Assembly Bill A10501

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10501
 
                           I N  A S S E M B L Y
 
                               March 6, 2026
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law and the general business law, in  relation
   to  criminal  impersonation  by electronic communication and emergency
   disclosure of caller identification routing 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 a new section 190.28 to
 read as follows:
 § 190.28 CRIMINAL ELECTRONIC IMPERSONATION.
   A PERSON IS GUILTY OF CRIMINAL  ELECTRONIC  IMPERSONATION  WHEN,  WITH
 INTENT  TO  DEFRAUD,  EXTORT,  HARASS,  CREATE FEAR, OR INTERFERE WITH A
 POLICE OR EMERGENCY INVESTIGATION, SUCH PERSON  KNOWINGLY  FALSIFIES  OR
 MANIPULATES  CALLER IDENTIFICATION INFORMATION, ELECTRONIC COMMUNICATION
 ROUTING,  OR  INTERNET-BASED  CALLING  SERVICES  TO  MISREPRESENT   SUCH
 PERSON'S IDENTITY OR THE ORIGIN OF A COMMUNICATION.
   CRIMINAL ELECTRONIC IMPERSONATION IS A CLASS A MISDEMEANOR.
   §  2.  The penal law is amended by adding a new section 190.29 to read
 as follows:
 § 190.29 AGGRAVATED CRIMINAL ELECTRONIC IMPERSONATION.
   A PERSON IS GUILTY OF  AGGRAVATED  CRIMINAL  ELECTRONIC  IMPERSONATION
 WHEN  SUCH PERSON COMMITS THE CRIME OF CRIMINAL ELECTRONIC IMPERSONATION
 IN VIOLATION OF SECTION 190.28 OF THIS ARTICLE AND SUCH CONDUCT:
   1. OCCURS DURING A MISSING PERSON, KIDNAPPING OR EXTORTION INCIDENT;
   2. IMPERSONATES A VICTIM, FAMILY MEMBER OR LAW ENFORCEMENT OFFICER; OR
   3. RESULTS IN DIVERSION OF EMERGENCY RESOURCES  OR  RISK  OF  PHYSICAL
 INJURY.
   AGGRAVATED CRIMINAL ELECTRONIC IMPERSONATION IS A CLASS E FELONY.
   §  3. The general business law is amended by adding a new section 399-
 ppp to read as follows:
   § 399-PPP.  EMERGENCY  DISCLOSURE  OF  CALLER  IDENTIFICATION  ROUTING
 INFORMATION.  ANY VOICE-OVER-INTERNET, CALL-ROUTING OR ELECTRONIC COMMU-
 NICATION SERVICE DOING BUSINESS WITH RESIDENTS OF THE STATE OF NEW  YORK
 SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15114-01-6
 A. 10501                            2
 
   1.  MAINTAIN  A TWENTY-FOUR HOUR LAW ENFORCEMENT CONTACT FOR EMERGENCY
 REQUESTS;
   2. MAINTAIN CALL ROUTING AND ORIGINATING CONNECTION RECORDS SUFFICIENT
 TO  IDENTIFY  THE ORIGINATING USER OR DEVICE IN CASES INVOLVING CRIMINAL
 INVESTIGATION UPON AN EXIGENT REQUEST INVOLVING IMMINENT RISK  OF  HARM;
 AND
   3. PROVIDE SUCH RECORDS MAINTAINED PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION  TO  LAW  ENFORCEMENT  UPON  REQUEST, CONSISTENT WITH APPLICABLE
 EMERGENCY DISCLOSURE STANDARDS.
   § 4. Nothing in this act shall be construed to  regulate  telecommuni-
 cations transmission standards or conflict with federal authority.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.