NY State Senate Bill 2017-S269

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

2017-S269 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §§190.60 & 190.65, amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7563
2015-2016: S95
2019-2020: S1844

2017-S269 (ACTIVE) - Summary

Establishes and redefines offenses involving fraud, scheme to de-fraud and larceny.

2017-S269 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S269

 TITLE OF BILL :

An act to amend the penal law, in relation to establishing and
redefining offenses involving fraud, scheme to defraud and larceny;
and to repeal sections 190.60 and 190.65 of such law relating thereto

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation adds provisions to the penal law relating to the
theft of service and of personal identifying information. It also
establishes the crime of scheme to defraud in the fifth, fourth,
third, second, and first degrees and establishes the crime of petit
theft of service.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends section 155.00 of the penal law to amend several
definitions under the crime of larceny. It adds personal identifying
information and secret scientific material to the definition of
"property" and adds provisions relating to personal identifying
information to the definitions of "obtain", "deprive", and
"appropriate". It also amends the definition of "owner" by clarifying
that a person may own a service or possess the right to provide a
service. It also establishes a definition of "personal identifying

information" and amends the definition of "service", "computer
program", and "computer data".

Section 2 amends paragraph (c) of subdivision 2 of section 155.05 of
the penal law to add provisions regarding obtaining property or
service through fraudulent means and regarding theft of service.

Section 3 amends subdivisions 1 and 2 of section 155.20 of the penal
law to clarify the determination of value with regard to property, to
service, and to computer data and computer programs.

Section 4 adds a new section 155.23 to the penal law which establishes
the crime of petit theft of service, and provides that it shall be a
class B misdemeanor.

Section 5 amends section 155.25 of the penal law to add theft of
service exceeding five hundred dollars to the crime of petit larceny.

Section 6 amends section 155.30 of the penal law to add language
relating to theft of service and to personal identifying information
to the definition of grand larceny in the fourth degree.

Section 7 amends section 155.35 of the penal law to add language
relating to theft of service and to personal identifying information
to the definition of grand larceny in the third degree.

Section 8 amends section 155.40 of the penal law to add language
relating to theft of service and to personal identifying information
to the definition of grand larceny in the second degree.

Section 9 amends section 155.42 of the penal law to add language
relating to theft of service and to personal identifying information
to the definition of grand larceny in the first degree.

Section 10 repeals sections 190.60 and 190.65 of the penal law.

Section 11 adds six new sections 190.60, 190.61, 190.62, 190.63,
190.64, and 190.65 to the penal law. Section 190.60 defines the crime
of scheme to defraud. Section 190.61 establishes the crime of scheme
to defraud in the fifth degree and provides that it shall be a class A
misdemeanor. Section 190.62 establishes the crime of scheme to defraud
in the fourth degree and provides that it shall be a class E felony.
Section 190.63 establishes the crime of scheme to defraud in the third
degree and provides that it shall be a class D felony.  Section 190.64
establishes the crime of scheme to defraud in the second degree and
provides that it shall be a class C felony. Section 190.65 establishes
the crime of scheme to defraud in the first degree and provides that
it shall be a class B felony.

Section 12 provides that this act shall take effect on the first of
November next succeeding the date upon which this act shall have
become a law.

 JUSTIFICATION :

This legislation is necessary to address those who are engaged in
widespread efforts to defraud the public and provide appropriate
penalties for large-scale fraudulent activity. Charging a person who
is engaged in a scheme to defraud many people out of relatively small
amounts of money would currently lead to multiple counts of petit
larceny, which is a class A misdemeanor, and would not reflect the
severity of a scheme to defraud a significant number of people out of
their income. This legislation would provide more severe penalties to
reflect the harm caused by a scheme to defraud.

This legislation also repeals convoluted statute relating to theft of
service and includes theft of service within the existing crime of
larceny. This provides an important protection against theft of a
service which rightfully belongs to another person, such as theft of
government benefits or theft of cable or utilities. This legislation
would allow higher penalties for theft of extremely valuable services
and bring our laws up to date with the modern era.

Another area in which our laws lag behind is the protection of
personal identifying information. In an age when private information
is increasingly stored online and goods and services are often
purchased online with credit cards, it is more important than ever to
ensure that theft of personal identifying information is prosecuted
appropriately. This legislation allows the theft of personal
identifying information, computer data, or a computer program to be
included under the crime of larceny when the theft of that information
or property causes significant loss of economic benefit to the owner
of that information or property.

 PRIOR LEGISLATIVE HISTORY :

S.95 of 2015-2016 (Hoylman): Died in Codes
S.7563 of 2014 (Hoylman): Died in Codes

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date upon which this act shall have become a law.

2017-S269 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    269
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 establishing and  redefin-
   ing  offenses  involving  fraud, scheme to defraud and larceny; and to
   repeal sections 190.60 and 190.65 of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  155.00 of the penal law, subdivisions 1 and 8 as
 amended by chapter 514 of the laws of 1986, subdivision 6  as  added  by
 chapter  791  of the laws of 1967, subdivision 7 as added by chapter 115
 of the laws of 1969, subdivision 7-a as added by chapter 556 of the laws
 of 1987, subdivision 7-b as added by chapter 81 of  the  laws  of  1995,
 subdivision  7-c  as  amended  by  chapter  171 of the laws of 1993, and
 subdivision 9 as added by chapter 530 of the laws of 1975, is amended to
 read as follows:
 § 155.00 Larceny; definitions of terms.
   The following definitions are applicable to this title:
   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 A COMPUTER PROGRAM, OBTAIN  INCLUDES
 DUPLICATING,  RECORDING, COPYING, DOWNLOADING, UPLOADING OR PRINTING OUT
 THE INFORMATION, DATA,  OR  PROGRAM,  OR  OBTAINING  A  PHYSICAL  OBJECT

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

                                                            LBD05181-01-7

 S. 269                              2
 
 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
 it unlikely that an owner will recover such property.  WHEN THE PROPERTY
 IS  PERSONAL  IDENTIFYING  INFORMATION,  COMPUTER  DATA  OR  A  COMPUTER
 PROGRAM,  TO  DEPRIVE  ANOTHER OF IT 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 A 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.
   5. "Owner." When property OR SERVICE is taken, obtained or withheld by
 one  person from another person, an "owner" thereof means any person who
 has a right to possession [thereof]  OF  THE  PROPERTY  OR  A  RIGHT  TO
 PROVIDE THE SERVICE superior to that of the taker, obtainer or withhold-
 er.
   A  person  who has obtained possession of property OR SERVICE by theft
 or other illegal means shall be deemed to have a right of possession  OF
 THE  PROPERTY  OR  A  RIGHT TO PROVIDE THE SERVICE superior to that of a
 person who takes, obtains or withholds it from him OR HER  by  larcenous
 means.
   A  joint  or  common  owner  of property shall not be deemed to have a
 right of possession thereto superior to  that  of  any  other  joint  or
 common owner thereof.
   In  the  absence  of a specific agreement to the contrary, a person in
 lawful possession of property  shall  be  deemed  to  have  a  right  of
 possession  superior to that of a person having only a security interest
 therein, even if legal title lies with the holder of the security inter-
 est pursuant to a conditional sale contract or other security agreement.
   6. "Secret scientific material" means a sample, culture,  micro-organ-
 ism,  specimen,  record, recording, document, drawing or any other arti-
 cle,  material,  device  or  substance  which  constitutes,  represents,
 evidences,  reflects,  or  records  a  scientific  or technical process,
 invention or formula or any part or phase thereof, and which is not, and
 is not intended to be, available to anyone  other  than  the  person  or

 S. 269                              3
 
 persons  rightfully  in  possession  thereof  or selected persons having
 access thereto with his, HER or their consent, and when  it  accords  or
 may  accord  such  rightful  possessors an advantage over competitors or
 other persons who do not have knowledge or the benefit thereof.
   7.  ["Credit card" means any instrument or article defined as a credit
 card in section five hundred eleven of the general business law.
   7-a. "Debit card" means any instrument or article defined as  a  debit
 card in section five hundred eleven of the general business law.
   7-b.  "Public  benefit  card"  means any medical assistance card, food
 stamp assistance card, public assistance card, or any other  identifica-
 tion, authorization card or electronic access device issued by the state
 or a social services district as defined in subdivision seven of section
 two of the social services law, which entitles a person to obtain public
 assistance benefits under a local, state or federal program administered
 by the state, its political subdivisions or social services districts.
   7-c.  "Access  device" means any telephone calling card number, credit
 card number, account number, mobile  identification  number,  electronic
 serial  number  or  personal  identification  number that can be used to
 obtain telephone service.] "PERSONAL IDENTIFYING  INFORMATION"  MEANS  A
 PERSON'S DATE OF BIRTH, DRIVER'S LICENSE NUMBER, SOCIAL SECURITY NUMBER,
 PERSONAL  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,
 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, TELEPHONE CALL-
 ING CARD NUMBER, MOBILE IDENTIFICATION NUMBER OR CODE, ELECTRONIC SERIAL
 NUMBER OR PERSONAL IDENTIFICATION NUMBER, OR  ANY  OTHER  NAME,  NUMBER,
 CODE  OR INFORMATION THAT MAY BE USED ALONE OR IN CONJUNCTION WITH OTHER
 SUCH INFORMATION TO ASSUME THE IDENTITY  OF  ANOTHER  PERSON  OR  ACCESS
 FINANCIAL  RESOURCES OR CREDIT OF ANOTHER PERSON, OR ANY PHYSICAL OBJECT
 CONTAINING SUCH INFORMATION, SUCH AS A PRINTOUT OR OTHER WRITTEN MATERI-
 AL, DRIVER'S LICENSE OR OTHER IDENTITY CARD, CREDIT  CARD,  DEBIT  CARD,
 PUBLIC  BENEFIT  CARD,  AUTOMATED TELLER OR OTHER TRANSACTIONAL CARD, OR
 COMPUTER, HARD DRIVE, OR OTHER DATA STORAGE DEVICE. IN THIS SUBDIVISION,
 "PERSON" HAS ALL THE MEANINGS SET FORTH IN SUBDIVISION SEVEN OF  SECTION
 10.00  OF  THIS CHAPTER; "ELECTRONIC SIGNATURE" HAS THE MEANING PROVIDED
 IN SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLO-
 GY LAW; "CREDIT CARD" AND "DEBIT CARD" HAVE  THE  MEANINGS  PROVIDED  IN
 SECTION FIVE HUNDRED ELEVEN OF THE GENERAL BUSINESS LAW; "PUBLIC BENEFIT
 CARD"  MEANS  ANY  MEDICAL  ASSISTANCE CARD, FOOD STAMP ASSISTANCE CARD,
 PUBLIC ASSISTANCE CARD, OR ANY OTHER IDENTIFICATION, AUTHORIZATION  CARD
 OR  ELECTRONIC  ACCESS  DEVICE  ISSUED BY THE STATE OR A SOCIAL SERVICES
 DISTRICT AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWO  OF  THE  SOCIAL
 SERVICES  LAW  WHICH ENTITLES A PERSON TO OBTAIN PUBLIC ASSISTANCE BENE-
 FITS UNDER A LOCAL, STATE OR FEDERAL PROGRAM ADMINISTERED BY THE  STATE,
 ITS POLITICAL SUBDIVISIONS OR SOCIAL SERVICES DISTRICTS.
   8.  "Service"  includes,  but  is not limited to, [labor, professional
 service,] a computer service, transportation service, TELECOMMUNICATIONS
 SERVICE, CABLE OR SATELLITE TELEVISION SERVICE,  MICROWAVE  TRANSMISSION
 SERVICE,  THE  SUPPLYING OF SERVICE PURSUANT TO A PUBLIC OR GOVERNMENTAL
 BENEFIT PROGRAM, INCLUDING HOUSING AND MEDICAL CARE,  THE  SUPPLYING  OF
 SERVICE  PURSUANT  TO  AN  INSURANCE POLICY OR PROGRAM, the supplying of
 hotel accommodations, restaurant services, entertainment, the  supplying
 of equipment for use, and the supplying of commodities of a public util-

 S. 269                              4
 
 ity nature such as gas, electricity, steam and water. A ticket or equiv-
 alent  instrument which evidences a right to receive a service is not in
 itself service but constitutes property within the meaning  of  subdivi-
 sion one.
   9.  ["Cable television service" means any and all services provided by
 or through the facilities of  any  cable  television  system  or  closed
 circuit coaxial cable communications system, or any microwave or similar
 transmission service used in connection with any cable television system
 or  other  similar  closed circuit coaxial cable communications system.]
 "COMPUTER PROGRAM" MEANS AN  ORDERED  SET  OF  DATA  REPRESENTING  CODED
 INSTRUCTIONS  OR  STATEMENTS  THAT, WHEN EXECUTED BY 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, PUNCHED CARDS, OR STORED INTERNALLY IN THE MEMORY OF  THE
 COMPUTER.
   10.  "COMPUTER DATA" MEANS A REPRESENTATION OF INFORMATION, KNOWLEDGE,
 FACTS, CONCEPTS 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.  Subdivisions  1 and 2 of section 155.20 of the penal law, para-
 graph (b) of subdivision 2 as added and paragraph (c) of  subdivision  2
 as relettered by chapter 115 of the laws of 1969, are amended to read as
 follows:
   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:  (I) WITH REGARD TO PROPERTY,
 the  cost  of replacement of the property within a reasonable time after
 the crime; OR (II) WITH REGARD TO SERVICE, THE  COST  OF  PROVIDING  THE
 SERVICE AT THE TIME OF THE CRIME.
   2. [Whether or not they have been issued or delivered, certain written
 instruments,  not  including those having a readily ascertainable market
 value such as some public and corporate bonds and securities,  shall  be
 evaluated as follows:
   (a)  The value of an instrument constituting an evidence of debt, such
 as a check, draft or promissory note, shall be deemed the amount due  or
 collectable  thereon  or  thereby, such figure ordinarily being the face

 S. 269                              5

 amount of the indebtedness less  any  portion  thereof  which  has  been
 satisfied.
   (b)  The  value of a ticket or equivalent instrument which evidences a
 right to receive a transportation, entertainment or other service  shall
 be  deemed  the  price stated thereon, if any; and if no price is stated
 thereon the value shall be deemed the price of such ticket or equivalent
 instrument which the issuer charges the general public.
   (c) The  value  of  any  other  instrument  which  creates,  releases,
 discharges  or  otherwise affects any valuable legal right, privilege or
 obligation shall be deemed the greatest amount of  economic  loss  which
 the  owner  of  the  instrument might reasonably suffer by virtue of the
 loss of the instrument.] THE  VALUE  OF  COMPUTER  DATA  OR  A  COMPUTER
 PROGRAM  IS  THE  REPLACEMENT  COST  OR THE MARKET VALUE AT THE TIME AND
 PLACE OF THE CRIME, 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:
   1. steals property; OR
   2. 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  A  SERVICE exceeds one thousand
 dollars; or
   4. The property consists of [a credit card  or  debit  card]  PERSONAL
 IDENTIFYING INFORMATION; or
   6.  The  property OR A 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 OR A SERVICE 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  CONCERNING  TWEN-
 TY-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:

 S. 269                              6
 
   1. The value of the property  OR  A  SERVICE  exceeds  fifty  thousand
 dollars; or
   2.  The  property OR A 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
 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  CONCERNING  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:
   1. the value of the property exceeds one million dollars; OR
   2. THE PROPERTY IS PERSONAL  IDENTIFYING  INFORMATION  CONCERNING  ONE
 THOUSAND OR MORE PERSONS.
   Grand larceny in the first degree is a class B felony.
   § 10. Sections 190.60 and 190.65 of the penal law are REPEALED.
   §  11.  The  penal  law  is amended by adding six new sections 190.60,
 190.61, 190.62, 190.63, 190.64, and 190.65 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.

 S. 269                              7
 
   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.
   § 12. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.

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Senate Bill S269

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Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S269 (ACTIVE) - Details

2017-S269 (ACTIVE) - Summary

2017-S269 (ACTIVE) - Sponsor Memo

2017-S269 (ACTIVE) - Bill Text download pdf

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Senate Bill S269

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S269 (ACTIVE) - Details

2017-S269 (ACTIVE) - Summary

2017-S269 (ACTIVE) - Sponsor Memo

2017-S269 (ACTIVE) - Bill Text download pdf

Comments