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A10501 Summary:

BILL NOA10501
 
SAME ASNo Same As
 
SPONSORSantabarbara
 
COSPNSR
 
MLTSPNSR
 
Add §§190.28 & 190.29, Pen L; add §399-ppp, Gen Bus L
 
Establishes the crimes of criminal electronic impersonation and aggravated criminal electronic impersonation; requires certain voice-over internet, call-routing and electronic communication services to preserve certain call routing and originating connection records and to provide such records to law enforcement upon request.
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A10501 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10501
 
                   IN ASSEMBLY
 
                                      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:
 
     1    Section  1. The penal law is amended by adding a new section 190.28 to
     2  read as follows:
     3  § 190.28 Criminal electronic impersonation.
     4    A person is guilty of criminal  electronic  impersonation  when,  with
     5  intent  to  defraud,  extort,  harass,  create fear, or interfere with a
     6  police or emergency investigation, such person  knowingly  falsifies  or
     7  manipulates  caller identification information, electronic communication
     8  routing,  or  internet-based  calling  services  to  misrepresent   such
     9  person's identity or the origin of a communication.
    10    Criminal electronic impersonation is a class A misdemeanor.
    11    §  2.  The penal law is amended by adding a new section 190.29 to read
    12  as follows:
    13  § 190.29 Aggravated criminal electronic impersonation.
    14    A person is guilty of  aggravated  criminal  electronic  impersonation
    15  when  such person commits the crime of criminal electronic impersonation
    16  in violation of section 190.28 of this article and such conduct:
    17    1. occurs during a missing person, kidnapping or extortion incident;
    18    2. impersonates a victim, family member or law enforcement officer; or
    19    3. results in diversion of emergency resources  or  risk  of  physical
    20  injury.
    21    Aggravated criminal electronic impersonation is a class E felony.
    22    §  3. The general business law is amended by adding a new section 399-
    23  ppp to read as follows:
    24    § 399-ppp.  Emergency  disclosure  of  caller  identification  routing
    25  information.  Any voice-over-internet, call-routing or electronic commu-
    26  nication service doing business with residents of the state of New  York
    27  shall:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15114-01-6

        A. 10501                            2
 
     1    1.  maintain  a twenty-four hour law enforcement contact for emergency
     2  requests;
     3    2. maintain call routing and originating connection records sufficient
     4  to  identify  the originating user or device in cases involving criminal
     5  investigation upon an exigent request involving imminent risk  of  harm;
     6  and
     7    3. provide such records maintained pursuant to subdivision two of this
     8  section  to  law  enforcement  upon  request, consistent with applicable
     9  emergency disclosure standards.
    10    § 4. Nothing in this act shall be construed to  regulate  telecommuni-
    11  cations transmission standards or conflict with federal authority.
    12    § 5. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.
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