S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2114
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to identity theft
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 190.77 of the penal law, as sepa-
 rately amended by chapters 226 and 279 of the laws of 2008,  is  amended
 to read as follows:
   1. For the purposes of sections 190.78, 190.79, 190.80 [and], 190.80-a
 and  190.85  of  this article "personal identifying 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  THAT  CAPTURE  OR
 ENABLE THE REPRODUCTION OF UNIQUE PHYSICAL ATTRIBUTES OF ANOTHER PERSON,
 telephone  calling  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  conjunc-
 tion  with  other  such  information  to  assume the identity of another
 person.
   § 2. 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 degree.
   A person is guilty of identity theft in the first degree  when  he  or
 she knowingly and with intent to defraud assumes the identity of another

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

                                                            LBD06495-01-9

 A. 2114                             2
 
 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 OR WITH  THE  INTENT  TO  SELL  OR  DISTRIBUTE  THE
 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 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 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 informa-
 tion  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[.]; OR
   5. AVOIDS A SUMMONS, ARREST  OR  PROSECUTION  OR  IMPEDES  A  CRIMINAL
 INVESTIGATION.
   Identity theft in the first degree is a class D felony.
   §  3.  Section 190.81 of the penal law, as added by chapter 619 of the
 laws of 2002, is amended to read as follows:
 § 190.81 Unlawful possession of personal identification  information  in
            the third degree.
   A  person  is guilty of unlawful possession of personal identification
 information in the third degree when he or  she  knowingly  possesses  a
 person's  financial  services  account  number  or code, savings account
 number or code, checking  account  number  or  code,  brokerage  account
 number or code, credit card account number or code, debit card number or
 code,  automated  teller machine number or code, personal identification
 number, mother's  maiden  name,  computer  system  password,  electronic
 signature  or  unique biometric data that is a fingerprint, voice print,
 retinal image or iris image of another person THAT CAPTURE OR ENABLE THE
 REPRODUCTION OF UNIQUE PHYSICAL ATTRIBUTES  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  identification  information in the
 third degree is a class A misdemeanor.
   § 4. Section 190.82 of the penal law, as added by chapter 619  of  the
 laws of 2002, is amended to read as follows:
 § 190.82 Unlawful  possession  of personal identification information in
            the second degree.
   A person is guilty of unlawful possession of  personal  identification
 information  in the second degree when he or she knowingly possesses two

 A. 2114                             3
 
 hundred fifty or more items of personal  identification  information  of
 the  following  nature:  a person's financial services account number or
 code, savings account number or code, checking account number  or  code,
 brokerage  account  number  or code, credit card account number or code,
 debit card number or code, automated  teller  machine  number  or  code,
 personal  identification  number,  mother's maiden name, computer system
 password, electronic signature or unique biometric data that is a  fing-
 erprint, voice print, retinal image or iris image of another person THAT
 CAPTURE  OR  ENABLE  THE  REPRODUCTION  OF UNIQUE PHYSICAL ATTRIBUTES OF
 ANOTHER PERSON knowing such information is intended to be used in furth-
 erance of the commission of a crime defined in this chapter.
   Unlawful possession of  personal  identification  information  in  the
 second degree is a class E felony.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.