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S01563 Summary:

BILL NOS01563
 
SAME ASNo Same As
 
SPONSORAVELLA
 
COSPNSR
 
MLTSPNSR
 
Add Title K Art 191 191.00 - 191.45, 156.28, amd 460.10, 490.05, 60.27, 156.00, 156.20, 156.25, 156.26 & 156.27, rpld 190.77, 190.78, 190.79, 190.80, 190.80-a, 190.85 & 190.86, Pen L; amd 646, Exec L
 
Relates to offenses involving theft of identity and computer tampering.
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S01563 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1563
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 10, 2017
                                       ___________
 
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the penal law and the  executive  law,  in  relation  to
          offenses  involving  theft  of identity and computer tampering; and to
          repeal certain provisions of the penal law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Title K of the penal law is amended by adding a new article
     2  191 to read as follows:
     3                                 ARTICLE 191
     4                    OFFENSES INVOLVING THEFT OF IDENTITY
     5  Section 191.00 Definitions.
     6          191.05 Identity theft in the fifth degree.
     7          191.10 Identity theft in the fourth degree.
     8          191.15 Identity theft in the third degree.
     9          191.20 Identity theft in the second degree.
    10          191.25 Identity theft in the first degree.
    11          191.30 Aggravated identity theft in the second degree.
    12          191.35 Aggravated identity theft in the first degree.
    13          191.40 Criminal  possession  of  a  skimmer device in the second
    14                   degree.
    15          191.45 Criminal possession of a  skimmer  device  in  the  first
    16                   degree.
    17  § 191.00 Definitions.
    18    1. For the purposes of this article "personal identifying information"
    19  means  a  person's name, address, telephone number, date of birth, driv-
    20  er's license number, social security number, place of employment,  moth-
    21  er's  maiden  name,  financial  services account number or code, savings
    22  account number or code,  checking  account  number  or  code,  brokerage
    23  account  number  or code, credit card account number or code, debit card
    24  number or code, automated teller machine number or code, taxpayer  iden-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01207-02-7

        S. 1563                             2
 
     1  tification  number,  computer  system  password,  signature or copy of a
     2  signature, electronic signature, unique biometric data that is a finger-
     3  print, voice print, retinal image or iris image of another person, tele-
     4  phone  calling  card number, mobile identification number or code, elec-
     5  tronic  serial  number  or  personal  identification   number,   medical
     6  information,  medical  insurance information, or any other name, number,
     7  code or information that may be used alone or in conjunction with  other
     8  such information to assume the identity of another person.
     9    2. For the purposes of this article:
    10    (a)  "electronic  signature" shall have the same meaning as defined in
    11  subdivision three of section three hundred two of the  state  technology
    12  law.
    13    (b)  "personal  identification  number" means any number or code which
    14  may be used alone or in conjunction with any other information to assume
    15  the identity of another person or access financial resources  or  credit
    16  of another person.
    17    (c)  "member  of the armed forces" shall mean a person in the military
    18  service of the United States or  the  military  service  of  the  state,
    19  including but not limited to, the armed forces of the United States, the
    20  army national guard, the air national guard, the New York naval militia,
    21  the  New York guard, and such additional forces as may be created by the
    22  federal or state government as authorized by law.
    23    (d) "medical information" means any information regarding an  individ-
    24  ual's  medical  history, mental or physical condition, or medical treat-
    25  ment or diagnosis by a health care professional.
    26    (e) "medical  insurance  information"  means  an  individual's  health
    27  insurance  policy number or subscriber identification number, any unique
    28  identifier used by a health insurer to identify the  individual  or  any
    29  information  in  an individual's application and claims history, includ-
    30  ing, but not limited to, appeals history.
    31  § 191.05 Identity theft in the fifth degree.
    32    A person is guilty of identity theft in the fifth degree  when  he  or
    33  she knowingly and with intent to defraud assumes the identity of another
    34  person  by  presenting  himself  or  herself as that other person, or by
    35  acting as that other person or by using personal identifying information
    36  of that other person, and thereby:
    37    1. obtains goods, money, property or services or uses  credit  in  the
    38  name  of such other person or causes financial loss to such person or to
    39  another person or persons; or
    40    2. commits a class A misdemeanor or higher level crime.
    41    Identity theft in the fifth degree is a class A misdemeanor.
    42  § 191.10 Identity theft in the fourth degree.
    43    A person is guilty of identity theft in the fourth degree when  he  or
    44  she knowingly and with intent to defraud:
    45    1.  assumes  the  identity  of another person by presenting himself or
    46  herself as that other person, or by acting as that other  person  or  by
    47  using  personal identifying information of that other person, and there-
    48  by:
    49    (a) obtains goods, money, property or services or uses credit  in  the
    50  name  of  such  other  person  in  an aggregate amount that exceeds five
    51  hundred dollars; or
    52    (b) causes financial loss to such  person  or  to  another  person  or
    53  persons in an aggregate amount that exceeds five hundred dollars; or
    54    (c)  commits or attempts to commit a felony or acts as an accessory to
    55  the commission of a felony; or

        S. 1563                             3
 
     1    (d) commits the crime of identity theft in the fifth degree as defined
     2  in section 191.05 of this article  and  has  been  previously  convicted
     3  within  the  last  five  years  of identity theft in the fifth degree as
     4  defined in section 191.05,  identity  theft  in  the  fourth  degree  as
     5  defined  in  this section, identity theft in the third degree as defined
     6  in section 191.15, identity theft in the second  degree  as  defined  in
     7  section 191.20, identity theft in the first degree as defined in section
     8  191.25,  criminal possession of a skimmer device in the second degree as
     9  defined in section 191.40, criminal possession of a  skimmer  device  in
    10  the  first  degree  as  defined in section 191.45 of this article, grand
    11  larceny in the fourth degree as defined in section 155.30, grand larceny
    12  in the third degree as defined in section 155.35, grand larceny  in  the
    13  second  degree  as defined in section 155.40, grand larceny in the first
    14  degree as defined in section 155.42 of this part, forgery in  the  third
    15  degree  as  defined  in  section 170.05, forgery in the second degree as
    16  defined in section 170.10, forgery in the first  degree  as  defined  in
    17  section  170.15, criminal possession of a forged instrument in the third
    18  degree as defined in section 170.20, criminal  possession  of  a  forged
    19  instrument  in the second degree as defined in section 170.25, or crimi-
    20  nal possession of a forged instrument in the first degree as defined  in
    21  section 170.30 of this title; or
    22    2. assumes the identity of three or more persons by presenting himself
    23  or  herself as those other persons, or by acting as those other persons,
    24  or by using personal identifying information of those other persons, and
    25  thereby obtains goods, money, property or services or uses credit in the
    26  name of those persons, or causes financial loss to  at  least  one  such
    27  person, or to another person or persons.
    28    Identity theft in the fourth degree is a class E felony.
    29  § 191.15 Identity theft in the third degree.
    30    A  person  is  guilty of identity theft in the third degree when he or
    31  she knowingly and with intent to defraud:
    32    1. assumes the identity of another person  by  presenting  himself  or
    33  herself  as  that  other person, or by acting as that other person or by
    34  using personal identifying information of that other person, and  there-
    35  by:
    36    (a)  obtains  goods, money, property or services or uses credit in the
    37  name of such other person in an aggregate amount that exceeds two  thou-
    38  sand dollars; or
    39    (b)  causes  financial  loss  to  such  person or to another person or
    40  persons in an aggregate amount that exceeds two thousand dollars; or
    41    (c) commits or attempts to commit a class D  felony  or  higher  level
    42  crime  or  acts as an accessory to the commission of a class D or higher
    43  level felony; or
    44    (d) commits the crime of  identity  theft  in  the  fourth  degree  as
    45  defined  in  section  191.10  of  this  article  and has been previously
    46  convicted within the last five years of  identity  theft  in  the  fifth
    47  degree as defined in section 191.05, identity theft in the fourth degree
    48  as  defined  in  section  191.10,  identity theft in the third degree as
    49  defined in this section, identity theft in the second degree as  defined
    50  in  section  191.20,  identity  theft  in the first degree as defined in
    51  section 191.25, aggravated  identity  theft  in  the  second  degree  as
    52  defined in section 191.30, aggravated identity theft in the first degree
    53  as defined in section 191.35, criminal possession of a skimmer device in
    54  the second degree as defined in section 191.40, criminal possession of a
    55  skimmer  device in the first degree as defined in section 191.45 of this
    56  article, grand larceny in  the  fourth  degree  as  defined  in  section

        S. 1563                             4
 
     1  155.30,  grand larceny in the third degree as defined in section 155.35,
     2  grand larceny in the second degree as defined in section 155.40 or grand
     3  larceny in the first degree as defined in section 155.42 of  this  part,
     4  criminal  possession  of  a  forged  instrument  in  the third degree as
     5  defined in section 170.20, criminal possession of a forged instrument in
     6  the second degree as defined in section 170.25, criminal possession of a
     7  forged instrument  in the first degree as defined in section  170.30  of
     8  this  title,  criminal possession of stolen property in the fifth degree
     9  as defined in section 165.40, criminal possession of stolen property  in
    10  the  fourth  degree as defined in section 165.45, criminal possession of
    11  stolen property in the third degree as defined in section 165.50, crimi-
    12  nal possession of stolen property in the second  degree  as  defined  in
    13  section  165.52,  criminal  possession  of  stolen property in the first
    14  degree as defined in section 165.54 of this part, or criminal possession
    15  of forgery devices as defined in section 170.40 of this title; or
    16    2. assumes the identity of ten or more persons by  presenting  himself
    17  or  herself as those other persons, or by acting as those other persons,
    18  or by using personal identifying information of those other persons, and
    19  thereby obtains goods, money, property or services or uses credit in the
    20  name of those persons, or causes financial loss to  at  least  one  such
    21  person, or to another person or persons.
    22    Identity theft in the third degree is a class D felony.
    23  § 191.20 Identity theft in the second degree.
    24    A  person  is guilty of identity theft in the second degree when he or
    25  she knowingly and with intent to defraud:
    26    1. assumes the identity of another person  by  presenting  himself  or
    27  herself  as  that  other person, or by acting as that other person or by
    28  using personal identifying information of that other person, and  there-
    29  by:
    30    (a)  obtains  goods, money, property or services or uses credit in the
    31  name of such other person in an aggregate amount  that  exceeds  twenty-
    32  five thousand dollars; or
    33    (b)  causes  financial  loss  to  such  person or to another person or
    34  persons  in  an  aggregate  amount  that  exceeds  twenty-five  thousand
    35  dollars; or
    36    (c)  commits  or  attempts  to commit a class C felony or higher level
    37  crime or acts as an accessory in the commission of a class C  or  higher
    38  level felony; or
    39    (d) commits the crime of identity theft in the third degree as defined
    40  in  section  191.15  of  this  article and has been previously convicted
    41  within the last five years of identity theft  in  the  fifth  degree  as
    42  defined  in  section  191.05,  identity  theft  in  the fourth degree as
    43  defined in section 191.10, identity theft in the third degree as defined
    44  in section 191.15, identity theft in the second  degree  as  defined  in
    45  this  section,  identity theft in the first degree as defined in section
    46  191.25, aggravated identity theft in the second  degree  as  defined  in
    47  section 191.30, aggravated identity theft in the first degree as defined
    48  in section 191.35, criminal possession of a skimmer device in the second
    49  degree  as  defined  in section 191.40, criminal possession of a skimmer
    50  device in the first degree as defined in section 191.45 of this article,
    51  grand larceny in the fourth degree as defined in section  155.30,  grand
    52  larceny  in the third degree as defined in section 155.35, grand larceny
    53  in the second degree as defined in section 155.40 or  grand  larceny  in
    54  the  first  degree  as  defined in section 155.42 of this part, criminal
    55  possession of a forged instrument in the  third  degree  as  defined  in
    56  section 170.20, criminal possession of a forged instrument in the second

        S. 1563                             5
 
     1  degree  as  defined  in  section 170.25, criminal possession of a forged
     2  instrument in the first degree as defined  in  section  170.30  of  this
     3  title,  criminal  possession  of  stolen property in the fifth degree as
     4  defined in section 165.40, criminal possession of stolen property in the
     5  fourth  degree  as  defined  in  section  165.45, criminal possession of
     6  stolen property in the third degree as defined in section 165.50, crimi-
     7  nal possession of stolen property in the second  degree  as  defined  in
     8  section  165.52,  criminal  possession  of  stolen property in the first
     9  degree as defined in section 165.54 of this part, or criminal possession
    10  of forgery devices as defined in section 170.40 of this title; or
    11    2. assumes the identity of twenty-five or more persons  by  presenting
    12  himself  or  herself as those other persons, or by acting as those other
    13  persons, or by using personal identifying  information  of  those  other
    14  persons,  and thereby obtains goods, money, property or services or uses
    15  credit in the name of those persons, or  causes  financial  loss  to  at
    16  least one such person, or to another person or persons.
    17    Identity theft in the second degree is a class C felony.
    18  § 191.25 Identity theft in the first degree.
    19    A  person  is  guilty of identity theft in the first degree when he or
    20  she knowingly and with intent to defraud:
    21    1. assumes the identity of another person  by  presenting  himself  or
    22  herself  as  that  other person, or by acting as that other person or by
    23  using personal identifying information of that other person, and  there-
    24  by:
    25    (a)  obtains  goods, money, property or services or uses credit in the
    26  name of such other person  in  an  aggregate  amount  that  exceeds  two
    27  hundred thousand dollars; or
    28    (b)  causes  financial  loss  to  such  person or to another person or
    29  persons in  an  aggregate  amount  that  exceeds  two  hundred  thousand
    30  dollars; or
    31    (c)  commits  or  attempts  to commit a class B felony or higher level
    32  crime or acts as an accessory in the commission of a class B  or  higher
    33  level felony; or
    34    (d)  commits  the  crime  of  identity  theft  in the second degree as
    35  defined in section 191.20  of  this  article  and  has  been  previously
    36  convicted  within  the  last  five  years of identity theft in the fifth
    37  degree as defined in section 191.05, identity theft in the fourth degree
    38  as defined in section 191.10, identity theft  in  the  third  degree  as
    39  defined  in  section  191.15,  identity  theft  in  the second degree as
    40  defined in section 191.20, identity theft in the first degree as defined
    41  in this section, aggravated identity  theft  in  the  second  degree  as
    42  defined in section 191.30, aggravated identity theft in the first degree
    43  as defined in section 191.35, criminal possession of a skimmer device in
    44  the second degree as defined in section 191.40, criminal possession of a
    45  skimmer  device in the first degree as defined in section 191.45 of this
    46  article, grand larceny in  the  fourth  degree  as  defined  in  section
    47  155.30,  grand larceny in the third degree as defined in section 155.35,
    48  grand larceny in the second degree as defined in section 155.40 or grand
    49  larceny in the first degree as defined in section 155.42 of  this  part,
    50  criminal  possession  of  a  forged  instrument  in  the third degree as
    51  defined in section 170.20, criminal possession of a forged instrument in
    52  the second degree as defined in section 170.25, criminal possession of a
    53  forged instrument in the first degree as defined in  section  170.30  of
    54  this  title,  criminal possession of stolen property in the fifth degree
    55  as defined in section 165.40, criminal possession of stolen property  in
    56  the  fourth  degree as defined in section 165.45, criminal possession of

        S. 1563                             6
 
     1  stolen property in the third degree as defined in section 165.50, crimi-
     2  nal possession of stolen property in the second  degree  as  defined  in
     3  section  165.52,  criminal  possession  of  stolen property in the first
     4  degree as defined in section 165.54 of this part, or criminal possession
     5  of forgery devices as defined in section 170.40 of this title; or
     6    2. assumes the identity of fifty or more persons by presenting himself
     7  or  herself as those other persons, or by acting as those other persons,
     8  or by using personal identifying information of those other persons, and
     9  thereby obtains goods, money, property or services or uses credit in the
    10  name of those persons, or causes financial loss to  at  least  one  such
    11  person, or to another person or persons.
    12    Identity theft in the first degree is a class B felony.
    13  § 191.30 Aggravated identity theft in the second degree.
    14    A  person  is guilty of aggravated identity theft in the second degree
    15  when he or she commits identity theft in the fifth degree as defined  in
    16  section 191.05 of this article and knows that such other person is:
    17    1.  a  vulnerable  elderly  person  as defined in subdivision three of
    18  section 260.31 of this chapter; or
    19    2. an incompetent or physically disabled person as defined in subdivi-
    20  sion four of section 260.31 of this chapter.
    21    Aggravated identity theft in the second degree is a class E felony.
    22  § 191.35 Aggravated identity theft in the first degree.
    23    A person is guilty of aggravated identity theft in  the  first  degree
    24  when  he or she knowingly with intent to defraud assumes the identity of
    25  another person by presenting himself or herself as that other person, or
    26  by acting as that other person or by using personal identifying informa-
    27  tion of that other person, and knows that such person is a member of the
    28  armed forces, and knows that such member is presently  deployed  outside
    29  of the continental United States, and:
    30    1.  thereby  obtains goods, money, property or services or uses credit
    31  in the name of such member of the armed forces in  an  aggregate  amount
    32  that exceeds five hundred dollars; or
    33    2. thereby causes financial loss to such member of the armed forces in
    34  an aggregate amount that exceeds five hundred dollars.
    35    Aggravated identity theft in the first degree is a class D felony.
    36  § 191.40 Criminal possession of a skimmer device in the second degree.
    37    1.  A  person  is guilty of criminal possession of a skimmer device in
    38  the second degree when he or she possesses a  skimmer  device  with  the
    39  intent  that such device be used in furtherance of the commission of the
    40  crimes of identity theft or  grand  larceny  in  the  fourth  degree  as
    41  defined  in section 155.30, grand larceny in the third degree as defined
    42  in section 155.35, grand larceny in the  second  degree  as  defined  in
    43  section  155.40  or  grand  larceny  in  the  first degree as defined in
    44  section 155.42 of this part, criminal possession of stolen  property  in
    45  the  fourth  degree as defined in section 165.45, criminal possession of
    46  stolen property in the third degree as defined in section 165.50, crimi-
    47  nal possession of stolen property in the second  degree  as  defined  in
    48  section  165.52,  or criminal possession of stolen property in the first
    49  degree as defined in section 165.54 of this part.
    50    2. For purposes of this  article,  "skimmer  device"  means  a  device
    51  designed  or  adapted  to obtain personal identifying information from a
    52  credit card, debit card, public benefit card, access card or device,  or
    53  other card or device that contains personal identifying information.
    54    Criminal  possession  of  a  skimmer  device in the second degree is a
    55  class D felony.
    56  § 191.45 Criminal possession of a skimmer device in the first degree.

        S. 1563                             7
 
     1    A person is guilty of criminal possession of a skimmer device  in  the
     2  first  degree when he or she commits the crime of unlawful possession of
     3  a skimmer device in the second degree and he or she has been  previously
     4  convicted  within  the  last  five years of identity theft in the fourth
     5  degree  as defined in section 191.10, identity theft in the third degree
     6  as defined in section 191.15, identity theft in  the  second  degree  as
     7  defined in section 191.20, identity theft in the first degree as defined
     8  in section 191.25, unlawful possession of a skimmer device in the second
     9  degree as defined in section 191.40 of this article, unlawful possession
    10  of  a  skimmer  device  in  the first degree as defined in this section,
    11  grand larceny in the fourth degree as defined in section  155.30,  grand
    12  larceny  in the third degree as defined in section 155.35, grand larceny
    13  in the second degree as defined in section 155.40, grand larceny in  the
    14  first  degree  as defined in section 155.42 of this part, forgery in the
    15  third degree as defined in section 170.05, forgery in the second  degree
    16  as  defined in section 170.10, forgery in the first degree as defined in
    17  section 170.15, criminal possession of a forged instrument in the  third
    18  degree  as  defined  in  section 170.20, criminal possession of a forged
    19  instrument in the second degree as defined in section  170.25,  criminal
    20  possession  of  a  forged  instrument  in the first degree as defined in
    21  section 170.30 of this title, criminal possession of stolen property  in
    22  the  fifth  degree  as defined in section 165.40, criminal possession of
    23  stolen property in the fourth degree as defined in section 165.45, crim-
    24  inal possession of stolen property in the third  degree  as  defined  in
    25  section  165.50,  criminal  possession  of stolen property in the second
    26  degree as defined in section 165.52, criminal possession of stolen prop-
    27  erty in the first degree as defined in section 165.54 of this  part,  or
    28  criminal  possession  of forgery devices as defined in section 170.40 of
    29  this title.
    30    Criminal possession of a skimmer device in the first degree is a class
    31  C felony.
    32    § 2. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    33  law,  as  amended by chapter 368 of the laws of 2015, is amended to read
    34  as follows:
    35    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
    36  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    37  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
    38  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    39  135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
    40  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    41  140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
    42  145.12 relating to criminal mischief; article one hundred fifty relating
    43  to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
    44  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
    45  care fraud; article one hundred  sixty  relating  to  robbery;  sections
    46  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
    47  stolen property; sections 165.72 and 165.73 relating to trademark  coun-
    48  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
    49  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    50  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    51  176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
    52  to criminal diversion of  prescription  medications  and  prescriptions;
    53  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    54  200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
    55  215.00, 215.05 and 215.19; sections 187.10, 187.15,  187.20  and  187.25
    56  relating  to  residential  mortgage  fraud,  sections  190.40 and 190.42

        S. 1563                             8
 
     1  relating to criminal  usury;  section  190.65  relating  to  schemes  to
     2  defraud;  sections  191.05,  191.10, 191.15, 191.20, 191.25, 191.30, and
     3  191.35 relating to identity theft; any felony defined  in  article  four
     4  hundred  ninety-six;  sections  205.60  and 205.65 relating to hindering
     5  prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
     6  contempt; section 215.40 relating to tampering with  physical  evidence;
     7  sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,
     8  220.41,  220.43,  220.46,  220.55, 220.60, 220.65 and 220.77 relating to
     9  controlled substances; sections 225.10 and 225.20 relating to  gambling;
    10  sections  230.25, 230.30, and 230.32 relating to promoting prostitution;
    11  section 230.34 relating to sex  trafficking;  sections  235.06,  235.07,
    12  235.21  and  235.22  relating  to  obscenity; sections 263.10 and 263.15
    13  relating to promoting a sexual performance by a child; sections  265.02,
    14  265.03,  265.04,  265.11,  265.12,  265.13 and the provisions of section
    15  265.10 which constitute a felony relating to firearms and other  danger-
    16  ous  weapons;  sections 265.14 and 265.16 relating to criminal sale of a
    17  firearm; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor-
    18  ized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating
    19  to money laundering; or
    20    § 3. Paragraph (a) of subdivision 3 of section  490.05  of  the  penal
    21  law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
    22  is amended to read as follows:
    23    (a)  "Specified  offense" for purposes of this article means a class A
    24  felony offense other than an offense as defined in article  two  hundred
    25  twenty,   a   violent  felony  offense  as  defined  in  section  70.02,
    26  manslaughter in the second degree as defined in section 125.15, criminal
    27  tampering in the first degree as defined  in  section  145.20,  identity
    28  theft  in the second degree as defined in section [190.79] 191.20, iden-
    29  tity theft in the first degree as defined in  section  [190.80]  191.25,
    30  unlawful possession of personal identification information in the second
    31  degree  as  defined  in  section 190.82, unlawful possession of personal
    32  identification information in the first degree  as  defined  in  section
    33  190.83, money laundering in support of terrorism in the fourth degree as
    34  defined  in  section 470.21, money laundering in support of terrorism in
    35  the third degree as defined  in  section  470.22,  money  laundering  in
    36  support  of terrorism in the second degree as defined in section 470.23,
    37  money laundering in support of terrorism in the first degree as  defined
    38  in section 470.24 of this chapter, and includes an attempt or conspiracy
    39  to commit any such offense.
    40    §  4.  Sections  190.77,  190.78, 190.79, 190.80, 190.80-a, 190.85 and
    41  190.86 of the penal law are REPEALED.
    42    § 5. Subdivision 1 of section 60.27 of the penal law,  as  amended  by
    43  chapter 279 of the laws of 2008, is amended to read as follows:
    44    1.  In addition to any of the dispositions authorized by this article,
    45  the court shall consider restitution or reparation to the victim of  the
    46  crime  and may require restitution or reparation as part of the sentence
    47  imposed upon a person convicted of an offense, and after  providing  the
    48  district attorney with an opportunity to be heard in accordance with the
    49  provisions  of  this subdivision, require the defendant to make restitu-
    50  tion of the fruits of his or her offense or reparation  for  the  actual
    51  out-of-pocket  loss  caused  thereby  and, in the case of a violation of
    52  section [190.78, 190.79,  190.80,  190.82  or  190.83]  191.05,  191.10,
    53  191.15,  191.20  or 191.25 of this chapter, any costs or losses incurred
    54  due to any adverse action taken against the victim. The district  attor-
    55  ney  shall  where appropriate, advise the court at or before the time of
    56  sentencing that the victim seeks restitution or reparation,  the  extent

        S. 1563                             9
 
     1  of  injury  or  economic loss or damage of the victim, and the amount of
     2  restitution or reparation sought by the victim in accordance with his or
     3  her responsibilities under subdivision two  of  section  390.50  of  the
     4  criminal  procedure  law  and article twenty-three of the executive law.
     5  The court shall hear and  consider  the  information  presented  by  the
     6  district  attorney  in  this  regard.  In that event, or when the victim
     7  impact statement reports that the victim seeks  restitution  or  repara-
     8  tion,  the  court shall require, unless the interests of justice dictate
     9  otherwise, in addition to any of the  dispositions  authorized  by  this
    10  article that the defendant make restitution of the fruits of the offense
    11  and  reparation  for the actual out-of-pocket loss and, in the case of a
    12  violation of section [190.78, 190.79, 190.80, 190.82 or 190.83]  191.05,
    13  191.10,  191.15,  191.20  or 191.25 of this chapter, any costs or losses
    14  incurred due to any adverse action, caused thereby to the victim. In the
    15  event that restitution or reparation are not ordered,  the  court  shall
    16  clearly  state its reasons on the record. Adverse action as used in this
    17  subdivision shall mean and include actual loss incurred by  the  victim,
    18  including  an  amount equal to the value of the time reasonably spent by
    19  the victim attempting to remediate the harm incurred by the victim  from
    20  the offense, and the consequential financial losses from such action.
    21    § 6. Paragraph (b) of subdivision 4 of section 60.27 of the penal law,
    22  as  amended  by  chapter  313 of the laws of 2011, is amended to read as
    23  follows:
    24    (b) the term "victim" shall include the victim  of  the  offense,  the
    25  representative  of  a  crime  victim  as  defined  in subdivision six of
    26  section six hundred twenty-one of the executive law, an individual whose
    27  identity was assumed or whose personal identifying information was  used
    28  in  violation  of  section  [190.78,  190.79  or 190.80] 191.05, 191.10,
    29  191.15, 191.20 or 191.25 of this chapter, or any person who has suffered
    30  a financial loss as a direct result  of  the  acts  of  a  defendant  in
    31  violation  of section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05,
    32  191.10, 191.15, 191.20 or 191.25 of this chapter, a  good  samaritan  as
    33  defined  in  section six hundred twenty-one of the executive law and the
    34  office of victim services or other governmental agency that has received
    35  an application for or has provided financial assistance or  compensation
    36  to the victim.  A victim shall also mean any owner or lawful producer of
    37  a master recording, or a trade association that represents such owner or
    38  lawful  producer,  that has suffered injury as a result of an offense as
    39  defined in article two hundred seventy-five of this chapter.
    40    § 7. Subdivision 2 of section 646 of the executive law, as amended  by
    41  chapter 346 of the laws of 2007, is amended to read as follows:
    42    2.  An individual whose identity was assumed or whose personal identi-
    43  fying information, as defined in [section  190.77]  subdivision  one  of
    44  section  191.00  of  the  penal  law,  was  used in violation of section
    45  [190.78, 190.79 or 190.80] 191.05, 191.10, 191.15, 191.20 or  191.25  of
    46  the  penal  law,  or  any  person who has suffered a financial loss as a
    47  direct result of the  acts  of  a  defendant  in  violation  of  section
    48  [190.78,  190.79,  190.80,  190.82  or  190.83]  191.05, 191.10, 191.15,
    49  191.20 or 191.25 of  the  penal  law,  who  has  learned  or  reasonably
    50  suspects  that  his  or  her  personal  identifying information has been
    51  unlawfully used by another, may  make  a  complaint  to  the  local  law
    52  enforcement  agency  of the county in which any part of the offense took
    53  place regardless of whether the defendant was actually present  in  such
    54  county, or in the county in which the person who suffered financial loss
    55  resided  at  the time of the commission of the offense, or in the county
    56  where the person whose personal identification information was  used  in

        S. 1563                            10
 
     1  the  commission  of the offense resided at the time of the commission of
     2  the offense as provided in paragraph (l) of subdivision four of  section
     3  20.40  of  the criminal procedure law. Said local law enforcement agency
     4  shall  take  a  police  report of the matter and provide the complainant
     5  with a copy of such report free of charge.
     6    § 8. Paragraph (c) of subdivision 5 of section  156.00  of  the  penal
     7  law,  as  amended by chapter 558 of the laws of 2006, is amended to read
     8  as follows:
     9    (c) is not and is not intended to be available to  anyone  other  than
    10  the  person  or  persons  rightfully  in  possession thereof or selected
    11  persons having access thereto with his, her or their consent  and  which
    12  [accords  or  may  accord  such  rightful  possessors  an advantage over
    13  competitors or other persons who do not have knowledge  or  the  benefit
    14  thereof]  persons other than those rightly in possession, know or should
    15  know that said material is not intended to be available to them.
    16    § 9. Section 156.20 of the penal law, as amended by chapter 558 of the
    17  laws of 2006, is amended to read as follows:
    18  § 156.20 Computer tampering in the [fourth] fifth degree.
    19    A person is guilty of computer tampering in the [fourth] fifth  degree
    20  when he or she uses, causes to be used, or accesses a computer, computer
    21  service,  or computer network without authorization and he or she inten-
    22  tionally alters in any manner or destroys computer data  or  a  computer
    23  program of another person.
    24    Computer tampering in the [fourth] fifth degree is a class A misdemea-
    25  nor.
    26    § 10. Section 156.25 of the penal law, as amended by chapter 89 of the
    27  laws  of  1993,  subdivision  2 as amended by chapter 376 of the laws of
    28  1997, is amended to read as follows:
    29  § 156.25 Computer tampering in the [third] fourth degree.
    30    A person is guilty of computer tampering in the [third] fourth  degree
    31  when  he  or she commits the crime of computer tampering in the [fourth]
    32  fifth degree and:
    33    1. he or she does so with an intent to commit or attempt to commit  or
    34  further the commission of any felony; or
    35    2.  he  or  she  has been previously convicted of any crime under this
    36  article or subdivision eleven of section 165.15 of this chapter; or
    37    3. he or she intentionally alters in any manner or  destroys  computer
    38  material; or
    39    4.  he  or she intentionally alters in any manner or destroys computer
    40  data or a computer program so as to cause damages in an aggregate amount
    41  exceeding one thousand dollars.
    42    Computer tampering in the [third] fourth degree is a class E felony.
    43    § 11. Section 156.26 of the penal law, as amended by  chapter  590  of
    44  the laws of 2008, is amended to read as follows:
    45  § 156.26 Computer tampering in the [second] third degree.
    46    A  person is guilty of computer tampering in the [second] third degree
    47  when he or she commits the crime of computer tampering in  the  [fourth]
    48  fifth  degree  and  he  or  she  intentionally  alters  in any manner or
    49  destroys:
    50    1. computer data or a computer program so as to cause  damages  in  an
    51  aggregate amount exceeding three thousand dollars; or
    52    2.  computer  material that contains records of the medical history or
    53  medical treatment of an identified or readily identifiable individual or
    54  individuals and as a result of  such  alteration  or  destruction,  such
    55  individual  or individuals suffer serious physical injury, and he or she

        S. 1563                            11
 
     1  is aware of and consciously disregards a substantial  and  unjustifiable
     2  risk that such serious physical injury may occur.
     3    Computer tampering in the [second] third degree is a class D felony.
     4    §  12.  Section 156.27 of the penal law, as added by chapter 89 of the
     5  laws of 1993, is amended to read as follows:
     6  § 156.27 Computer tampering in the [first] second degree.
     7    A person is guilty of computer tampering in the [first] second  degree
     8  when  he  or she commits the crime of computer tampering in the [fourth]
     9  fifth degree and he  or  she  intentionally  alters  in  any  manner  or
    10  destroys  computer  data or a computer program so as to cause damages in
    11  an aggregate amount exceeding fifty thousand dollars.
    12    Computer tampering in the [first] second degree is a class C felony.
    13    § 13. The penal law is amended by adding a new section 156.28 to  read
    14  as follows:
    15  § 156.28 Computer tampering in the first degree.
    16    A  person  is guilty of computer tampering in the first degree when he
    17  or she commits the crime of computer tampering in the fifth  degree  and
    18  he  or  she intentionally alters in any manner or destroys computer data
    19  or a computer program and thereby causes damages in an aggregate  amount
    20  of one million dollars or more.
    21    Computer tampering in the first degree is a class B felony.
    22    §  14.  This  act  shall  take  effect  on  the first of November next
    23  succeeding the date on which it shall have become a law.
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