NY State Senate Bill S3406

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

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2016	referred to codes delivered to assembly passed senate
Mar 30, 2016	advanced to third reading
Mar 29, 2016	2nd report cal.
Mar 28, 2016	1st report cal.486
Jan 06, 2016	referred to codes returned to senate died in assembly
Feb 25, 2015	referred to codes delivered to assembly passed senate
Feb 09, 2015	ordered to third reading cal.76
Feb 06, 2015	referred to rules

Votes

Co-Sponsors

S3406 (ACTIVE) - Details

See Assembly Version of this Bill:: A6136
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §156.35, add §156.36, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S954, A3298

S3406 (ACTIVE) - Summary

Relates to criminal possession of computer related material in the first and second degree.

S3406 (ACTIVE) - Sponsor Memo

BILL NUMBER:S3406

TITLE OF BILL:  An act to amend the penal law, in relation to criminal
possession of computer related material

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the penal law to create the new crime of
criminal possession of computer related material in the first degree.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would amend section 156.35 of penal law, to reclassify the
present E felony crime of criminal possession of computer related
material, to now become criminal possession of computer related
material in the second degree.

This bill would additionally add a new section 156.36 to the penal law
to create the new B felony crime of criminal possession of computer
related material in the first degree.

Specifically, this new crime would provide that:

*A person would be guilty of criminal possession of computer related
material in the first degree when, after the unauthorized use of a
computer in violation of 156.05 of this article, a person, having no

right to do so, knowingly possesses, in any form, any copy,
reproduction or duplicate of any computer data or computer program
which was copied, reproduced or duplicated in violation of section
156.30 of this article, with intent to benefit himself or a person
other than an owner thereof, and the copying, reproduction or
duplication of such computer data or computer program causes financial
harm to another person, partnership or corporation, individually or
collectively, in excess of one hundred thousand dollars.

JUSTIFICATION:

According to the such entities as the United States Department of
Homeland Security, Interpol and the New York State White Collar Crime
Task Force, cybercrime is a pervasive and rapidly expanding threat.
New York state is particularly at risk to cybercrime due to its status
as a global hub of international business and commerce. As, seen most
recently in cases involving the retailer Target, and with SONY
pictures, cyber attacks can be economically or politically targeted to
cause massive economic and personal harm to both businesses and
individuals.

Increasing criminal penalties against those who use a computer or
device to carry out an such a cyber attack, when such an attack causes
financial harm to another person, partnership or corporation,
individually or collectively, in excess of one hundred thousand
dollars, merely makes sense in light of these recent events.

Accordingly, this bill seeks to deploy our criminal laws to deter
those who might engage in such cyber attacks before they do so, and
more appropriately punish those who commit such an attack, if and when
they do.


PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect on the first of November next succeeding
the date on which it shall have become law.

S3406 (ACTIVE) - Bill Text download pdf

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

                                  3406

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced by Sens. CROCI, GOLDEN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN  ACT  to  amend  the penal law, in relation to criminal possession of
  computer related material

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

  Section 1. Section 156.35 of the penal law, as added by chapter 514 of
the laws of 1986, is amended to read as follows:
S 156.35 Criminal  possession of computer related material IN THE SECOND
           DEGREE.
  A person is guilty of criminal possession of computer related material
IN THE SECOND DEGREE when having no right to do so, he OR SHE  knowingly
possesses,  in  any  form,  any  copy,  reproduction or duplicate of any
computer data or computer program which was copied, reproduced or dupli-
cated in violation of section 156.30 of this  article,  with  intent  to
benefit himself, HERSELF or a person other than an owner thereof.
  Criminal  possession of computer related material IN THE SECOND DEGREE
is a class E felony.
  S 2. The penal law is amended by adding a new section 156.36  to  read
as follows:
S 156.36 CRIMINAL  POSSESSION  OF COMPUTER RELATED MATERIAL IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL
IN THE FIRST DEGREE WHEN, AFTER THE UNAUTHORIZED USE OF  A  COMPUTER  IN
VIOLATION  OF  SECTION 156.05 OF THIS ARTICLE, A PERSON, HAVING NO RIGHT
TO DO SO, KNOWINGLY POSSESSES, IN ANY FORM, ANY  COPY,  REPRODUCTION  OR
DUPLICATE  OF  ANY  COMPUTER  DATA OR COMPUTER PROGRAM WHICH WAS COPIED,
REPRODUCED OR DUPLICATED IN VIOLATION OF SECTION 156.30 OF THIS ARTICLE,
WITH INTENT TO BENEFIT HIMSELF, HERSELF OR A PERSON OTHER THAN AN  OWNER
THEREOF,  AND  THE COPYING, REPRODUCTION OR DUPLICATION OF SUCH COMPUTER
DATA OR COMPUTER PROGRAM CAUSES FINANCIAL HARM TO ANOTHER PERSON,  PART-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09035-01-5

S. 3406                             2

NERSHIP  OR  CORPORATION, INDIVIDUALLY OR COLLECTIVELY, IN EXCESS OF ONE
HUNDRED THOUSAND DOLLARS.
  CRIMINAL  POSSESSION  OF COMPUTER RELATED MATERIAL IN THE FIRST DEGREE
IS A CLASS B FELONY.
  S 3. 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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The New York State Senate

senate Bill S3406

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

May 3, 2016 - floor Vote

Floor Vote: May 3, 2016

Mar 28, 2016 - Codes committee Vote

Codes Committee Vote: Mar 28, 2016

Feb 25, 2015 - floor Vote

Floor Vote: Feb 25, 2015

Feb 9, 2015 - Rules committee Vote

Rules Committee Vote: Feb 9, 2015

Co-Sponsors

S3406 (ACTIVE) - Details

S3406 (ACTIVE) - Summary

S3406 (ACTIVE) - Sponsor Memo

S3406 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3406

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Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 3, 2016 - floor Vote

Floor Vote: May 3, 2016

Mar 28, 2016 - Codes committee Vote

Codes Committee Vote: Mar 28, 2016

Feb 25, 2015 - floor Vote

Floor Vote: Feb 25, 2015

Feb 9, 2015 - Rules committee Vote

Rules Committee Vote: Feb 9, 2015

Co-Sponsors

S3406 (ACTIVE) - Details

S3406 (ACTIVE) - Summary

S3406 (ACTIVE) - Sponsor Memo

S3406 (ACTIVE) - Bill Text download pdf

Comments