S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4299
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of A. KOLB, GIGLIO -- Multi-Sponsored by -- M. of A.
   BARCLAY, CROUCH -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to unlawfully  purchasing  or
   selling personal identifying information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is  amended  by  adding  three  new  sections
 190.90, 190.91 and 190.92 to read as follows:
 § 190.90 PERSONAL IDENTIFYING INFORMATION; DEFINITION.
   FOR  THE  PURPOSES  OF SECTIONS 190.91 AND 190.92 OF THIS ARTICLE, THE
 TERM "PERSONAL IDENTIFYING INFORMATION" INCLUDES  A  BIRTH  CERTIFICATE,
 PASSPORT  NUMBER,  DRIVER'S  LICENSE  NUMBER,  SOCIAL  SECURITY  NUMBER,
 TAXPAYER 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,
 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.
 § 190.91 UNLAWFUL PURCHASE OR SALE OF PERSONAL  IDENTIFYING  INFORMATION
            IN THE SECOND DEGREE.
   A  PERSON IS GUILTY OF UNLAWFUL PURCHASE OR SALE OF PERSONAL IDENTIFY-
 ING INFORMATION IN THE SECOND DEGREE WHEN HE OR SHE SELLS OR  OFFERS  TO
 SELL  OR  HE  OR  SHE  PURCHASES  OR OFFERS TO PURCHASE ANOTHER PERSON'S
 PERSONAL IDENTIFYING INFORMATION AND:
   1. HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSONAL  IDEN-
 TIFYING INFORMATION IS INTENDED TO BE USED TO DEFRAUD, DECEIVE OR INJURE
 ANOTHER; OR
   2.  HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSONAL IDEN-
 TIFYING INFORMATION IS INTENDED TO BE USED IN FURTHERANCE OF A CRIME  OR
 VIOLATION DEFINED IN THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04108-01-9

 A. 4299                             2
 
   UNLAWFUL  PURCHASE  OR SALE OF PERSONAL IDENTIFYING INFORMATION IN THE
 SECOND DEGREE IS A CLASS E FELONY.
 § 190.92 UNLAWFUL  PURCHASE  OR SALE OF PERSONAL IDENTIFYING INFORMATION
            IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL PURCHASE OR SALE OF PERSONAL  IDENTIFY-
 ING INFORMATION IN THE FIRST DEGREE WHEN:
   1.  HE  OR  SHE  COMMITS  THE  CRIME  OF  UNLAWFUL PURCHASE OR SALE OF
 PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE; AND
   (A) HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE YEARS
 OF UNLAWFUL PURCHASE OR SALE OF PERSONAL IDENTIFYING INFORMATION IN  THE
 SECOND DEGREE AS DEFINED IN SECTION 190.91 OF THIS ARTICLE; OR
   (B) HE OR SHE KNOWINGLY SELLS OR OFFERS TO SELL OR PURCHASES OR OFFERS
 TO PURCHASE FIFTY OR MORE PERSONS' PERSONAL IDENTIFYING INFORMATION; OR
   2.  WITH INTENT TO FURTHER THE COMMISSION OF UNLAWFUL PURCHASE OR SALE
 OF PERSONAL IDENTIFYING INFORMATION IN THE  SECOND  DEGREE,  HE  OR  SHE
 SUPERVISES MORE THAN THREE ACCOMPLICES.
   UNLAWFUL  PURCHASE  OR SALE OF PERSONAL IDENTIFYING INFORMATION IN THE
 FIRST DEGREE IS A CLASS D FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.