NY State Senate Bill S7065

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2018	referred to codes delivered to assembly passed senate
May 07, 2018	ordered to third reading cal.1032 committee discharged and committed to rules
Jan 03, 2018	referred to codes

Votes

S7065 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add Title K Art 191 §§191.00 - 191.55, amd §§460.10, 490.05 & 60.27, rpld §§190.77 - 190.86, Pen L; rpld & add §700.05 sub 8 ¶(s), CP L; amd §899-aa, Gen Bus L; amd §208, St Tech L; amd §646, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7843
2011-2012: S737
2013-2014: S218
2015-2016: S148
2019-2020: S5146
2021-2022: S2857
2023-2024: S607

S7065 (ACTIVE) - Summary

Relates to offenses involving thefts of identity.

S7065 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7065

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the penal law, the criminal procedure
law, the general business law, the state technology law and the execu-
tive law, in relation to offenses involving theft of identity; and to
repeal certain provisions of the criminal procedure law and the penal
law relating thereto

 
GENERAL IDEA OF BILL:

This legislation provides a cogent and logical framework for the myriad
identity theft laws that have been passed in response to the rapidly
changing nature of identity theft crimes. It creates five tiers of
crimes, based on the financial loss to the victim(s) and the number of
people victimized, providing enhancements for vulnerable elderly and
disabled victims as well as victims on military, deployment. It also
acknowledges that identity theft doesn't respect geographic boundaries
by providing that companion crimes, such as larceny, can be charge along
with the crime of Identity Theft.

SUMMARY OF SPECIFIC PROVISIONS:

1. PL §§ 190.77, 190.78, 190.79, 190,80, 190.81, 190.82, 190.83, 190.84,
191.85, and 191.86 are repealed, and new PL §§ 191.00, 191.05, 191.10,
190.15, 191.20, 191.25, 191.30, 191.35, 191.40, 191.45, 191.50, 191.55
are added.

The new Article 191 creates the A misdemeanor of Petit Identity Theft,
the E felony of Identity Theft in the Fourth Degree; the D felony of
Identity Theft in the Third Degree, the C felony of Identity Theft in
the Second Degree; and the B felony of Identity Theft in the First
Degree. The Article makes technical corrections to Unlawful Possession
of Personal Identification Information in the First, Second and Third
Degrees by changing personal "identification" information to personal
"identifying" information to conform with other provisions in the law,
and including Social Security numbers in the definition.

2. PL §§ 60.27 (3), 60.27 (4) (b), 460.10(1) and CPL §§ 2040(4) (1),
700.05 (8) (s) and Executive Law §§ 646 (2), 995 (7) (d) are amended to
conform with the above Article 191.

3. General Business Law § 899-aa (b), and State Technology Law § 208 (1)
(a) are amended to include medical information and health insurance
information in the list of identifying items and to define the terms
"medical information" and "health insurance information."

 
PURPOSE AND JUSTIFICATION:

Identity theft crimes are widely regarded as among the hardest to prose-
cute. Criminal activity linked to one victim routinely spans numerous
jurisdictions. A summary arrest of one individual can represent the
victimization of dozens or even hundreds of people.  And, in the age of
the internet, accomplices located around the world can work together to
steal, fraudulently use, and traffic in personal data. Our current laws
do not provide adequate tools to combat this crime. Moreover, the laws
are weakest in addressing the most insidious forms of identity theft
those crimes in which the largest sums are stolen or numerous people are
victimized.
Identity theft continues to increase throughout New York State, and the
economic recession has only accelerated this problem. In order to
protect New Yorkers and to penalize thieves who steal identities as a
means of illicitly procuring money, goods and services that rightfully
belong to others, we need to revise the Identity Theft laws by creating
a new Penal Law Article 191. These revisions recognize and address the
reality that identity thieves often target multiple victims and steal
large amounts of money. Therefore in addition to establishing dollar
thresholds, the new article establishes thresholds for the number of
victims a perpetrator steals from.

The revisions also correct some technical problems with existing law.
Most importantly, they create standard terminology regarding personal
identifying information, which previously switched. between "personal
identifying" and "personal identification" information. Finally, it
lists the most frequently found companion crimes and expands the venue
provision that already existed in the identity theft laws to include
those companion crimes. This is pragmatic legally and financially defen-
ders, prosecutors, courts, and defendants will no longer need to try
parts of the same case in multiple counties, wasting resources and risk-
ing claims of double jeopardy.

 
PRIOR LEGISLATIVE HISTORY:

2016: S148A/A5969 - PASSED SENATE/referred to codes
2015: S148/A5969 -PASSED SENATE/referred to codes
2014: S218 - PASSED SENATE
2013: S218 PASSED SENATE
2012: S737 - REFERRED TO CODES
2011: S737 - NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
2010: S7843 - (Schneiderman)/A10944 - REPORTED AND COMMITTED TO RULES:

 
FISCAL IMPLICATIONS: a None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S7065 (ACTIVE) - Bill Text download pdf


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

                                  7065

                            I N  S E N A T E

                               (PREFILED)

                             January 3, 2018
                               ___________

Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, the criminal procedure law,  the  general
  business  law,  the  state  technology  law  and the executive law, in
  relation to offenses  involving  theft  of  identity;  and  to  repeal
  certain  provisions  of  the  criminal procedure law and the penal law
  relating thereto

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

  Section 1. Title K of the penal law is amended by adding a new article
191 to read as follows:
                               ARTICLE 191
                  OFFENSES INVOLVING THEFT OF IDENTITY
SECTION 191.00 DEFINITIONS.
        191.05 PETIT IDENTITY THEFT.
        191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
        191.15 IDENTITY THEFT IN THE THIRD DEGREE.
        191.20 IDENTITY THEFT IN THE SECOND DEGREE.
        191.25 IDENTITY THEFT IN THE FIRST DEGREE.
        191.30 UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION
                 IN THE THIRD DEGREE.
        191.35 UNLAWFUL POSSESSION OF PERSONAL  IDENTIFYING  INFORMATION
                 IN THE SECOND DEGREE.
        191.40 UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION
                 IN THE FIRST DEGREE.
        191.45 DEFENSES.
        191.50 UNLAWFUL POSSESSION OF A SKIMMER  DEVICE  IN  THE  SECOND
                 DEGREE.
        191.55 UNLAWFUL  POSSESSION  OF  A  SKIMMER  DEVICE IN THE FIRST
                 DEGREE.
§ 191.00 DEFINITIONS.
  1. FOR THE PURPOSES OF THIS ARTICLE "PERSONAL IDENTIFYING INFORMATION"
MEANS A PERSON'S NAME, ADDRESS, TELEPHONE NUMBER, DATE OF  BIRTH,  DRIV-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03067-02-7

S. 7065                             2

ER'S  LICENSE NUMBER, SOCIAL SECURITY NUMBER, PLACE OF EMPLOYMENT, MOTH-
ER'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  IDEN-
TIFICATION  NUMBER,  COMPUTER  SYSTEM  PASSWORD,  SIGNATURE OR COPY OF A
SIGNATURE, ELECTRONIC SIGNATURE, UNIQUE BIOMETRIC DATA THAT IS A FINGER-
PRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE OF ANOTHER PERSON, TELE-
PHONE CALLING CARD NUMBER, MOBILE IDENTIFICATION NUMBER OR  CODE,  ELEC-
TRONIC   SERIAL   NUMBER  OR  PERSONAL  IDENTIFICATION  NUMBER,  MEDICAL
INFORMATION, MEDICAL INSURANCE INFORMATION, 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.
  2. FOR THE PURPOSES 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.
  (D)  "MEDICAL INFORMATION" MEANS ANY INFORMATION REGARDING AN INDIVID-
UAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL CONDITION, OR  MEDICAL  TREAT-
MENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL.
  (E)  "MEDICAL  INSURANCE  INFORMATION"  MEANS  AN  INDIVIDUAL'S HEALTH
INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY  UNIQUE
IDENTIFIER  USED  BY  A HEALTH INSURER TO IDENTIFY THE INDIVIDUAL OR ANY
INFORMATION IN AN INDIVIDUAL'S APPLICATION AND CLAIMS  HISTORY,  INCLUD-
ING, BUT NOT LIMITED TO, APPEALS HISTORY.
§ 191.05 PETIT IDENTITY THEFT.
  A  PERSON  IS  GUILTY OF PETIT IDENTITY THEFT 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 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.
  PETIT IDENTITY THEFT IS A CLASS A MISDEMEANOR.
§ 191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
  A  PERSON  IS GUILTY OF IDENTITY THEFT IN THE FOURTH DEGREE WHEN HE OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1. 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  THERE-
BY:
  (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 DOLLARS; OR
  (B)  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON OR TO ANOTHER PERSON OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS FIVE HUNDRED DOLLARS; OR

S. 7065                             3

  (C) COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS AN ACCESSORY  TO
THE COMMISSION OF A FELONY; OR
  (D)  COMMITS  THE  CRIME OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A  MEMBER  OF
THE  ARMED  FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED OUTSIDE OF
THE CONTINENTAL UNITED STATES; OR
  (E) COMMITS THE CRIME OF PETIT IDENTITY THEFT AS  DEFINED  IN  SECTION
191.05  OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A VULNERABLE
ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS
CHAPTER, OR A PERSON WHO IS  UNABLE  TO  CARE  FOR  HIMSELF  OR  HERSELF
BECAUSE  OF PHYSICAL DISABILITY, MENTAL DISEASE OR DEFECT, OR BECAUSE HE
OR SHE IS A MINOR; OR
  2. ASSUMES THE IDENTITY OF THREE 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  THOSE  PERSONS,  OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE FOURTH DEGREE IS A CLASS E FELONY.
§ 191.15 IDENTITY THEFT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE THIRD DEGREE  WHEN  HE  OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1.  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 THERE-
BY:
  (A) 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
  (B) CAUSES FINANCIAL LOSS TO SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO THOUSAND DOLLARS; OR
  (C)  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; OR
  (D)  COMMITS  THE  CRIME  OF  IDENTITY  THEFT  IN THE FOURTH DEGREE AS
DEFINED IN SECTION 191.10  OF  THIS  ARTICLE  AND  HAS  BEEN  PREVIOUSLY
CONVICTED  WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED
IN SECTION 191.05, IDENTITY THEFT IN THE FOURTH  DEGREE  AS  DEFINED  IN
SECTION  191.10,  IDENTITY  THEFT IN THE THIRD DEGREE AS DEFINED IN THIS
SECTION, IDENTITY THEFT IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25,
UNLAWFUL  POSSESSION  OF  PERSONAL  IDENTIFYING INFORMATION IN THE THIRD
DEGREE AS DEFINED IN SECTION 191.30,  UNLAWFUL  POSSESSION  OF  PERSONAL
IDENTIFYING  INFORMATION  IN  THE  SECOND  DEGREE  AS DEFINED IN SECTION
191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION  IN  THE
FIRST  DEGREE  AS  DEFINED  IN  SECTION 191.40, UNLAWFUL POSSESSION OF A
SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAW-
FUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST  DEGREE  AS  DEFINED  IN
SECTION 191.55, 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,  CRIMINAL
POSSESSION  OF  A  FORGED  INSTRUMENT  IN THE THIRD DEGREE AS DEFINED IN
SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND
DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL  POSSESSION  OF  A  FORGED
INSTRUMENT    IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL

S. 7065                             4

POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN  SECTION
165.40,  CRIMINAL  POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS
DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN
PROPERTY  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN  SECTION
165.54,  OR CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION
170.40 OF THIS CHAPTER; OR
  (E) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  FOURTH  DEGREE  AS
DEFINED  IN  SECTION  191.10  OF  THIS ARTICLE AND KNOWS THAT SUCH OTHER
PERSON IS A MEMBER OF THE ARMED FORCES, AND KNOWS THAT  SUCH  MEMBER  IS
PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
  (F)  COMMITS  THE  CRIME  OF  IDENTITY  THEFT  IN THE FOURTH DEGREE AS
DEFINED IN SECTION 191.10 OF THIS ARTICLE  AND  KNOWS  THAT  SUCH  OTHER
PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF
SECTION  260.31  OF  THIS CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR
HIMSELF OR HERSELF BECAUSE OF PHYSICAL  DISABILITY,  MENTAL  DISEASE  OR
DEFECT, OR BECAUSE HE OR SHE IS A MINOR; OR
  2.  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 OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME  OF  THOSE  PERSONS,  OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
§ 191.20 IDENTITY THEFT IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN  HE  OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1.  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 THERE-
BY:
  (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  OR  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 191.15 OF THIS ARTICLE  AND  HAS  BEEN  PREVIOUSLY  CONVICTED
WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
191.05,  IDENTITY  THEFT  IN  THE  FOURTH  DEGREE  AS DEFINED IN SECTION
191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION 191.15,
IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN THIS SECTION, IDENTITY
THEFT IN THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION  191.25,  UNLAWFUL
POSSESSION  OF  PERSONAL  IDENTIFYING INFORMATION IN THE THIRD DEGREE AS
DEFINED IN SECTION 191.30, UNLAWFUL POSSESSION OF  PERSONAL  IDENTIFYING
INFORMATION  IN THE SECOND DEGREE AS DEFINED IN SECTION 191.35, UNLAWFUL
POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE  FIRST  DEGREE  AS
DEFINED  IN  SECTION  191.40, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION OF A
SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION  191.55,  GRAND
LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30, GRAND LARCENY

S. 7065                             5

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, CRIMINAL  POSSESSION  OF  A  FORGED
INSTRUMENT  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION  170.25, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST
DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN  THE  FIFTH  DEGREE  AS  DEFINED  IN  SECTION  165.40,  CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION
165.45,  CRIMINAL  POSSESSION  OF STOLEN PROPERTY IN THE THIRD DEGREE AS
DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
SECOND DEGREE AS DEFINED  IN  SECTION  165.52,  CRIMINAL  POSSESSION  OF
STOLEN  PROPERTY  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 165.54, OR
CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION  170.40  OF
THIS CHAPTER; OR
  (E) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN  SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A
MEMBER OF THE ARMED FORCES AND THAT SUCH MEMBER  IS  PRESENTLY  DEPLOYED
OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
  (F) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
IN  SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A
VULNERABLE ELDERLY PERSON AS DEFINED IN  SUBDIVISION  THREE  OF  SECTION
260.31 OF THIS CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR HIMSELF OR
HERSELF  BECAUSE  OF  PHYSICAL  DISABILITY, MENTAL DISEASE OR DEFECT, OR
BECAUSE HE OR SHE IS A MINOR; OR
  2. ASSUMES THE IDENTITY OF TWENTY-FIVE 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 THOSE PERSONS, OR  CAUSES  FINANCIAL  LOSS  TO  AT
LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
§ 191.25 IDENTITY THEFT IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE WHEN HE OR
SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
  1. 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  THERE-
BY:
  (A)  OBTAINS  GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
NAME OF SUCH OTHER PERSON  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWO
HUNDRED THOUSAND DOLLARS; OR
  (B)  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON OR TO ANOTHER PERSON OR
PERSONS IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWO  HUNDRED  THOUSAND
DOLLARS; OR
  (C)  COMMITS  OR  ATTEMPTS  TO COMMIT A CLASS B FELONY OR HIGHER LEVEL
CRIME OR ACTS 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 191.20  OF  THIS  ARTICLE  AND  HAS  BEEN  PREVIOUSLY
CONVICTED  WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED
IN SECTION 191.05, IDENTITY THEFT IN THE FOURTH  DEGREE  AS  DEFINED  IN
SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION
191.15, IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 191.20
OF  THIS  ARTICLE, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN THIS
SECTION, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN  THE

S. 7065                             6

SECOND  DEGREE  AS  DEFINED  IN  SECTION  191.35, UNLAWFUL POSSESSION OF
PERSONAL IDENTIFYING INFORMATION IN  THE  FIRST  DEGREE  AS  DEFINED  IN
SECTION  191.40,  UNLAWFUL  POSSESSION OF A SKIMMER DEVICE IN THE SECOND
DEGREE  AS  DEFINED  IN SECTION 191.50, UNLAWFUL POSSESSION OF A SKIMMER
DEVICE IN THE FIRST DEGREE AS DEFINED IN SECTION 191.55,  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, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF
A  FORGED  INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25,
CRIMINAL POSSESSION OF A  FORGED  INSTRUMENT  IN  THE  FIRST  DEGREE  AS
DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN
PROPERTY  IN  THE  FOURTH  DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN  SECTION
165.50,  CRIMINAL  POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS
DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIRST DEGREE AS DEFINED IN SECTION 165.54,  OR  CRIMINAL  POSSESSION  OF
FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER; OR
  (E)  COMMITS  THE  CRIME  OF  IDENTITY  THEFT  IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.20 OF THIS ARTICLE  AND  KNOWS  THAT  SUCH  OTHER
PERSON  IS  A  MEMBER OF THE ARMED FORCES, AND KNOWS THAT SUCH MEMBER IS
PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
  (F) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  SECOND  DEGREE  AS
DEFINED  IN  SECTION  191.20  OF  THIS ARTICLE AND KNOWS THAT SUCH OTHER
PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF
SECTION 260.31 OF THIS CHAPTER, OR A PERSON WHO IS UNABLE  TO  CARE  FOR
HIMSELF  OR  HERSELF  BECAUSE  OF PHYSICAL DISABILITY, MENTAL DISEASE OR
DEFECT, OR BECAUSE HE OR SHE IS A MINOR; OR
  2. ASSUMES THE IDENTITY OF FIFTY 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  THOSE  PERSONS,  OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
PERSON, OR TO ANOTHER PERSON OR PERSONS.
  IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
§ 191.30 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN  THE
           THIRD DEGREE.
  A  PERSON  IS  GUILTY  OF  UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
INFORMATION IN THE THIRD DEGREE WHEN HE OR  SHE  KNOWINGLY  POSSESSES  A
PERSON'S  PERSONAL  IDENTIFYING INFORMATION AS DEFINED IN SECTION 191.00
OF THIS ARTICLE OF ANOTHER PERSON KNOWING SUCH INFORMATION  IS  INTENDED
TO  BE  USED IN FURTHERANCE OF THE COMMISSION OF A CRIME DEFINED IN THIS
CHAPTER.
  UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN  THE  THIRD
DEGREE IS A CLASS A MISDEMEANOR.
§ 191.35 UNLAWFUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
           SECOND DEGREE.
  A PERSON IS GUILTY OF  UNLAWFUL  POSSESSION  OF  PERSONAL  IDENTIFYING
INFORMATION  IN  THE  SECOND  DEGREE  WHEN HE OR SHE KNOWINGLY POSSESSES
FIFTY OR MORE ITEMS OF PERSONAL IDENTIFYING INFORMATION  AS  DEFINED  IN
SECTION  191.00  OF THIS ARTICLE KNOWING SUCH INFORMATION IS INTENDED TO
BE USED IN FURTHERANCE OF THE COMMISSION OF  A  CRIME  DEFINED  IN  THIS
CHAPTER.

S. 7065                             7

  UNLAWFUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND
DEGREE IS A CLASS E FELONY.
§ 191.40 UNLAWFUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
           FIRST DEGREE.
  A PERSON IS GUILTY OF  UNLAWFUL  POSSESSION  OF  PERSONAL  IDENTIFYING
INFORMATION  IN  THE  FIRST  DEGREE  WHEN HE OR SHE COMMITS THE CRIME OF
UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION  IN  THE  SECOND
DEGREE AND:
  1.  WITH  INTENT  TO  FURTHER  THE COMMISSION OF IDENTITY THEFT IN THE
THIRD DEGREE, HE OR SHE SUPERVISES MORE THAN THREE ACCOMPLICES; OR
  2. HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE  YEARS
OF  PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT IN
THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY  THEFT  IN  THE
THIRD  DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE SECOND
DEGREE AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST  DEGREE
AS  DEFINED IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
ING INFORMATION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAW-
FUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND  DEGREE
AS  DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFY-
ING INFORMATION IN THE FIRST DEGREE AS DEFINED IN THIS SECTION, UNLAWFUL
POSSESSION OF A SKIMMER DEVICE  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  191.50,  UNLAWFUL  POSSESSION  OF A SKIMMER DEVICE IN THE FIRST
DEGREE AS DEFINED IN SECTION 191.55, 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, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD
DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL  POSSESSION  OF  A  FORGED
INSTRUMENT  IN  THE SECOND DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL
POSSESSION OF A FORGED INSTRUMENT IN THE  FIRST  DEGREE  AS  DEFINED  IN
SECTION  170.30,  CRIMINAL  POSSESSION  OF  STOLEN PROPERTY IN THE FIFTH
DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN THE  FOURTH  DEGREE  AS  DEFINED  IN  SECTION  165.45,  CRIMINAL
POSSESSION  OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION
165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND  DEGREE  AS
DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
FIRST  DEGREE  AS  DEFINED  IN SECTION 165.54, OR CRIMINAL POSSESSION OF
FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER; OR
  3. WITH INTENT TO FURTHER THE COMMISSION  OF  IDENTITY  THEFT  IN  THE
SECOND DEGREE:
  (A) HE OR SHE SUPERVISES MORE THAN TWO ACCOMPLICES, AND
  (B)  HE OR SHE KNOWS THAT THE PERSON WHOSE PERSONAL IDENTIFYING INFOR-
MATION THAT HE OR SHE POSSESSES IS A MEMBER OF THE ARMED FORCES, AND
  (C) HE OR SHE KNOWS THAT SUCH MEMBER OF THE ARMED FORCES IS  PRESENTLY
DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES.
  UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION IN THE FIRST
DEGREE IS A CLASS D FELONY.
§ 191.45 DEFENSES.
  IN ANY PROSECUTION  FOR  IDENTITY  THEFT  OR  UNLAWFUL  POSSESSION  OF
PERSONAL  IDENTIFYING  INFORMATION PURSUANT TO THIS ARTICLE, IT SHALL BE
AN AFFIRMATIVE DEFENSE THAT THE PERSON CHARGED WITH THE OFFENSE:
  1. WAS UNDER TWENTY-ONE YEARS OF AGE AT THE  TIME  OF  COMMITTING  THE
OFFENSE AND THE PERSON USED OR POSSESSED THE PERSONAL IDENTIFYING INFOR-
MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING ALCOHOL;
  2.  WAS  UNDER  EIGHTEEN  YEARS  OF  AGE AT THE TIME OF COMMITTING THE
OFFENSE AND THE PERSON USED OR POSSESSED THE PERSONAL IDENTIFYING INFOR-

S. 7065                             8

MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING TOBACCO PRODUCTS;
OR
  3.  USED  OR POSSESSED THE PERSONAL IDENTIFYING INFORMATION OF ANOTHER
PERSON SOLELY FOR THE PURPOSE OF MISREPRESENTING  THE  PERSON'S  AGE  TO
GAIN ACCESS TO A PLACE THE ACCESS TO WHICH IS RESTRICTED BASED ON AGE.
§ 191.50 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE.
  1.  A  PERSON  IS GUILTY OF UNLAWFUL 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 COMMISSION OF THE
CRIME OF IDENTITY THEFT OR UNLAWFUL POSSESSION OF  PERSONAL  IDENTIFYING
INFORMATION AS DEFINED IN THIS ARTICLE.
  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 POSSESSION OF A SKIMMER DEVICE IN  THE  SECOND  DEGREE  IS  A
CLASS A MISDEMEANOR.
§ 191.55 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE
FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL 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  FOURTH
DEGREE  AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE
AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN  THE  SECOND  DEGREE  AS
DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED
IN  SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMA-
TION IN  THE  THIRD  DEGREE  AS  DEFINED  IN  SECTION  191.30,  UNLAWFUL
POSSESSION  OF  PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE AS
DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF  PERSONAL  IDENTIFYING
INFORMATION  IN  THE FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAWFUL
POSSESSION OF A SKIMMER DEVICE  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  191.50,  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, GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN  SECTION
155.42,  CRIMINAL  POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE
AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
IN THE SECOND DEGREE AS DEFINED IN SECTION 170.25,  CRIMINAL  POSSESSION
OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30,
CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN
SECTION  165.40,  CRIMINAL  POSSESSION  OF STOLEN PROPERTY IN THE FOURTH
DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY IN  THE  THIRD  DEGREE  AS  DEFINED  IN  SECTION  165.50,  CRIMINAL
POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS DEFINED IN SECTION
165.52,  CRIMINAL  POSSESSION  OF STOLEN PROPERTY IN THE FIRST DEGREE AS
DEFINED IN SECTION 165.54, OR CRIMINAL POSSESSION OF FORGERY DEVICES  AS
DEFINED IN SECTION 170.40 OF THIS CHAPTER.
  UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE IS A CLASS
E FELONY.
  §  2.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 368 of the laws of 2015, is amended  to  read
as follows:
  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;

S. 7065                             9

sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
labor trafficking; section 135.65 relating to coercion; sections 140.20,
140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
145.12 relating to criminal mischief; article one hundred fifty relating
to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred  sixty  relating  to  robbery;  sections
165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark  coun-
terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of  prescription  medications  and  prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
215.00, 215.05 and 215.19; sections 187.10, 187.15,  187.20  and  187.25
relating  to  residential  mortgage fraud[,]; sections 190.40 and 190.42
relating to criminal  usury;  section  190.65  relating  to  schemes  to
defraud;  SECTIONS  191.05,  191.10,  191.15,  191.20,  191.25,  191.30,
191.35, 191.40, 191.50 AND 191.55 RELATING TO IDENTITY THEFT; any felony
defined in article four hundred ninety-six; sections 205.60  and  205.65
relating  to  hindering prosecution; sections 210.10, 210.15, and 215.51
relating to perjury and contempt; section 215.40 relating  to  tampering
with physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21,
220.31,  220.34,  220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65
and 220.77 relating to controlled substances; sections 225.10 and 225.20
relating to gambling; sections 230.25, 230.30, and  230.32  relating  to
promoting  prostitution;  section  230.34  relating  to sex trafficking;
sections 235.06,  235.07,  235.21  and  235.22  relating  to  obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions  of  section  265.10  which  constitute  a felony relating to
firearms and other dangerous weapons; sections 265.14 and 265.16  relat-
ing  to  criminal  sale of a firearm; section 275.10, 275.20, 275.30, or
275.40 relating to unauthorized recordings; and sections 470.05, 470.10,
470.15 and 470.20 relating to money laundering; or
  § 3. 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
theft  in the second degree as defined in section [190.79] 191.20, iden-
tity theft in the first degree as defined in  section  [190.80]  191.25,
unlawful possession of personal identification information in the second
degree  as  defined  in  section [190.82] 191.35, unlawful possession of
personal identification information in the first degree  as  defined  in
section [190.83] 191.40, 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
laundering  in  support  of terrorism in the second degree as defined in
section 470.23, money laundering in support of terrorism  in  the  first

S. 7065                            10

degree  as  defined  in  section 470.24 of this chapter, and includes an
attempt or conspiracy to commit any such offense.
  §  4. Paragraph (s) of subdivision 8 of section 700.05 of the criminal
procedure law is REPEALED and a new paragraph (s) is added  to  read  as
follows:
  (S)  PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT
IN THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE
THIRD DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE  SECOND
DEGREE  AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE
AS DEFINED IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL  IDENTIFY-
ING INFORMATION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAW-
FUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE
AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL  IDENTIFY-
ING INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAW-
FUL  POSSESSION  OF  A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN
SECTION 191.50, OR UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE  FIRST
DEGREE AS DEFINED IN SECTION 191.55 OF THE PENAL LAW.
  §  5.  Paragraph (b) of subdivision 1 of section 899-aa of the general
business law, as added by chapter 442 of the laws of 2005, is amended to
read as follows:
  (b) "Private information" shall mean personal  information  consisting
of  any information in combination with any one or more of the following
data elements, when either the personal information or the data  element
is not encrypted, or encrypted with an encryption key that has also been
acquired:
  (1) social security number;
  (2)  driver's license number or non-driver identification card number;
or
  (3) account number, credit or debit card number, in  combination  with
any  required  security code, access code, or password that would permit
access to an individual's financial account; OR
  (4) MEDICAL INFORMATION; OR
  (5) HEALTH INSURANCE INFORMATION;
  FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
MATION REGARDING AN INDIVIDUAL'S MEDICAL  HISTORY,  MENTAL  OR  PHYSICAL
CONDITION,  OR  MEDICAL  TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFES-
SIONAL.
  FOR PURPOSES OF THIS PARAGRAPH, "HEALTH INSURANCE  INFORMATION"  MEANS
AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
TION  NUMBER, ANY UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY
THE INDIVIDUAL OR ANY INFORMATION IN  AN  INDIVIDUAL'S  APPLICATION  AND
CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
  "Private  information" does not include publicly available information
which is lawfully made available to the  general  public  from  federal,
state, or local government records.
  §  6. Paragraph (a) of subdivision 1 of section 208 of the state tech-
nology law, as added by chapter 442 of the laws of 2005, is  amended  to
read as follows:
  (a)  "Private information" shall mean personal information in combina-
tion with any one or more of the following data  elements,  when  either
the  personal  information  or  the  data  element  is  not encrypted or
encrypted with an encryption key that has also been acquired:
  (1) social security number;
  (2) driver's license number or non-driver identification card  number;
or

S. 7065                            11

  (3)  account  number, credit or debit card number, in combination with
any required security code, access code, or password which would  permit
access to an individual's financial account[.]; OR
  (4) MEDICAL INFORMATION; OR
  (5) HEALTH INSURANCE INFORMATION.
  FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
MATION  REGARDING  AN  INDIVIDUAL'S  MEDICAL HISTORY, MENTAL OR PHYSICAL
CONDITION, OR MEDICAL TREATMENT OR DIAGNOSIS BY A  HEALTH  CARE  PROFES-
SIONAL.
  FOR  PURPOSES  OF THIS PARAGRAPH, "HEALTH INSURANCE INFORMATION" MEANS
AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
TION NUMBER, ANY UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO  IDENTIFY
THE  INDIVIDUAL  OR  ANY  INFORMATION IN AN INDIVIDUAL'S APPLICATION AND
CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
  "Private information" does not include publicly available  information
that  is  lawfully  made  available  to the general public from federal,
state, or local government records.
  § 7.  Sections  190.77,  190.78,  190.79,  190.80,  190.80-a,  190.81,
190.82, 190.83, 190.84, 190.85 and 190.86 of the penal law are REPEALED.
  §  8.  Subdivision  1 of section 60.27 of the penal law, as amended by
chapter 279 of the laws of 2008, is 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,  190.82  or  190.83] 191.05, 191.10,
191.15, 191.20 OR 191.25 of this chapter, any costs or  losses  incurred
due  to any adverse action taken against the victim. The district attor-
ney 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 repara-
tion, 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] 191.05,
191.10, 191.15, 191.20 OR 191.25 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.

S. 7065                            12

  § 9. Paragraph (b) of subdivision 4 of section 60.27 of the penal law,
as amended by chapter 313 of the laws of 2011, is  amended  to  read  as
follows:
  (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]  191.05,  191.10,
191.15, 191.20 OR 191.25 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, 190.82 or 190.83]  191.05,
191.10,  191.15,  191.20  OR 191.25 of this chapter, a good samaritan as
defined in section six hundred twenty-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.
  § 10. Subdivision 2 of section 646 of the executive law, as amended by
chapter 346 of the laws of 2007, is amended to read as follows:
  2.  An individual whose identity was assumed or whose personal identi-
fying information, as defined in [section  190.77]  SUBDIVISION  ONE  OF
SECTION  191.00  of  the  penal  law,  was  used in violation of section
[190.78, 190.79 or 190.80] 191.05, 191.10, 191.15, 191.20 OR  191.25  of
the  penal  law,  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,  190.82  or  190.83]  191.05, 191.10, 191.15,
191.20 OR 191.25 of  the  penal  law,  who  has  learned  or  reasonably
suspects  that  his  or  her  personal  identifying information has been
unlawfully used by another, may  make  a  complaint  to  the  local  law
enforcement  agency  of the county in which any part of the offense took
place regardless of whether the defendant was actually present  in  such
county, or in the county in which the person who suffered financial loss
resided  at  the time of the commission of the offense, or in the county
where the person whose personal identification information was  used  in
the  commission  of the offense resided at the time of the commission of
the offense as provided in paragraph (l) of subdivision four of  section
20.40  of  the criminal procedure law. Said local law enforcement agency
shall take a police report of the matter  and  provide  the  complainant
with a copy of such report free of charge.
  § 11. This act shall take effect immediately.

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The New York State Senate

senate Bill S7065

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Archive: Last Bill Status - Passed Senate

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Jun 4, 2018 - floor Vote

Floor Vote: Jun 4, 2018

May 7, 2018 - Rules committee Vote

Rules Committee Vote: May 7, 2018

S7065 (ACTIVE) - Details

S7065 (ACTIVE) - Summary

S7065 (ACTIVE) - Sponsor Memo

S7065 (ACTIVE) - Bill Text download pdf

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senate Bill S7065

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 4, 2018 - floor Vote

Floor Vote: Jun 4, 2018

May 7, 2018 - Rules committee Vote

Rules Committee Vote: May 7, 2018

S7065 (ACTIVE) - Details

S7065 (ACTIVE) - Summary

S7065 (ACTIVE) - Sponsor Memo

S7065 (ACTIVE) - Bill Text download pdf

Comments