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

                                  5417

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced  by  M. of A. KOLB, OAKS, GIGLIO, McKEVITT -- Multi-Sponsored
  by -- M. of A.  BARCLAY, CROUCH, LOPEZ -- read once  and  referred  to
  the Committee on Codes

AN  ACT  to amend the penal law, in relation to unlawfully purchasing or
  selling personal identifying information

  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 three new sections
190.90, 190.91 and 190.92 to read as follows:
S 190.90 PERSONAL IDENTIFYING INFORMATION; DEFINITION.
  FOR THE PURPOSES OF SECTIONS 190.91 AND 190.92 OF  THIS  ARTICLE,  THE
TERM  "PERSONAL  IDENTIFYING  INFORMATION" INCLUDES A BIRTH CERTIFICATE,
PASSPORT  NUMBER,  DRIVER'S  LICENSE  NUMBER,  SOCIAL  SECURITY  NUMBER,
TAXPAYER  IDENTIFICATION  NUMBER,  FINANCIAL  SERVICES ACCOUNT NUMBER OR
CODE, SAVINGS ACCOUNT NUMBER OR CODE, CHECKING ACCOUNT NUMBER  OR  CODE,
BROKERAGE  ACCOUNT  NUMBER  OR CODE, CREDIT CARD ACCOUNT NUMBER OR CODE,
DEBIT CARD NUMBER OR CODE, AUTOMATED  TELLER  MACHINE  NUMBER  OR  CODE,
PERSONAL  IDENTIFICATION  NUMBER,  MOTHER'S MAIDEN NAME, COMPUTER SYSTEM
PASSWORD, ELECTRONIC SIGNATURE OR UNIQUE BIOMETRIC DATA THAT IS A  FING-
ERPRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE OF ANOTHER PERSON.
S 190.91 UNLAWFUL  PURCHASE  OR SALE OF PERSONAL IDENTIFYING INFORMATION
           IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF UNLAWFUL PURCHASE OR SALE OF PERSONAL  IDENTIFY-
ING  INFORMATION  IN THE SECOND DEGREE WHEN HE OR SHE SELLS OR OFFERS TO
SELL OR HE OR SHE PURCHASES  OR  OFFERS  TO  PURCHASE  ANOTHER  PERSON'S
PERSONAL IDENTIFYING INFORMATION AND:
  1.  HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSONAL IDEN-
TIFYING INFORMATION IS INTENDED TO BE USED TO DEFRAUD, DECEIVE OR INJURE
ANOTHER; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02755-01-5

A. 5417                             2
              

  2. HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSONAL  IDEN-
TIFYING  INFORMATION IS INTENDED TO BE USED IN FURTHERANCE OF A CRIME OR
VIOLATION DEFINED IN THIS CHAPTER.
  UNLAWFUL  PURCHASE  OR SALE OF PERSONAL IDENTIFYING INFORMATION IN THE
SECOND DEGREE IS A CLASS E FELONY.
S 190.92 UNLAWFUL PURCHASE OR SALE OF PERSONAL  IDENTIFYING  INFORMATION
           IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF UNLAWFUL PURCHASE OR SALE OF PERSONAL IDENTIFY-
ING INFORMATION IN THE FIRST DEGREE WHEN:
  1. HE OR SHE COMMITS  THE  CRIME  OF  UNLAWFUL  PURCHASE  OR  SALE  OF
PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE; AND
  (A) HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE YEARS
OF  UNLAWFUL PURCHASE OR SALE OF PERSONAL IDENTIFYING INFORMATION IN THE
SECOND DEGREE AS DEFINED IN SECTION 190.91 OF THIS ARTICLE; OR
  (B) HE OR SHE KNOWINGLY SELLS OR OFFERS TO SELL OR PURCHASES OR OFFERS
TO PURCHASE FIFTY OR MORE PERSONS' PERSONAL IDENTIFYING INFORMATION; OR
  2. WITH INTENT TO FURTHER THE COMMISSION OF UNLAWFUL PURCHASE OR  SALE
OF  PERSONAL  IDENTIFYING  INFORMATION  IN  THE SECOND DEGREE, HE OR SHE
SUPERVISES MORE THAN THREE ACCOMPLICES.
  UNLAWFUL PURCHASE OR SALE OF PERSONAL IDENTIFYING INFORMATION  IN  THE
FIRST DEGREE IS A CLASS D FELONY.
  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.