felony.

Section 5 amends the closing paragraph of section 190.79 of the penal
law to reclassify the crime of "identity theft in the second degree"
as a class D felony.

Section 6 amends the closing paragraph of section 190.80 of the penal
law to reclassify the crime of "identity theft in the first degree" as
a class C felony.

Section 7 amends the closing paragraph of section 190.85 of the penal
law to reclassify the crime of "unlawful possession of a skimmer
device in the second degree" as a class E felony.

Section 8 amends the second undesignated paragraph of section 190.86
of the penal law to reclassify the crime of "unlawful possession of a
skimmer device in the first degree" as a class D felony.

Section 9 amends the closing paragraph of section 190.80-a of the
penal law to reclassify the "crime of aggravated identity theft" as a
class C felony.

Section 10 amends the closing paragraph of section 190.81 of the penal
law to reclassify the crime of "unlawful possession of personal
identification information in the third degree" as a class E felony.

Section 11 amends the second undesignated paragraph of section 190.82
of the penal law to reclassify the crime of "unlawful possession of
personal identification information in the second degree" as a class D
felony.

Section 12 amends section 190.83 of the penal law to reclassify the
crime of "unlawful possession of personal identification in the first
degree as a class C felony.


Section 13 provides that this act shall take effect on the first of
November after it shall have become law and shall apply only to
offenses committed after such a date.

JUSTIFICATION: The last six months has had the news media filled with
stories of data breaches in data security surrounding some of our most
famous retailers such as Target and Neiman Marcus. In the case of the
Target data breach it is estimated that the breach affected almost 110
million customers of the retail chain and apart from the devastating
effects the breach has had on customers the breach has cost Target $17
million and has caused customers to steer clear of the chain as the
company's net earnings were down 46%. According to data compiled by
the Consumer Bankers Association and the Credit Union National
Association the cost of replacing credit and debit cards impacted by
the breach costs around $200 million. According to the most recent
reports the Neiman Marcus breach affected about 350,000 customers and
of that 9,200 of the cards that have been compromised are believed to
have been used fraudulently since the breach occurred. The impact on
the customers affected, the stores involved and the financial
institutions that issue the cards is enormous and identity theft and
credit card fraud is a lucrative business. The penalties faced by
those individuals brazen enough to commit such crimes must be
increased so that the punishment adequately fits the crime.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: First of November after it shall become law and shall
apply to all offenses thereafter.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6826--B

                            I N  S E N A T E

                             March 14, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to identity theft and related
  crimes

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

  Section  1.  The closing paragraph of section 190.23 of the penal law,
as added by chapter 69 of the laws  of  1997,  is  amended  to  read  as
follows:
  False personation is a class [B] A misdemeanor.
  S  2.  The  closing  paragraph  of section 190.25 of the penal law, as
amended by chapter 27 of the  laws  of  1980,  is  amended  to  read  as
follows:
  Criminal impersonation in the second degree is a class [A misdemeanor]
E FELONY.
  S  3.  The  closing  paragraph  of section 190.26 of the penal law, as
amended by chapter 2 of the laws of 1998, is amended to read as follows:
  Criminal impersonation in the first degree is a class [E] D felony.
  S 4. The closing paragraph of section 190.78  of  the  penal  law,  as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Identity  theft  in  the  third  degree  is  a class [A misdemeanor] E
FELONY.
  S 5. The closing paragraph of section 190.79  of  the  penal  law,  as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Identity theft in the second degree is a class [E] D felony.
  S  6.  The  closing  paragraph  of section 190.80 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Identity theft in the first degree is a class [D] C felony.
  S 7. The closing paragraph of section 190.85  of  the  penal  law,  as
added by chapter 279 of the laws of 2008, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14419-05-4

S. 6826--B                          2

  Unlawful  possession  of  a  skimmer  device in the second degree is a
class [A misdemeanor] E FELONY.
  S  8. The second undesignated paragraph of section 190.86 of the penal
law, as added by chapter 279 of the laws of 2008, is amended to read  as
follows:
  Unlawful possession of a skimmer device in the first degree is a class
[E] D felony.
  S  9.  The  closing paragraph of section 190.80-a of the penal law, as
added by chapter 226 of the laws of 2008, is amended to read as follows:
  Aggravated identity theft is a class [D] C felony.
  S 10. The closing paragraph of section 190.81 of  the  penal  law,  as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Unlawful  possession  of  personal  identification  information in the
third degree is a class [A misdemeanor] E FELONY.
  S 11. The closing paragraph of section 190.82 of  the  penal  law,  as
added by chapter 619 of the laws of 2002, is amended to read as follows:
  Unlawful  possession  of  personal  identification  information in the
second degree is a class [E] D felony.
  S 12. The closing paragraph of section 190.83 of  the  penal  law,  as
amended  by  chapter  226  of  the  laws  of 2008, is amended to read as
follows:
  Unlawful possession of  personal  identification  information  in  the
first degree is a class [D] C felony.
  S  13.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law and shall  apply
only to offenses committed on or after such date.

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