Assembly Bill A4273B

2013-2014 Legislative Session

Creates the crime of criminal practices with an access device

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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

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A4273 - Details

See Senate Version of this Bill:
S2927
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§165.21 - 164.24, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A10324, S6954

2013-A4273 - Summary

Creates the crime of criminal practices with an access device.

2013-A4273 - Bill Text download pdf 

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

                                  4273

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. CUSICK, TITONE, SCARBOROUGH, GUNTHER, MAGNARELLI,
  CRESPO,  ZEBROWSKI,  COLTON,  WEPRIN -- Multi-Sponsored by -- M. of A.
  BRENNAN, CLARK, GIBSON, MAGEE, SIMANOWITZ -- read once and referred to
  the Committee on Codes

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.
                                                           LBD01051-01-3

co-Sponsors

multi-Sponsors

2013-A4273A - Details

See Senate Version of this Bill:
S2927
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§165.21 - 164.24, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A10324, S6954

2013-A4273A - Summary

Creates the crime of criminal practices with an access device.

2013-A4273A - Bill Text download pdf 

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

                                 4273--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. CUSICK, TITONE, SCARBOROUGH, GUNTHER, MAGNARELLI,
  CRESPO,  ZEBROWSKI,  COLTON,  WEPRIN -- Multi-Sponsored by -- M. of A.
  BRENNAN, CLARK, GIBSON, MAGEE, 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 four new sections
165.21, 165.22, 165.23 and 165.24 to read as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE; DEFINITIONS.
  FOR THE PURPOSES OF SECTIONS 165.22, 165.23 AND 165.24 OF  THIS  ARTI-
CLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "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);
  2.  "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;
  3.  "UNAUTHORIZED  ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
LOST, STOLEN, EXPIRED, REVOKED, CANCELED, OR  OBTAINED  WITH  INTENT  TO
DEFRAUD;
  4.  "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.
                                                           LBD01051-04-3

co-Sponsors

multi-Sponsors

2013-A4273B (ACTIVE) - Details

See Senate Version of this Bill:
S2927
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§165.21 - 164.24, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A10324, S6954

2013-A4273B (ACTIVE) - Summary

Creates the crime of criminal practices with an access device.

2013-A4273B (ACTIVE) - Bill Text download pdf 

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

                                 4273--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. CUSICK, TITONE, SCARBOROUGH, GUNTHER, MAGNARELLI,
  CRESPO,  ZEBROWSKI,  COLTON,  WEPRIN -- Multi-Sponsored by -- M. of A.
  BRENNAN, CLARK, GIBSON, MAGEE, SIMANOWITZ -- read once and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  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 four new sections
165.21, 165.22, 165.23 and 165.24 to read as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE; DEFINITIONS.
  FOR THE PURPOSES OF SECTIONS 165.22, 165.23 AND 165.24 OF  THIS  ARTI-
CLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "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);
  2.  "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;
  3.  "UNAUTHORIZED  ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
LOST, STOLEN, EXPIRED, REVOKED, CANCELED, OR  OBTAINED  WITH  INTENT  TO
DEFRAUD;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01051-09-3

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