The New York State Senate

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

                                 2406--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

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  and  the criminal procedure law, in
  relation to cyber crimes; and to  repeal  certain  provisions  of  the
  penal law relating to scheme to defraud

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

  Section 1. Subdivisions 1, 2, 3 and 4 of section 155.00 of  the  penal
law,  subdivision  1  as amended by chapter 514 of the laws of 1986, are
amended and two new subdivisions 10 and 11 are added to read as follows:
  1. "Property" means  any  money,  personal  property,  real  property,
computer  data,  computer  program,  PERSONAL  IDENTIFYING  INFORMATION,
SECRET SCIENTIFIC  MATERIAL,  thing  in  action,  evidence  of  debt  or
contract,  or  any  article,  substance or thing of value, including any
gas, steam, water or electricity, which is  provided  for  a  charge  or
compensation.
  2.  "Obtain"  includes, but is not limited to, the bringing about of a
transfer or purported transfer of property or of a legal interest there-
in, whether to the obtainer or another.  WITH REGARD TO PERSONAL IDENTI-
FYING INFORMATION, COMPUTER DATA OR COMPUTER  PROGRAM,  OBTAIN  INCLUDES
DUPLICATING,  RECORDING, COPYING, DOWNLOADING, UPLOADING OR PRINTING OUT
THE INFORMATION, DATA,  OR  PROGRAM,  OR  OBTAINING  A  PHYSICAL  OBJECT
CONTAINING  SUCH INFORMATION.   WITH REGARD TO SERVICE, OBTAIN INCLUDES,
BUT IS NOT LIMITED TO, USING OR ACCESSING A SERVICE.
  3. "Deprive." To "deprive" another of property means (a)  to  withhold
it  or  cause  it  to  be withheld from him OR HER permanently or for so
extended a period or under such circumstances that the major portion  of
its  economic  value or benefit is lost to him OR HER, or (b) to dispose
of the property in such manner or under such circumstances as to  render

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

                                                           LBD03876-03-7

S. 2406--A                          2

it unlikely that an owner will recover such property.  WHEN THE PROPERTY
IS  PERSONAL IDENTIFYING INFORMATION, COMPUTER DATA OR COMPUTER PROGRAM,
TO DEPRIVE ANOTHER OF ITS MEANS TO OBTAIN IT OR CAUSE A THIRD PERSON  TO
OBTAIN  IT  UNDER  SUCH  CIRCUMSTANCES THAT A SUBSTANTIAL PORTION OF THE
ECONOMIC BENEFIT OR VALUE OF HAVING CONTROL OVER IT  OR  AUTHORITY  OVER
ITS  USE IS LOST TO AN OWNER. TO DEPRIVE ANOTHER OF SERVICE IS TO USE OR
ACCESS A SERVICE OR CAUSE A THIRD PERSON TO  USE  OR  ACCESS  A  SERVICE
UNDER  SUCH  CIRCUMSTANCES THAT SOME OF THE ECONOMIC BENEFIT OR VALUE OF
HAVING CONTROL OR AUTHORITY OVER PROVIDING THE SERVICE  IS  LOST  TO  AN
OWNER.
  4. "Appropriate." To "appropriate" property of another to oneself or a
third  person  means  (a) to exercise control over it, or to aid a third
person to exercise control over it, permanently or  for  so  extended  a
period  or  under  such circumstances as to acquire the major portion of
its economic value or benefit, or (b) to dispose of the property for the
benefit of oneself or a third person.   WHEN THE  PROPERTY  IS  PERSONAL
IDENTIFYING  INFORMATION,  COMPUTER DATA OR COMPUTER PROGRAM OF ANOTHER,
TO APPROPRIATE IT TO ONESELF OR A THIRD PERSON MEANS TO OBTAIN IT  UNDER
SUCH  CIRCUMSTANCES AS TO ACQUIRE THE ABILITY TO USE IT OR DISPOSE OF IT
TO THE ECONOMIC BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE  ECONOMIC
DETRIMENT  OR  DAMAGE  OF AN OWNER. TO APPROPRIATE A SERVICE PROVIDED BY
ANOTHER TO ONESELF OR A THIRD PERSON MEANS TO USE OR ACCESS THE  SERVICE
UNDER  SUCH  CIRCUMSTANCES  AS  TO  ACQUIRE THE ABILITY TO USE IT TO THE
ECONOMIC BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC  DETRI-
MENT OR DAMAGE OF AN OWNER.
  10. "COMPUTER PROGRAM" MEANS AN ORDERED SET OF DATA REPRESENTING CODED
INSTRUCTIONS OR STATEMENTS THAT WHEN EXECUTED BY THE COMPUTER, CAUSE THE
COMPUTER  TO  PROCESS DATA OR DIRECT THE COMPUTER TO PERFORM ONE OR MORE
COMPUTER OPERATIONS OR BOTH AND MAY BE IN ANY FORM,  INCLUDING  MAGNETIC
STORAGE  MEDIA,  OPTICAL  MEDIA,  COMPUTING  DEVICES,  PUNCHED CARDS, OR
STORED INTERNALLY IN THE MEMORY OF THE COMPUTER.
  11. "COMPUTER DATA" MEANS A REPRESENTATION OF INFORMATION,  KNOWLEDGE,
FACTS,  CONCEPT  OR INSTRUCTIONS WHICH ARE BEING PROCESSED, OR HAVE BEEN
PROCESSED IN A COMPUTER AND MAY BE IN ANY FORM INCLUDING MAGNETIC  STOR-
AGE  MEDIA,  PUNCHED  CARDS,  OR  STORED INTERNALLY IN THE MEMORY OF THE
COMPUTER.
  § 2. Paragraph (c) of subdivision 2 of section 155.05 of the penal law
is amended and a new paragraph (f) is added to read as follows:
  (c) By committing the crime of issuing a  bad  check,  as  defined  in
section 190.05, OR BY OBTAINING PROPERTY OR SERVICE BY USING OR PRESENT-
ING  A  FORM  OF  PAYMENT  OR PERSONAL IDENTIFYING INFORMATION THE ACTOR
KNOWS HE OR SHE IS NOT AUTHORIZED TO USE OR KNOWS IS EXPIRED  OR  FORGED
OR OTHERWISE NOT VALID;
  (F)  BY  THEFT OF SERVICE. THEFT OF SERVICE MEANS EITHER: (I) USING OR
ACCESSING A SERVICE IN A MANNER  THAT  OTHERWISE  REQUIRES  PAYMENT  AND
INTENTIONALLY  FAILING TO PAY FOR SUCH USE OR ACCESS BY EITHER TAMPERING
WITHOUT AUTHORITY WITH A DELIVERY, PAYMENT,  OR  MEASUREMENT  DEVICE  OR
MECHANISM,  OR  BY  ENTERING  OR  LEAVING  PREMISES WHERE THE SERVICE IS
PROVIDED BY STEALTH OR BY EVADING A PHYSICAL BARRIER, OR (II)  USING  OR
ACCESSING  A  SERVICE IN A MANNER THAT OTHERWISE REQUIRES PAYMENT OR THE
PRESENTATION OF PERSONAL IDENTIFYING INFORMATION AND USING OR PRESENTING
A FORM OF PAYMENT OR PERSONAL IDENTIFYING INFORMATION THE ACTOR KNOWS HE
OR SHE IS NOT AUTHORIZED TO USE OR KNOWS IS EXPIRED OR FORGED OR  OTHER-
WISE NOT VALID.
  §  3.  Subdivision  1 of section 155.20 of the penal law is amended to
read as follows:

S. 2406--A                          3

  1. Except as otherwise specified in  this  section,  value  means  the
market  value  of the property at the time and place of the crime, or if
such cannot be satisfactorily ascertained, the cost  of  replacement  of
the  property  within  a reasonable time after the crime. WITH REGARD TO
SERVICE,  VALUE SHALL ALSO MEAN THE COST OF PROVIDING THE SERVICE AT THE
TIME OF THE CRIME, AND WITH REGARD TO THE  VALUE  OF  COMPUTER  DATA  OR
COMPUTER  PROGRAM  VALUE  SHALL  MEAN THE REPLACEMENT COST OR THE MARKET
VALUE AT THE TIME AND PLACE OF THE CRIME, OR THE COST TO WRITE OR DEVEL-
OP SUCH DATA AND/OR PROGRAM, WHICHEVER IS GREATER.
  § 4. The penal law is amended by adding a new section 155.23  to  read
as follows:
§ 155.23 PETIT THEFT OF SERVICE.
  A  PERSON  IS GUILTY OF PETIT THEFT OF SERVICE WHEN HE OR SHE STEALS A
SERVICE.
  PETIT THEFT OF SERVICE IS A CLASS B MISDEMEANOR.
  § 5. Section 155.25 of the penal law is amended to read as follows:
§ 155.25 Petit larceny.
  A person is guilty of petit larceny when he OR SHE steals property, OR
STEALS A SERVICE AND THE VALUE  OF  THE  SERVICE  EXCEEDS  FIVE  HUNDRED
DOLLARS.
  Petit larceny is a class A misdemeanor.
  §  6.  The  opening  paragraph  and subdivisions 1, 4 and 6 of section
155.30 of the penal law, the opening paragraph and subdivisions 1 and  6
as  amended by chapter 515 of the laws of 1986, subdivision 4 as amended
by chapter 556 of the laws of 1987, are amended to read as follows:
  A person is guilty of grand larceny in the fourth degree  when  he  OR
SHE steals property OR A SERVICE and when:
  1.  The value of the property OR SERVICE exceeds one thousand dollars;
or
  4. The property consists of a credit card or debit  card  OR  PERSONAL
IDENTIFYING INFORMATION; or
  6.  The  property  OR  SERVICE, regardless of its nature and value, is
obtained by extortion; or
  § 7. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
§ 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when he or she
steals property OR A SERVICE and:
  1. when the value of the property exceeds three thousand dollars, or
  2. the property is an automated teller machine or the contents  of  an
automated teller machine, OR
  3.  THE PROPERTY IS PERSONAL IDENTIFYING INFORMATION OF TWENTY-FIVE OR
MORE PERSONS.
  Grand larceny in the third degree is a class D felony.
  § 8. Section 155.40 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 155.40 Grand larceny in the second degree.
  A person is guilty of grand larceny in the second degree  when  he  OR
SHE steals property OR A SERVICE and when:
  1.  The  value  of  the  property  OR  SERVICE  exceeds fifty thousand
dollars; or
  2. The property OR SERVICE, regardless of its  nature  and  value,  is
obtained  by extortion committed by instilling in the victim a fear that
the actor or another person will  (a)  cause  physical  injury  to  some
person  in  the  future,  or (b) cause damage to property, or (c) use or
abuse his OR HER position as a public servant  by  engaging  in  conduct

S. 2406--A                          4

within or related to his OR HER official duties, or by failing or refus-
ing to perform an official duty, in such manner as to affect some person
adversely, OR
  3.  THE PROPERTY IS PERSONAL IDENTIFYING INFORMATION OF ONE HUNDRED OR
MORE PERSONS.
  Grand larceny in the second degree is a class C felony.
  § 9. Section 155.42 of the penal law, as added by chapter 515  of  the
laws of 1986, is amended to read as follows:
§ 155.42 Grand larceny in the first degree.
  A person is guilty of grand larceny in the first degree when he OR SHE
steals  property  OR  A  SERVICE  and  when the value of the property OR
SERVICE exceeds one million dollars; OR THE PROPERTY IS PERSONAL IDENTI-
FYING INFORMATION OF ONE THOUSAND OR MORE PERSONS.
  Grand larceny in the first degree is a class B felony.
  § 10. Subdivisions 5 and 8 of section 156.00 of the penal law,  subdi-
vision  5  as  amended  and subdivision 8 as added by chapter 558 of the
laws of 2006, are amended to read as follows:
  5. "Computer material" is property and  means  any  computer  data  or
computer program which:
  (a) contains records of the medical history or medical treatment of an
identified  or readily identifiable individual or individuals. This term
shall not apply to the gaining access to or duplication  solely  of  the
medical  history or medical treatment records of a person by that person
or by another specifically authorized by the person  whose  records  are
gained access to or duplicated; or
  (b) contains records maintained by the state or any political subdivi-
sion  thereof or any governmental instrumentality within the state which
contains any information concerning a person, as defined in  subdivision
seven  of  section 10.00 of this chapter, which because of name, number,
symbol, mark or other identifier, can be used to identify the person and
which is otherwise prohibited by law from  being  disclosed.  This  term
shall  not  apply  to  the  gaining  access  to or duplication solely of
records of a person by that person or by another specifically authorized
by the person whose records are gained access to or duplicated; or
  (c) is not and is not intended to be available to  anyone  other  than
the  person  or  persons  rightfully  in  possession thereof or selected
persons having access thereto with his, her or their consent  and  which
[accords  or  may  accord  such  rightful  possessors  an advantage over
competitors or other persons who do not have knowledge  or  the  benefit
thereof] ANY PERSON, OTHER THAN A PERSON RIGHTFULLY IN POSSESSION, KNOWS
OR SHOULD KNOW IS NOT INTENDED TO BE AVAILABLE TO HIM OR HER.
  8.  "Without  authorization"  means  to  use  or to access a computer,
computer service or computer network without the permission of the owner
or lessor or someone licensed or privileged by the owner or lessor where
such person knew that his or her use or access was without permission or
after actual notice to such person that such use or access  was  without
permission, OR THAT SUCH USE OR ACCESS WAS FOR PURPOSES OTHER THAN THOSE
FOR  WHICH  PERMISSION  WAS  GRANTED  BY  THE  OWNER, LESSOR, OR SOMEONE
LICENSED OR PRIVILEGED BY SUCH OWNER OR LESSOR.  It shall also mean  the
access  of  a computer service by a person without permission where such
person knew that such access was  without  permission  or  after  actual
notice to such person, that such access was without permission.
  Proof  that  such person used or accessed a computer, computer service
or computer network through the knowing use of a  set  of  instructions,
code  or  computer  program that bypasses, defrauds or otherwise circum-
vents a security measure installed or used with the user's authorization

S. 2406--A                          5

on the computer, computer service or computer network shall be  presump-
tive  evidence that such person used or accessed such computer, computer
service or computer network without authorization.
  §  11.  Section  156.20 of the penal law, as amended by chapter 558 of
the laws of 2006, is amended to read as follows:
§ 156.20 Computer tampering in the [fourth] FIFTH degree.
  A person is guilty of computer tampering in the [fourth] FIFTH  degree
when he or she uses, causes to be used, or accesses a computer, computer
service,  or computer network without authorization and he or she inten-
tionally alters in any manner or destroys computer data  or  a  computer
program of another person.
  Computer tampering in the [fourth] FIFTH degree is a class A misdemea-
nor.
  § 12. Section 156.25 of the penal law, as amended by chapter 89 of the
laws  of  1993,  subdivision  2 as amended by chapter 376 of the laws of
1997, is amended to read as follows:
§ 156.25 Computer tampering in the [third] FOURTH degree.
  A person is guilty of computer tampering in the third degree  when  he
OR  SHE  commits  the  crime of computer tampering in the [fourth] FIFTH
degree and:
  1. he OR SHE does so with an intent to commit or attempt to commit  or
further the commission of any felony; or
  2.  he  OR  SHE  has been previously convicted of any crime under this
article or subdivision eleven of section 165.15 of this chapter; or
  3. he OR SHE intentionally alters in any manner or  destroys  computer
material; or
  4.  he  OR SHE intentionally alters in any manner or destroys computer
data or a computer program so as to cause damages in an aggregate amount
exceeding one thousand dollars.
  Computer tampering in the [third] FOURTH degree is a class E felony.
  § 13. Section 156.26 of the penal law, as amended by  chapter  590  of
the laws of 2008, is amended to read as follows:
§ 156.26 Computer tampering in the [second] THIRD degree.
  A  person is guilty of computer tampering in the [second] THIRD degree
when he or she commits the crime of computer  tampering  in  the  fourth
degree and he or she intentionally alters in any manner or destroys:
  1.  computer  data  or a computer program so as to cause damages in an
aggregate amount exceeding three thousand dollars; or
  2. computer material that contains records of the medical  history  or
medical treatment of an identified or readily identifiable individual or
individuals  and  as  a  result  of such alteration or destruction, such
individual or individuals suffer serious physical injury, and he or  she
is  aware  of and consciously disregards a substantial and unjustifiable
risk that such serious physical injury may occur.
  Computer tampering in the [second] THIRD degree is a class D felony.
  § 14. Section 156.27 of the penal law, as added by chapter 89  of  the
laws of 1993, is amended to read as follows:
§ 156.27 Computer tampering in the [first] SECOND degree.
  A  person is guilty of computer tampering in the [first] SECOND degree
when he OR SHE commits the crime of computer  tampering  in  the  fourth
degree  and  he  OR  SHE  intentionally alters in any manner or destroys
computer data or a computer program so as to cause damages in an  aggre-
gate amount exceeding fifty thousand dollars.
  Computer tampering in the [first] SECOND degree is a class C felony.
  §  15. The penal law is amended by adding a new section 156.28 to read
as follows:

S. 2406--A                          6

§ 156.28 COMPUTER TAMPERING IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF COMPUTER TAMPERING IN THE FIRST DEGREE WHEN HE
OR SHE COMMITS THE CRIME OF COMPUTER TAMPERING IN THE FIFTH  DEGREE  AND
HE  OR  SHE INTENTIONALLY ALTERS IN ANY MANNER OR DESTROYS COMPUTER DATA
OR A COMPUTER PROGRAM AND THEREBY CAUSES DAMAGES IN AN AGGREGATE  AMOUNT
OF ONE MILLION DOLLARS OR MORE.
  COMPUTER TAMPERING IN THE FIRST DEGREE IS A CLASS B FELONY.
  §  16.  The  penal  law is amended by adding five new sections 156.60,
156.65, 156.70, 156.75 and 156.80 to read as follows:
§ 156.60 DENIAL OF SERVICE  ATTACK  ON  A  COMPUTER,  COMPUTER  SERVICE,
           COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIFTH DEGREE.
  A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE,  COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIFTH DEGREE WHEN
HE OR SHE ACTING ALONE OR WITH OTHERS KNOWINGLY CAUSES THE  TRANSMISSION
OF  A PROGRAM, INFORMATION, CODE, OR COMMAND, OR OTHER ELECTRONIC COMMU-
NICATION, AND AS A RESULT  OF  SUCH  CONDUCT,  INTENTIONALLY  MAKES  THE
COMPUTER, COMPUTER SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK TEMPO-
RARILY OR INDEFINITELY UNAVAILABLE TO ITS INTENDED USERS.
  DENIAL  OF  SERVICE  ATTACK  ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE FIFTH DEGREE IS A CLASS A  MISDEMEA-
NOR.
§ 156.65 DENIAL  OF  SERVICE  ATTACK  ON  A  COMPUTER, COMPUTER SERVICE,
           COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FOURTH DEGREE WHEN
HE OR SHE COMMITS THE CRIME OF DENIAL OF SERVICE ATTACK ON  A  COMPUTER,
COMPUTER  SERVICE,  COMPUTER  PROGRAM,  OR COMPUTER NETWORK IN THE FIFTH
DEGREE AND THEREBY CAUSES DAMAGES OR  LOSS  THAT  EXCEEDS  ONE  THOUSAND
DOLLARS  TO  ANOTHER  PERSON  OR  PERSONS,  AND/OR ONE OR MORE FINANCIAL
INSTITUTIONS AND/OR OTHER BUSINESSES.
  DENIAL OF SERVICE ATTACK ON A  COMPUTER,  COMPUTER  SERVICE,  COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE FOURTH DEGREE IS A CLASS E FELONY.
§ 156.70 DENIAL  OF  SERVICE  ATTACK  ON  A  COMPUTER, COMPUTER SERVICE,
           COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A  COMPUTER  IN  THE
THIRD  DEGREE  WHEN  HE  OR  SHE  COMMITS THE CRIME OF DENIAL OF SERVICE
ATTACK ON A COMPUTER, COMPUTER SERVICE, COMPUTER  PROGRAM,  OR  COMPUTER
NETWORK  IN  THE  FIFTH  DEGREE  AND THEREBY CAUSES DAMAGES OR LOSS THAT
EXCEEDS THREE THOUSAND DOLLARS TO ANOTHER PERSON OR PERSONS,  AND/OR  TO
ONE  OR  MORE FINANCIAL INSTITUTIONS AND/OR OTHER BUSINESSES, OR COMMITS
OR ATTEMPTS TO COMMIT A CLASS D FELONY OR HIGHER LEVEL CRIME OR ACTS  AS
AN ACCESSORY TO THE COMMISSION OF A CLASS D OR HIGHER LEVEL FELONY.
  DENIAL  OF  SERVICE  ATTACK  ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE THIRD DEGREE IS A CLASS D FELONY.
§ 156.75 DENIAL OF SERVICE  ATTACK  ON  A  COMPUTER,  COMPUTER  SERVICE,
           COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE SECOND DEGREE WHEN
HE  OR  SHE COMMITS THE CRIME OF DENIAL OF SERVICE ATTACK ON A COMPUTER,
COMPUTER SERVICE, COMPUTER PROGRAM, OR COMPUTER  NETWORK  IN  THE  FIFTH
DEGREE  AND  THEREBY  CAUSES DAMAGES OR LOSS THAT EXCEEDS FIFTY THOUSAND
DOLLARS TO ANOTHER PERSON  OR  PERSONS,  AND/OR  FINANCIAL  INSTITUTIONS
AND/OR  OTHER  BUSINESSES,  OR  COMMITS  OR ATTEMPTS TO COMMIT A CLASS C
FELONY OR HIGHER LEVEL CRIME OR ACTS AS AN ACCESSORY IN  THE  COMMISSION
OF A CLASS C OR HIGHER LEVEL FELONY.

S. 2406--A                          7

  DENIAL  OF  SERVICE  ATTACK  ON A COMPUTER, COMPUTER SERVICE, COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE SECOND DEGREE IS A CLASS C FELONY.
§ 156.80 DENIAL  OF  SERVICE  ATTACK  ON  A  COMPUTER, COMPUTER SERVICE,
           COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF DENIAL OF SERVICE ATTACK ON A COMPUTER, COMPUTER
SERVICE, COMPUTER PROGRAM, OR COMPUTER NETWORK IN THE FIRST DEGREE  WHEN
HE  OR  SHE COMMITS THE CRIME OF DENIAL OF SERVICE ATTACK ON A COMPUTER,
COMPUTER SERVICE, COMPUTER PROGRAM, OR COMPUTER  NETWORK  IN  THE  FIFTH
DEGREE  AND  THEREBY  CAUSES  DAMAGES  OR  LOSS THAT EXCEEDS ONE MILLION
DOLLARS TO ANOTHER PERSON OR  PERSONS,  AND/OR  ONE  OR  MORE  FINANCIAL
INSTITUTIONS AND/OR OTHER BUSINESSES, OR COMMITS OR ATTEMPTS TO COMMIT A
CLASS  B  FELONY  OR  HIGHER  LEVEL CRIME OR ACTS AS AN ACCESSORY IN THE
COMMISSION ON A CLASS B OR HIGHER LEVEL FELONY.
  DENIAL OF SERVICE ATTACK ON A  COMPUTER,  COMPUTER  SERVICE,  COMPUTER
PROGRAM, OR COMPUTER NETWORK IN THE FIRST DEGREE IS A CLASS B FELONY.
  §  17. Subdivision 2 of section 165.45 of the penal law, as amended by
chapter 81 of the laws of 1995, is amended to read as follows:
  2. The property consists of a credit card, debit card or public  bene-
fit  card,  OR  PERSONAL  IDENTIFYING  INFORMATION AS DEFINED IN SECTION
190.77 OF THIS CHAPTER; or
  § 18. Section 165.50 of the penal law, as amended by  chapter  515  of
the laws of 1986, is amended to read as follows:
§ 165.50 Criminal possession of stolen property in the third degree.
  A  person  is  guilty of criminal possession of stolen property in the
third degree when he OR SHE knowingly possesses  stolen  property,  with
intent  to  benefit  himself  OR HERSELF or a person other than an owner
thereof or to impede the recovery by an  owner  thereof,  and  when  the
value  of  the  property exceeds three thousand dollars, OR THE PROPERTY
CONSISTED OF THE PERSONAL IDENTIFYING INFORMATION OF TWENTY-FIVE OR MORE
PERSONS.
  Criminal possession of stolen property in the third degree is a  class
D felony.
  §  19. Section 165.52 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 165.52 Criminal possession of stolen property in the second degree.
  A person is guilty of criminal possession of stolen  property  in  the
second  degree  when he OR SHE knowingly possesses stolen property, with
intent to benefit himself OR HERSELF or a person  other  than  an  owner
thereof  or  to  impede  the  recovery by an owner thereof, and when the
value of the property exceeds fifty thousand dollars,  OR  THE  PROPERTY
CONSISTS  OF THE PERSONAL IDENTIFYING INFORMATION OF ONE HUNDRED OR MORE
PERSONS.
  Criminal possession of stolen property in the second degree is a class
C felony.
  § 20. Section 165.54 of the penal law, as added by chapter 515 of  the
laws of 1986, is amended to read as follows:
§ 165.54 Criminal possession of stolen property in the first degree.
  A  person  is  guilty of criminal possession of stolen property in the
first degree when he OR SHE knowingly possesses  stolen  property,  with
intent  to  benefit  himself  OR HERSELF or a person other than an owner
thereof or to impede the recovery by an owner, and when the value of the
property exceeds one million dollars, OR THE PROPERTY  CONSISTS  OF  THE
PERSONAL IDENTIFYING INFORMATION OF ONE THOUSAND OR MORE PERSONS.
  Criminal  possession of stolen property in the first degree is a class
B felony.

S. 2406--A                          8

  § 21. Sections 190.60 and 190.65 of the penal law are REPEALED and six
new sections 190.60, 190.61, 190.62, 190.63, 190.64 and 190.65 are added
to read as follows:
§ 190.60 SCHEME TO DEFRAUD DEFINED.
  1. A PERSON ENGAGES IN A SCHEME TO DEFRAUD WHEN HE OR SHE ENGAGES IN A
SCHEME  CONSTITUTING  A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT
TO DEFRAUD AT LEAST ONE PERSON OR TO OBTAIN PROPERTY OR SERVICE FROM  AT
LEAST  ONE  PERSON  BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND SO OBTAINS PROPERTY OR SERVICE FROM AT LEAST ONE PERSON.
  2. PROPERTY, SERVICE, COMPUTER DATA AND COMPUTER  PROGRAM  SHALL  HAVE
THE MEANINGS SET FORTH IN SECTION 155.00 OF THIS CHAPTER.
  3. IN ANY PROSECUTION OF A SCHEME TO DEFRAUD, IT SHALL BE NECESSARY TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY OR SERVICE, BUT IT SHALL NOT BE NECESSARY TO PROVE THE
IDENTITY OF ANY OTHER INTENDED VICTIM, PROVIDED THAT IN A PROSECUTION OF
A SCHEME TO DEFRAUD PURSUANT TO SUBDIVISION THREE OF SECTION  190.62  OF
THIS  ARTICLE,  IT  SHALL BE NECESSARY TO PROVE THE IDENTITY OF AT LEAST
ONE SUCH VULNERABLE ELDERLY PERSON.
§ 190.61 SCHEME TO DEFRAUD IN THE FIFTH DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIFTH DEGREE WHEN  HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD.
  SCHEME TO DEFRAUD IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
§ 190.62 SCHEME TO DEFRAUD IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FOURTH DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
  1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM TEN OR MORE PERSONS; OR
  2.  THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS ONE THOUSAND
DOLLARS; OR
  3. INTENDS TO OBTAIN AND DOES OBTAIN PROPERTY OR SERVICE FROM AT LEAST
ONE VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION
260.31 OF THIS CHAPTER.
  SCHEME TO DEFRAUD IN THE FOURTH DEGREE IS A CLASS E FELONY.
§ 190.63 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE WHEN  HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
  1.  INTENDS  TO  OBTAIN  PROPERTY  OR SERVICE FROM TWENTY-FIVE OR MORE
PERSONS; OR
  2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS  THREE  THOU-
SAND DOLLARS.
  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
§ 190.64 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
  1.  INTENDS  TO  OBTAIN  PROPERTY  OR SERVICE FROM ONE HUNDRED OR MORE
PERSONS; OR
  2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS  FIFTY  THOU-
SAND DOLLARS.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
§ 190.65 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
  1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM  ONE  THOUSAND  OR  MORE
PERSONS; OR
  2.  THE  VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS ONE MILLION
DOLLARS.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.

S. 2406--A                          9

  § 22. Section 190.78 of the penal law, as added by chapter 619 of  the
laws of 2002, is amended to read as follows:
§ 190.78 Identity theft in the [third] FIFTH degree.
  A  person is guilty of identity theft in the [third] FIFTH degree when
he or she knowingly and with intent to defraud assumes the  identity  of
another person by presenting himself or herself as that other person, or
by acting as that other person or by using personal identifying informa-
tion of that other person, and thereby:
  1.  obtains  goods,  money, property or services or uses credit in the
name of such other person or causes financial loss to such person or  to
another person or persons; or
  2. commits a class A misdemeanor or higher level crime.
  Identity theft in the [third] FIFTH degree is a class A misdemeanor.
  §  23. Section 190.79 of the penal law, as added by chapter 619 of the
laws of 2002, subdivision 4 as amended by chapter 279  of  the  laws  of
2008, is amended to read as follows:
§ 190.79 Identity theft in the [second] FOURTH degree.
  A person is guilty of [identify] IDENTITY theft in the [second] FOURTH
degree  when  he or she knowingly and with intent to defraud assumes the
identity of another person by presenting  himself  or  herself  as  that
other  person,  or  by  acting as that other person or by using personal
identifying information of that other person, and thereby:
  1. obtains goods, money, property or services or uses  credit  in  the
name  of  such  other  person  in  an aggregate amount that exceeds five
hundred dollars; or
  2. causes financial loss to  such  person  or  to  another  person  or
persons in an aggregate amount that exceeds five hundred dollars; or
  3.  commits  or attempts to commit a felony or acts as an accessory to
the commission of a felony; or
  4. commits the crime of identity theft in the [third] FIFTH degree  as
defined  in  section  190.78  of  this  article  and has been previously
convicted within the last [five years of identity  theft  in  the  third
degree as defined in section 190.78, identity theft in the second degree
as  defined  in  this  section,  identity  theft  in the first degree as
defined in section 190.80, unlawful possession of  personal  identifica-
tion  information  in  the  third  degree  as defined in section 190.81,
unlawful possession of personal identification information in the second
degree as defined in section 190.82,  unlawful  possession  of  personal
identification  information  in  the  first degree as defined in section
190.83, unlawful possession of a skimmer device in the second degree  as
defined  in  section  190.85, unlawful possession of a skimmer device in
the first degree as defined in section  190.86,  grand  larceny  in  the
fourth  degree  as defined in section 155.30, grand larceny in the third
degree as defined in section 155.35, grand larceny in the second  degree
as  defined  in  section  155.40 or grand larceny in the first degree as
defined in section 155.42 of this chapter] TEN YEARS, EXCLUDING ANY TIME
PERIOD DURING WHICH SUCH PERSON WAS INCARCERATED FOR ANY REASON, OF  ANY
CRIME IN THIS ARTICLE OR ARTICLE ONE HUNDRED SEVENTY OF THIS CHAPTER, OR
OF  ANY  LARCENY  CRIME  AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE OF
THIS CHAPTER, OR OF ANY CRIMINAL POSSESSION OF STOLEN PROPERTY CRIME  AS
DEFINED  IN ARTICLE ONE HUNDRED SIXTY-FIVE OF THIS CHAPTER; OR HE OR SHE
KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY  OF  THREE  OR
MORE  PERSONS  BY  PRESENTING  HIMSELF OR HERSELF AS THOSE PERSONS OR BY
ACTING AS THOSE PERSONS OR BY USING PERSONAL IDENTIFYING INFORMATION  OF
ANY  OF  THOSE  PERSONS  AND  THEREBY  OBTAINS GOODS, MONEY, PROPERTY OR
SERVICES OR USES CREDIT IN THE NAME OF AT  LEAST  ONE  SUCH  PERSON,  OR

S. 2406--A                         10

CAUSES  FINANCIAL  LOSS TO AT LEAST ONE SUCH PERSON OR TO ANOTHER PERSON
OR PERSONS.
  Identity theft in the [second] FOURTH degree is a class E felony.
  §  24. Section 190.80 of the penal law, as added by chapter 619 of the
laws of 2002, subdivision 4 as amended by chapter 279  of  the  laws  of
2008, is amended to read as follows:
§ 190.80 Identity theft in the [first] THIRD degree.
  A  person is guilty of identity theft in the [first] THIRD degree when
he or she knowingly and with intent to defraud assumes the  identity  of
another person by presenting himself or herself as that other person, or
by acting as that other person or by using personal identifying informa-
tion of that other person, and thereby:
  1.  obtains  goods,  money, property or services or uses credit in the
name of such other person in an aggregate amount that exceeds two  thou-
sand dollars; or
  2.  causes  financial  loss  to  such  person  or to another person or
persons in an aggregate amount that exceeds two thousand dollars; or
  3. commits or attempts to commit a class  D  felony  or  higher  level
crime  or  acts as an accessory in the commission of a class D or higher
level felony; or
  4. commits the crime of identity theft in the [second]  FOURTH  degree
as  defined  in  section  190.79 of this article and has been previously
convicted within the last [five years of identity  theft  in  the  third
degree as defined in section 190.78, identity theft in the second degree
as  defined  in  section  190.79,  identity theft in the first degree as
defined in this section, unlawful possession of personal  identification
information  in  the third degree as defined in section 190.81, unlawful
possession of personal identification information in the  second  degree
as  defined in section 190.82, unlawful possession of personal identifi-
cation information in the first degree as  defined  in  section  190.83,
unlawful  possession of a skimmer device in the second degree as defined
in section 190.85, unlawful possession of a skimmer device in the  first
degree  as defined in section 190.86, grand larceny in the fourth degree
as defined in section 155.30, grand  larceny  in  the  third  degree  as
defined in section 155.35, grand larceny in the second degree as defined
in  section  155.40  or  grand larceny in the first degree as defined in
section 155.42 of this chapter] TEN YEARS,  EXCLUDING  ANY  TIME  PERIOD
DURING  WHICH  SUCH PERSON WAS INCARCERATED FOR ANY REASON, OF ANY CRIME
IN THIS ARTICLE OR ARTICLE ONE HUNDRED SEVENTY OF THIS  CHAPTER,  OR  OF
ANY  LARCENY  CRIME AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS
CHAPTER, OR OF ANY CRIMINAL  POSSESSION  OF  STOLEN  PROPERTY  CRIME  AS
DEFINED  IN  ARTICLE  ONE HUNDRED SIXTY-FIVE OF THIS CHAPTER; OR ASSUMES
THE IDENTITY OF TEN OR MORE PERSONS BY PRESENTING HIMSELF OR HERSELF  AS
THOSE  OTHER  PERSONS,  OR BY ACTING AS THOSE OTHER PERSONS, OR BY USING
PERSONAL IDENTIFYING INFORMATION OF THOSE  OTHER  PERSONS,  AND  THEREBY
OBTAINING  GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE NAME
OF AT LEAST ONE SUCH PERSON, OR CAUSES FINANCIAL LOSS TO  AT  LEAST  ONE
SUCH PERSON, TO ANOTHER PERSON OR PERSONS.
  Identity theft in the [first] THIRD degree is a class D felony.
  §  25.  Section  190.80-a of the penal law, as added by chapter 226 of
the laws of 2008, is renumbered section 190.80-c and  amended,  and  two
new sections 190.80-a and 190.80-b are added to read as follows:
§ 190.80-A IDENTITY THEFT IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN:
  1. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
OF ANOTHER PERSON BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON,

S. 2406--A                         11

OR  BY  ACTING  AS  THAT  OTHER  PERSON OR BY USING PERSONAL IDENTIFYING
INFORMATION OF THAT OTHER PERSON, AND THEREBY:
  A.  OBTAINS  GOODS,  MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT  THAT  EXCEEDS  TWENTY-
FIVE THOUSAND DOLLARS; OR
  B.  CAUSES  FINANCIAL LOSS TO SUCH PERSON TO ANOTHER PERSON OR PERSONS
IN AN AGGREGATE AMOUNT THAT EXCEEDS TWENTY-FIVE THOUSAND DOLLARS; OR
  C. COMMITS OR ATTEMPTS TO COMMIT A CLASS  C  FELONY  OR  HIGHER  LEVEL
CRIME  OR  ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C OR HIGHER
LEVEL FELONY; OR
  D. COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS  DEFINED
IN  SECTION  190.80  OF  THIS  ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST TEN YEARS, EXCLUDING ANY TIME DURING WHICH  SUCH  PERSON
WAS INCARCERATED FOR ANY REASON, OF ANY CRIME IN THIS ARTICLE OR ARTICLE
ONE  HUNDRED SEVENTY OF THIS CHAPTER, OR ANY LARCENY CRIME AS DEFINED IN
ARTICLE ONE HUNDRED FIFTY-FIVE OF  THIS  CHAPTER,  OR  OF  ANY  CRIMINAL
POSSESSION  OF  STOLEN  PROPERTY CRIME AS DEFINED IN ARTICLE ONE HUNDRED
SIXTY-FIVE OF THIS CHAPTER; OR
  2. ASSUMES THE IDENTITY OF TWENTY-FIVE OR MORE  PERSON  BY  PRESENTING
HIMSELF  OR  HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER
PERSONS, OR BY USING PERSONAL IDENTIFYING  INFORMATION  OF  THOSE  OTHER
PERSONS,  AND  THEREBY  OBTAINS GOODS, MONEY, PROPERTY OR OR SERVICES OR
USES CREDIT IN THE NAME OF AT LEAST ONE SUCH PERSON, OR CAUSES FINANCIAL
LOSS TO AT LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE SECOND DEGREE OF A CLASS C FELONY.
§ 190.80-B IDENTITY THEFT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE WHEN:
  1. HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY
OF ANOTHER PERSON BY PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON,
OR BY ACTING AS THAT OTHER  PERSON  OR  BY  USING  PERSONAL  IDENTIFYING
INFORMATION, AND THEREBY:
  A.  OBTAINS  GOODS,  MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  FIVE
HUNDRED THOUSAND DOLLARS; OR
  B.  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON  OR TO ANOTHER PERSON OR
PERSONS IN AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  FIVE  HUNDRED  THOUSAND
DOLLARS; OR
  C.  COMMITS  OR  ATTEMPTS  TO  COMMIT A CLASS B FELONY OR HIGHER LEVEL
CRIME OR ACT AS AN ACCESSORY IN THE COMMISSION OF A CLASS  B  OR  HIGHER
LEVEL FELONY; OR
  D. COMMITS THE CRIME OF IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED
IN  SECTION  190.80-A  OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED
WITHIN THE LAST TEN YEARS, EXCLUDING ANY TIME DURING WHICH  SUCH  PERSON
WAS INCARCERATED FOR ANY REASON, OF ANY CRIME IN THIS ARTICLE OR ARTICLE
ONE  HUNDRED SEVENTY OF THIS CHAPTER, OR OF ANY LARCENY CRIME AS DEFINED
IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS CHAPTER, OR  OF  ANY  CRIMINAL
POSSESSION  OF  STOLEN  PROPERTY CRIME AS DEFINED IN ARTICLE ONE HUNDRED
SIXTY-FIVE OF THIS CHAPTER; OR
  2. ASSUMES THE IDENTITY OF ONE HUNDRED OR MORE PERSONS  BY  PRESENTING
HIMSELF  OR  HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER
PERSONS, OR BY USING PERSONAL IDENTIFYING  INFORMATION  OF  THOSE  OTHER
PERSONS,  AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES
CREDIT IN THE NAME OF A LEAST ON SUCH PERSON, OR CAUSES  FINANCIAL  LOSS
TO AT LEAST ON SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
§ 190.80-c Aggravated identity theft.

S. 2406--A                         12

  A  person  is guilty of aggravated identity theft when he or she know-
ingly and with intent to defraud assumes the identity of another  person
by  presenting  himself or herself as that other person, or by acting as
that other person or by using personal identifying information  of  that
other  person, and knows that such person is a member of the armed forc-
es, and knows that such member is  presently  deployed  outside  of  the
continental  United  States  OR  KNOWS  THAT SUCH PERSON IS A VULNERABLE
ELDERLY PERSON OR A PHYSICALLY DISABLED PERSON AS SUCH TERMS ARE DEFINED
IN SECTION 260.31 OF THIS CHAPTER AND:
  1. thereby obtains goods, money, property or services or  uses  credit
in the name of such [member of the armed forces] INDIVIDUAL in an aggre-
gate amount that exceeds five hundred dollars; or
  2.  thereby causes financial loss to such [member of the armed forces]
INDIVIDUAL in an aggregate amount that exceeds five hundred dollars.
  Aggravated identity theft is a class D felony.
  § 26. Sections 190.85 and 190.86 of the penal law, as added by chapter
279 of the laws of 2008, are amended to read as follows:
§ 190.85 [Unlawful] CRIMINAL possession  of  a  skimmer  device  in  the
           second degree.
  1.  A  person is guilty of [unlawful] CRIMINAL possession of a skimmer
device in the second degree when he or she possesses  a  skimmer  device
with  the  intent that such device be used in furtherance of the commis-
sion of the crime of identity theft [or unlawful possession of  personal
identification  information]  as  defined  in  this  article, LARCENY AS
DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS CHAPTER;  OR  CRIMINAL
POSSESSION  OF  STOLEN PROPERTY AS DEFINED IN ARTICLE ONE HUNDRED SIXTY-
FIVE OF THIS CHAPTER.
  2. For purposes of this  article,  "skimmer  device"  means  a  device
designed  or  adapted  to obtain personal identifying information from a
credit card, debit card, public benefit card, access card or device,  or
other card or device that contains personal identifying information.
  [Unlawful]  CRIMINAL  possession  of  a  skimmer  device in the second
degree is a class [A misdemeanor] D FELONY.
§ 190.86 [Unlawful] CRIMINAL possession of a skimmer device in the first
            degree.
  A person is guilty of [unlawful]  CRIMINAL  possession  of  a  skimmer
device  in  the first degree when he or she commits the crime of [unlaw-
ful] CRIMINAL possession of a skimmer device in the second degree and he
or she has been previously convicted within  the  last  [five  years  of
identity theft in the third degree as defined in section 190.78, identi-
ty  theft  in  the  second degree as defined in section 190.79, identity
theft in the  first  degree  as  defined  in  section  190.80,  unlawful
possession of personal identification information in the third degree as
defined  in  section 190.81, unlawful possession of personal identifica-
tion information in the second degree  as  defined  in  section  190.82,
unlawful  possession of personal identification information in the first
degree as defined in section 190.83, unlawful possession  of  a  skimmer
device  in  the  second  degree  as  defined in section 190.85, unlawful
possession of a skimmer device in the first degree as  defined  in  this
section,  grand  larceny  in  the  fourth  degree  as defined in section
155.30, grand larceny in the third degree as defined in section  155.35,
grand larceny in the second degree as defined in section 155.40 or grand
larceny  in  the first degree as defined in section 155.42 of this chap-
ter] TEN YEARS, EXCLUDING ANY TIME DURING WHICH SUCH PERSON  WAS  INCAR-
CERATED  FOR  ANY  REASON,  FOR ANY CRIME IN THIS ARTICLE OR ARTICLE ONE
HUNDRED SEVENTY OF THIS CHAPTER, OR OF ANY LARCENY CRIME AS  DEFINED  IN

S. 2406--A                         13

ARTICLE  ONE  HUNDRED  FIFTY-FIVE  OF  THIS  CHAPTER, OR OF ANY CRIMINAL
POSSESSION OF STOLEN PROPERTY CRIME AS DEFINED IN  ARTICLE  ONE  HUNDRED
SIXTY-FIVE OF THIS CHAPTER.
  [Unlawful] CRIMINAL possession of a skimmer device in the first degree
is a class [E] C felony.
  §  27. Paragraph (l) of subdivision 4 of section 20.40 of the criminal
procedure law, as amended by section 3 of subpart C of part C of chapter
97 of the laws of 2011, is amended to read as follows:
  (l) An offense of identity  theft,  LARCENY,  CRIMINAL  POSSESSION  OF
STOLEN PROPERTY, or unlawful possession of personal identifying informa-
tion,  IN  WHICH THE PROPERTY STOLEN OR CRIMINALLY POSSESSED IS PERSONAL
IDENTIFYING INFORMATION OR COMPUTER DATA OR COMPUTER  PROGRAM,  and  all
criminal  acts  committed  as  part  of the same criminal transaction as
defined in subdivision two of section 40.10 of this chapter may be pros-
ecuted (i) in any county in which part of the offense took place regard-
less of whether the defendant was actually present in  such  county,  or
(ii)  in  the  county  in  which  the  person who suffers financial loss
resided at the time of the commission of the offense, or  (iii)  in  the
county  where the person whose personal identifying information was used
in the commission of the offense resided at the time of  the  commission
of the offense. The law enforcement agency of any such county shall take
a police report of the matter and provide the complainant with a copy of
such report at no charge.
  §  28.  Subdivision 2 of section 690.05 of the criminal procedure law,
as amended by chapter 504 of the laws of 1991, the opening paragraph  as
amended  by  chapter  424  of  the  laws  of 1998, is amended to read as
follows:
  2. A search warrant is a court order and process  directing  a  police
officer, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT OF THE KIND DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION, to conduct:
  (a) a search of designated premises, or of a designated vehicle, or of
a  designated  person,  OR OF ELECTRONIC RECORDS AND DATA THAT HAVE BEEN
DIRECTED UNDER THIS ARTICLE TO BE PRODUCED FROM AN  ELECTRONIC  COMMUNI-
CATION  SERVICE  OR REMOTE COMPUTING SERVICE, for the purpose of seizing
designated property or kinds of property, and to deliver any property so
obtained to the court which issued the warrant; or
  (b) a search of a designated premises for the purpose of searching for
and arresting a person who is the subject of: (i) a  warrant  of  arrest
issued  pursuant  to  this  chapter,  a superior court warrant of arrest
issued pursuant to this chapter, or a bench warrant for a felony  issued
pursuant  to this chapter, where the designated premises is the dwelling
of a third party who is not the subject of the arrest warrant; or
  (ii) a warrant of arrest issued by any other state  or  federal  court
for  an  offense  which would constitute a felony under the laws of this
state, where the designated premises is the dwelling of  a  third  party
who is not the subject of the arrest warrant.
  §  29.  Section  690.05  of  the  criminal procedure law is amended by
adding two new subdivisions 3 and 4 to read as follows:
  3. A COURT AUTHORIZED TO ISSUE  SEARCH  WARRANTS  UNDER  THIS  ARTICLE
SHALL  BE  DEEMED  A  "COURT  OF COMPETENT JURISDICTION" UNDER 18 U.S.C.
SECTION 2711(3) OF THE ELECTRONIC COMMUNICATIONS PRIVACY ACT IN  CHAPTER
121  (COMMENCING  WITH SECTION 2701) OF PART I OF TITLE 18 OF THE UNITED
STATES CODE ANNOTATED  AND  SHALL  BE  AUTHORIZED  TO  ISSUE  ORDERS  AS
PROVIDED BY FEDERAL LAW.
  4.  AS  USED  IN  THIS  ARTICLE,  THE  TERM "ELECTRONIC COMMUNICATIONS
SERVICE" MEANS ANY SERVICE WHICH PROVIDES TO USERS THEREOF  THE  ABILITY

S. 2406--A                         14

TO  SEND OR RECEIVE WIRE OR ELECTRONIC COMMUNICATIONS. "REMOTE COMPUTING
SERVICE" MEANS ANY SERVICE WHICH  PROVIDES  TO  USERS  THEREOF  COMPUTER
STORAGE  OR PROCESSING SERVICES BY MEANS OF AN ELECTRONIC COMMUNICATIONS
SYSTEM. THE TERMS "ELECTRONIC COMMUNICATION SERVICE" AND "REMOTE COMPUT-
ING SERVICE" SHALL BE CONSTRUED IN ACCORDANCE WITH THE ELECTRONIC COMMU-
NICATIONS  PRIVACY  ACT IN CHAPTER 121 (COMMENCING WITH SECTION 2701) OF
PART I OF TITLE 18 OF THE UNITED  STATE  CODE  ANNOTATED.  THIS  SECTION
SHALL  NOT  APPLY  TO CORPORATIONS THAT DO NOT PROVIDE THOSE SERVICES TO
THE GENERAL PUBLIC.
  § 30. Subdivision 1 of section 690.15 of the criminal procedure law is
amended to read as follows:
  1.   A search warrant must direct a search  of  one  or  more  of  the
following:
  (a)  A designated or described place or premises;
  (b)    A  designated  or described vehicle, as that term is defined in
section 10.00 of the penal law;
  (c)  A designated or described person[.];
  (D) A DESIGNATED OR  DESCRIBED  ELECTRONIC  COMMUNICATION  SERVICE  OR
REMOTE COMPUTING SERVICE.
  §  31. Section 690.20 of the criminal procedure law is amended to read
as follows:
§ 690.20 Search warrants; where executable.
  1.  A search warrant issued by a district court,  the  New  York  City
criminal  court  or  a  superior court judge sitting as a local criminal
court may be executed pursuant to its terms anywhere in the state.
  (A) NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SUBDIVISION,  A  SEARCH
WARRANT  DIRECTING  THE PRODUCTION OF ELECTRONIC RECORDS AND DATA FROM A
DESIGNATED OR  DESCRIBED  ELECTRONIC  COMMUNICATION  SERVICE  OR  REMOTE
COMPUTING SERVICE, MAY BE EXECUTED ON:
  (I) ANY COMPANY, CORPORATION OR ENTITY WHICH IS HEADQUARTERED OR OPER-
ATES WITHIN THE STATE OF NEW YORK; OR
  (II)  ANY  COMPANY,  CORPORATION  OR  ENTITY WHICH IS HEADQUARTERED OR
OPERATES OUTSIDE OF THE STATE OF NEW YORK, AND  WHICH  CONDUCTS  REGULAR
BUSINESS IN NEW YORK; OR
  (III)  ANY  COMPANY WHICH OFFERS SERVICES TO RESIDENTS OF NEW YORK, OR
DOES BUSINESS IN NEW YORK UNDER A CONTRACT OR TERMS OF SERVICE AGREEMENT
WITH A RESIDENT OF THIS STATE, IF ANY PART OF THAT CONTRACT OR AGREEMENT
IS TO BE PERFORMED IN NEW YORK.
  (B) SERVICE ON ANY ELECTRONIC COMMUNICATION SERVICE OR REMOTE  COMPUT-
ING  SERVICE  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, MAY BE MADE
BY PERSONAL DELIVERY WITHIN THE STATE, BY REGISTERED OR CERTIFIED  MAIL.
SERVICE  MAY  ALSO BE MADE BY FACSIMILE OR OTHER ELECTRONIC MEANS IF THE
SERVICE IS ACCOMPANIED WITH A CERTIFICATION FROM THE SENDER THAT  SENDER
IS  A  POLICE  OFFICER, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT OF THE
KIND SPECIFIED IN SUBDIVISION ONE OF SECTION 690.05 OF THIS ARTICLE.
  (C) PERSONAL SERVICE OR SUBSTITUTED SERVICE TO ANY ELECTRONIC COMMUNI-
CATION SERVICE OR REMOTE COMPUTING SERVICE MAY ALSO BE MADE BY A  POLICE
OFFICER, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT OF THE KIND DESCRIBED
IN  SUBDIVISION  ONE  OF SECTION 690.05 OF THIS ARTICLE, TO ANY OFFICER,
DIRECTOR, MANAGING OR GENERAL AGENT,  OR  ANY  OTHER  EMPLOYEE  OF  SUCH
COMPANY OR ENTITY ACTUALLY PRESENT IN NEW YORK STATE OR AT ANY OFFICE OR
PLACE  OF  DOING  BUSINESS  USED  BY SUCH ENTITY LOCATED WITHIN NEW YORK
STATE.
  (D) A SEARCH WARRANT THAT IS ISSUED PURSUANT TO SUBPARAGRAPH  (II)  OF
PARAGRAPH  (A)  OF  THIS  SUBDIVISION  SHALL  BE LIMITED IN SCOPE TO THE
DESIGNATED OR DESCRIBED ELECTRONIC RECORDS OR DATA, EITHER IN  PAPER  OR

S. 2406--A                         15

ELECTRONIC  FORM,  THAT  ARE MADE, KEPT, OR MAINTAINED BY THE ELECTRONIC
COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE, AND SHALL NOT INCLUDE
THE SEIZURE OF ANY OTHER PHYSICAL OR TANGIBLE ITEMS.
  (E)  ANY  ELECTRONIC  RECORDS  OR  DATA RESPONSIVE TO A SEARCH WARRANT
ISSUED PURSUANT TO THIS SUBDIVISION  SHALL  BE  ADMITTED  INTO  EVIDENCE
BEFORE  THE  GRAND JURY OR AT TRIAL IN ACCORD WITH THE RULES AND LAWS OF
NEW YORK STATE.
  2.  A search warrant issued by a city court, a town court or a village
court may be executed pursuant to its terms only in the county of  issu-
ance or an adjoining county.
  3.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION TO THE CONTRARY
NOTWITHSTANDING, A SEARCH WARRANT DIRECTING THE SEARCH OF  A  DESIGNATED
OR  DESCRIBED  ELECTRONIC  COMMUNICATION  SERVICE  OR  REMOTE  COMPUTING
SERVICE, MAY BE EXECUTED ON ANY COMPANY, CORPORATION OR ENTITY WHICH  IS
HEADQUARTERED  OR  LOCATED  OUTSIDE  OF THE STATE OF NEW YORK, AND WHICH
CONDUCTS ITS REGULAR BUSINESS IN NEW YORK OR THAT OFFERS ITS SERVICES TO
RESIDENTS OF NEW YORK. SERVICE  ON  ANY  SUCH  ELECTRONIC  COMMUNICATION
SERVICE  OR  REMOTE  COMPUTING  SERVICE  ENTITY  MAY BE MADE BY PERSONAL
DELIVERY WITHIN THE STATE, BY REGISTERED OR CERTIFIED MAIL.  SERVICE MAY
ALSO BE MADE BY FACSIMILE OR OTHER ELECTRONIC MEANS IF  THE  SERVICE  IS
ACCOMPANIED  WITH  A CERTIFICATION FROM THE SENDER THAT SUCH SENDER IS A
POLICE OFFICER, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT  SPECIFIED  IN
SUBDIVISION  ONE  OF  SECTION 690.05 OF THIS ARTICLE. IF AN ENTITY SHALL
REFUSE SUCH SERVICE, THEN SUCH  POLICE  OFFICER,  DISTRICT  ATTORNEY  OR
OTHER  PUBLIC SERVANT LOCATED WITHIN THE JURISDICTION IN WHICH THE ELEC-
TRONIC COMMUNICATION SERVICE  OR  REMOTE  COMPUTING  SERVICE  ENTITY  IS
LOCATED  MAY SERVE THE WARRANT UPON SUCH ENTITY. A SEARCH WARRANT ISSUED
PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED IN SCOPE TO THE DESIGNATED
OR DESCRIBED ELECTRONIC RECORDS OR DATA, EITHER IN PAPER  OR  ELECTRONIC
FORM, THAT ARE MADE, KEPT, OR MAINTAINED BY THE ELECTRONIC COMMUNICATION
SERVICE  OR  REMOTE  COMPUTING  SERVICE, AND SHALL NOT INCLUDE ANY OTHER
PHYSICAL OR TANGIBLE ITEMS. ANY ELECTRONIC RECORDS OR DATA RESPONSIVE TO
A SEARCH WARRANT ISSUED PURSUANT TO THIS SUBDIVISION SHALL  BE  ADMITTED
INTO EVIDENCE BEFORE THE GRAND JURY OR AT TRIAL IN ACCORD WITH THE RULES
AND LAWS OF NEW YORK STATE.
  §  32.  Section  690.30  of  the  criminal procedure law is amended by
adding three new subdivisions 3, 4 and 5 to read as follows:
  3. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION ONE OF THIS SECTION, A
SEARCH WARRANT THAT IS ISSUED PURSUANT TO PARAGRAPH (A)  OF  SUBDIVISION
ONE OF SECTION 690.20 OF THIS ARTICLE IS DEEMED EXECUTED FOR PURPOSES OF
THIS ARTICLE AT THE TIME THAT SERVICE IS MADE UPON THE ELECTRONIC COMMU-
NICATION  SERVICE  OR  REMOTE COMPUTING SERVICE ENTITY PURSUANT TO PARA-
GRAPH (B) OR (C) OF SUBDIVISION ONE OF SECTION 690.20 OF THIS ARTICLE.
  4. A COMPANY OR ENTITY WHICH HAS  RECEIVED  A  SEARCH  WARRANT  ISSUED
PURSUANT  TO  SUBDIVISION  ONE  OF SECTION 690.20 OF THIS ARTICLE, SHALL
PRODUCE AS REQUIRED BY THE SEARCH WARRANT ANY AND ALL RECORDS  IN  THEIR
POSSESSION  WHICH  ARE  RESPONSIVE TO SUCH WARRANT, REGARDLESS WHERE ANY
SUCH RECORDS MAY BE PHYSICALLY  STORED,  MAINTAINED  OR  KEPT,  IF  SUCH
RECORDS ARE IN FACT ACCESSIBLE ELECTRONICALLY FROM SUCH COMPANY OR ENTI-
TY.  ANY  RECORDS  STORED,  MAINTAINED OR KEPT BY AN ELECTRONIC COMMUNI-
CATION SERVICE OR REMOTE COMPUTING SERVICE MAY BE PRESUMED TO BE  WITHIN
THE  DOMINION  AND  CONTROL AND POSSESSION BY SUCH COMPANIES OR ENTITIES
REGARDLESS OF WHERE SUCH RECORDS ARE PHYSICALLY LOCATED.
  5. THE PROVISION OF RECORDS BY A COMPANY OR ENTITY IN  RESPONSE  TO  A
SEARCH  WARRANT  THAT  IS  ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION
690.20 OF THIS ARTICLE SHALL PRODUCE  ALL  RECORDS  RESPONSIVE  TO  SUCH

S. 2406--A                         16

WARRANT TO THE POLICE OFFICER, DISTRICT ATTORNEY OR OTHER PUBLIC SERVANT
WHO  SERVED  THE ENTITY WITH SUCH WARRANT, WITHIN A PERIOD NOT TO EXCEED
THIRTY DAYS.
  (A)  AN  ELECTRONIC  COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE
RESPONDING TO A WARRANT UNDER THIS SECTION MAY REQUEST AN  EXTENSION  OF
THE  PERIOD  FOR  COMPLIANCE WITH A WARRANT IF EXTENUATING CIRCUMSTANCES
REASONABLY EXIST TO JUSTIFY SUCH EXTENSION. ANY  REQUEST  FOR  EXTENSION
SHALL  BE  MADE  TO  THE  COURT  WHICH ISSUED THE WARRANT AND ON WRITTEN
NOTICE TO THE POLICE OFFICER, DISTRICT ATTORNEY OR OTHER PUBLIC  SERVANT
WHO SERVED THE ENTITY WITH SUCH WARRANT.
  (B)  THE  FAILURE OF A COMPANY OR ENTITY TO TIMELY DELIVER THE RECORDS
SOUGHT BY A WARRANT ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION 690.20
OF THIS ARTICLE SHALL NOT AFFECT THE ADMISSIBILITY OF THAT EVIDENCE IN A
CRIMINAL PROCEEDING.
  (C) THE FAILURE OF A COMPANY OR ENTITY TO TIMELY DELIVER  THE  RECORDS
SOUGHT BY A WARRANT ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION 690.20
OF  THIS  ARTICLE,  IN  THE ABSENCE OF A REQUEST FOR AN EXTENSION, SHALL
CONSTITUTE PRIMA FACIE EVIDENCE OF CRIMINAL  CONTEMPT  IN  VIOLATION  OF
SUBDIVISION THREE OF SECTION 215.50 OF THE PENAL LAW.
  §  33.  Section  496.06  of  the  penal law, as added by section 14 of
subpart A of part H of chapter 55 of the laws of  2014,  is  amended  to
read as follows:
§ 496.06 Public corruption.
  1. A person commits the crime of public corruption when: (a) (i) being
a  public  servant he or she commits a specified offense through the use
of his or her public office, or (ii) being a person  acting  in  concert
with  such public servant he or she commits a specified offense, and (b)
the state or any  political  subdivision  thereof  or  any  governmental
instrumentality within the state is the owner of the property.
  2. A "specified offense" is an offense defined by any of the following
provisions  of  this  chapter:  section  155.25 (petit larceny); section
155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
larceny  in  the  third  degree);  section  155.40 (grand larceny in the
second degree); section 155.42 (grand  larceny  in  the  first  degree);
section 190.60 (scheme to defraud in the [second] FIFTH degree); SECTION
190.62  (SCHEME TO DEFRAUD IN THE FOURTH DEGREE); SECTION 190.63 (SCHEME
TO DEFRAUD IN THE THIRD DEGREE); SECTION 190.64 (SCHEME  TO  DEFRAUD  IN
THE  SECOND  DEGREE);  or section 190.65 (scheme to defraud in the first
degree).
  § 34. Section 190.77 of the penal law, as amended by  chapter  226  of
the  laws of 2008, subdivision 1 as separately amended by chapter 279 of
the laws of 2008, is amended to read as follows:
§ 190.77 Offenses involving theft of identity; definitions.
  1.  For  the  purposes  of  sections  190.78,  190.79,  190.80  [and],
190.80-a,  190.80-B, 190.80-C and 190.85 of this article "personal iden-
tifying information" means a person's name, address,  telephone  number,
date of birth, driver's license number, social security number, place of
employment,  mother's  maiden name, 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,
taxpayer  identification  number, computer system password, signature or
copy of a signature, electronic signature, unique biometric data that is
a fingerprint, voice print, retinal  image  or  iris  image  of  another
person,  telephone  calling card number, mobile identification number or
code, electronic serial number or personal identification number, or any

S. 2406--A                         17

other name, number, code or information that may be  used  alone  or  in
conjunction with other such information to assume the identity of anoth-
er person.
  2.  For  the  purposes  of  sections 190.78, 190.79, 190.80, 190.80-a,
190.80-B, 190.80-C, 190.81, 190.82 and 190.83 of this article:
  a. "electronic signature" shall have the same meaning  as  defined  in
subdivision  three  of section three hundred two of the state technology
law.
  b. "personal identification number" means any number or code which may
be used alone or in conjunction with any other information to assume the
identity of another person or access financial resources  or  credit  of
another person.
  c.  "member  of  the armed forces" shall mean a person in the military
service of the United States or  the  military  service  of  the  state,
including but not limited to, the armed forces of the United States, the
army national guard, the air national guard, the New York naval militia,
the  New York guard, and such additional forces as may be created by the
federal or state government as authorized by law.
  § 35. Subdivision 2 of section 190.83 of the penal law, as  separately
amended  by chapters 226 and 279 of the laws of 2008, is amended to read
as follows:
  2. he or she has been previously convicted within the last five  years
of  identity  theft  in  the third degree as defined in section [190.78]
190.80, identity theft in  the  second  degree  as  defined  in  section
[190.79]  190.80-A,  identity  theft  in  the first degree as defined in
section [190.80] 190.80-B, unlawful possession of  personal  identifica-
tion  information  in  the  third  degree  as defined in section 190.81,
unlawful possession of personal identification information in the second
degree as defined in section 190.82,  unlawful  possession  of  personal
identification  information  in  the  first  degree  as  defined in this
section, [unlawful] CRIMINAL possession  of  a  skimmer  device  in  the
second   degree  as  defined  in  section  190.85,  [unlawful]  CRIMINAL
possession of a skimmer device in the first degree as defined in section
190.86, grand larceny in the fourth degree as defined in section 155.30,
grand larceny in the third degree as defined in  section  155.35,  grand
larceny  in  the  second  degree  as  defined in section 155.40 or grand
larceny in the first degree as defined in section 155.42 of  this  chap-
ter; or
  § 36. Paragraph (s) of subdivision 8 of section 700.05 of the criminal
procedure  law,  as added by chapter 619 of the laws of 2002, is amended
to read as follows:
  (s) Identity theft  in  the  second  degree,  as  defined  in  section
[190.79]  190.80-A of the penal law, identity theft in the first degree,
as defined in section [190.80]  190.80-B  of  the  penal  law,  unlawful
possession  of personal identification information in the second degree,
as defined in section 190.82 of the penal law, and  unlawful  possession
of  personal  identification information in the first degree, as defined
in section 190.83 of the penal law.
  § 37. Paragraph (a) of subdivision 3 of section 490.05  of  the  penal
law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
is amended to read as follows:
  (a)  "Specified  offense" for purposes of this article means a class A
felony offense other than an offense as defined in article  two  hundred
twenty,   a   violent  felony  offense  as  defined  in  section  70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering in the first degree as defined  in  section  145.20,  identity

S. 2406--A                         18

theft  in  the  second  degree  as defined in section [190.79] 190.80-A,
identity theft in the  first  degree  as  defined  in  section  [190.80]
190.80-B,  unlawful possession of personal identification information in
the  second  degree as defined in section 190.82, unlawful possession of
personal identification information in the first degree  as  defined  in
section  190.83,  money laundering in support of terrorism in the fourth
degree as defined in section 470.21,  money  laundering  in  support  of
terrorism  in the third degree as defined in section 470.22, money laun-
dering in support of terrorism  in  the  second  degree  as  defined  in
section  470.23,  money  laundering in support of terrorism in the first
degree as defined in section 470.24 of this  chapter,  and  includes  an
attempt or conspiracy to commit any such offense.
  §  38.  Subdivision  1  and  paragraph (b) of subdivision 4 of section
60.27 of the penal law, subdivision 1 as amended by chapter 279  of  the
laws  of  2008, and paragraph (b) of subdivision 4 as amended by chapter
313 of the laws of 2011, are amended to read as follows:
  1. In addition to any of the dispositions authorized by this  article,
the  court shall consider restitution or reparation to the victim of the
crime and may require restitution or reparation as part of the  sentence
imposed  upon  a person convicted of an offense, and after providing the
district attorney with an opportunity to be heard in accordance with the
provisions of this subdivision, require the defendant to  make  restitu-
tion  of  the  fruits of his or her offense or reparation for the actual
out-of-pocket loss caused thereby and, in the case  of  a  violation  of
section  190.78, 190.79, 190.80, 190.80-A, 190.80-B, 190.82 or 190.83 of
this chapter, any costs or losses incurred due  to  any  adverse  action
taken against the victim. The district attorney shall where appropriate,
advise  the  court  at  or before the time of sentencing that the victim
seeks restitution or reparation, the extent of injury or  economic  loss
or  damage  of  the  victim, and the amount of restitution or reparation
sought by the victim in accordance  with  his  or  her  responsibilities
under  subdivision  two  of section 390.50 of the criminal procedure law
and article twenty-three of the executive law. The court shall hear  and
consider  the  information  presented  by  the district attorney in this
regard. In that event, or when the victim impact statement reports  that
the  victim  seeks  restitution  or reparation, the court shall require,
unless the interests of justice dictate otherwise, in addition to any of
the dispositions authorized by this  article  that  the  defendant  make
restitution  of  the fruits of the offense and reparation for the actual
out-of-pocket loss and, in the case of a violation  of  section  190.78,
190.79,  190.80,  190.82  or 190.83 of this chapter, any costs or losses
incurred due to any adverse action, caused thereby to the victim. In the
event that restitution or reparation are not ordered,  the  court  shall
clearly  state its reasons on the record. Adverse action as used in this
subdivision shall mean and include actual loss incurred by  the  victim,
including  an  amount equal to the value of the time reasonably spent by
the victim attempting to remediate the harm incurred by the victim  from
the offense, and the consequential financial losses from such action.
  (b)  the  term  "victim"  shall include the victim of the offense, the
representative of a crime  victim  as  defined  in  subdivision  six  of
section six hundred twenty-one of the executive law, an individual whose
identity  was assumed or whose personal identifying information was used
in violation  of  section  190.78,  190.79  [or],  190.80,  190.80-A  OR
190.80-B  of  this  chapter,  or any person who has suffered a financial
loss as a direct result of the acts  of  a  defendant  in  violation  of
section  190.78, 190.79, 190.80, 190.80-A, 190.80-B, 190.82 or 190.83 of

S. 2406--A                         19

this chapter, a good samaritan as defined in section six  hundred  twen-
ty-one  of  the executive law and the office of victim services or other
governmental agency that has received an application for or has provided
financial assistance or compensation to the victim.  A victim shall also
mean  any  owner  or  lawful  producer of a master recording, or a trade
association that represents such owner  or  lawful  producer,  that  has
suffered  injury  as  a  result  of an offense as defined in article two
hundred seventy-five of this chapter.
  § 39. Severability. If any clause, sentence,  paragraph,  subdivision,
section  or  part  of this act shall be adjudged by a court of competent
jurisdiction to be invalid, such judgment shall not  affect,  impair  or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part of this
act  directly  involved  in the controversy in which such judgment shall
have been rendered.
  § 40. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.