- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A04737 Summary:
BILL NO | A04737B |
  | |
SAME AS | SAME AS S02376-B |
  | |
SPONSOR | Lavine |
  | |
COSPNSR | |
  | |
MLTSPNSR | |
  | |
Amd 190.77 - 190.80, Pen L; amd 899-aa, Gen Bus L; amd 208, St Tech L | |
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Adds medical and health insurance information within the definitions of identity theft. |
A04737 Actions:
BILL NO | A04737B | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
02/23/2023 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2024 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
03/15/2024 | amend and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
03/15/2024 | print number 4737a | |||||||||||||||||||||||||||||||||||||||||||||||||
04/05/2024 | amend and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
04/05/2024 | print number 4737b | |||||||||||||||||||||||||||||||||||||||||||||||||
04/09/2024 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
04/12/2024 | advanced to third reading cal.405 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/15/2024 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
04/15/2024 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
04/15/2024 | REFERRED TO CODES |
A04737 Committee Votes:
Dinowitz | Aye | Morinello | Aye | ||||||
Pretlow | Aye | Reilly | Aye | ||||||
Cook | Aye | Mikulin | Aye | ||||||
Lavine | Aye | Tannousis | Aye | ||||||
Weprin | Aye | Curran | Aye | ||||||
Hevesi | Aye | Angelino | Aye | ||||||
Seawright | Aye | Flood | Aye | ||||||
Rosenthal | Aye | ||||||||
Walker | Aye | ||||||||
Vanel | Aye | ||||||||
Cruz | Aye | ||||||||
Carroll | Aye | ||||||||
Simon | Aye | ||||||||
Epstein | Aye | ||||||||
Bores | Aye | ||||||||
Go to top
A04737 Floor Votes:
Yes
Alvarez
Yes
Byrnes
Yes
Fall
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Anderson
Yes
Carroll
Yes ‡
Fitzpatrick
Yes
Kim
Yes
Palmesano
Yes
Slater
Yes
Angelino
Yes
Chandler-Waterm
Yes
Flood
Yes
Lavine
Yes
Paulin
Yes
Smith
Yes
Ardila
Yes
Chang
Yes
Forrest
Yes
Lee
Yes
Peoples-Stokes
Yes
Smullen
Yes
Aubry
Yes
Clark
Yes
Friend
Yes
Lemondes
Yes
Pheffer Amato
Yes
Solages
Yes
Barclay
Yes
Colton
Yes
Gallagher
Yes
Levenberg
Yes
Pirozzolo
Yes
Steck
Yes
Barrett
Yes
Conrad
Yes
Gallahan
ER
Lucas
Yes
Pretlow
Yes
Stern
Yes
Beephan
Yes
Cook
Yes
Gandolfo
Yes
Lunsford
Yes
Ra
Yes
Stirpe
Yes
Bendett
Yes
Cruz
Yes
Gibbs
Yes
Lupardo
Yes
Raga
Yes
Tague
Yes
Benedetto
Yes
Cunningham
Yes
Giglio JA
Yes
Magnarelli
Yes
Rajkumar
Yes
Tannousis
Yes
Berger
Yes
Curran
Yes
Giglio JM
Yes
Maher
Yes
Ramos
Yes
Tapia
Yes
Bichotte Hermel
Yes
Dais
Yes
Glick
Yes
Mamdani
ER
Reilly
Yes
Taylor
Yes
Blankenbush
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Blumencranz
Yes
Davila
Yes
Goodell
Yes
McDonald
Yes
Rivera
Yes
Vanel
Yes
Bores
Yes
De Los Santos
Yes
Gray
Yes ‡
McDonough
Yes
Rosenthal
Yes
Walker
Yes
Brabenec
Yes
DeStefano
Yes
Gunther
ER
McGowan
Yes
Rozic
Yes
Wallace
Yes
Braunstein
Yes ‡
Dickens
Yes
Hawley
Yes
McMahon
Yes
Santabarbara
Yes
Walsh
Yes
Bronson
Yes
Dilan
Yes
Hevesi
Yes
Meeks
Yes
Sayegh
Yes
Weinstein
Yes
Brook-Krasny
Yes
Dinowitz
Yes
Hunter
Yes
Mikulin
Yes
Seawright
Yes
Weprin
Yes
Brown EA
Yes
DiPietro
Yes
Hyndman
Yes
Miller
Yes
Septimo
Yes
Williams
Yes
Brown K
Yes
Durso
Yes
Jackson
Yes
Mitaynes
Yes
Shimsky
Yes
Woerner
Yes
Burdick
Yes
Eachus
Yes
Jacobson
Yes
Morinello
Yes
Shrestha
Yes
Zaccaro
Yes
Burgos
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Norris
Yes ‡
Sillitti
Yes
Zebrowski
Yes
Burke
Yes
Epstein
Yes
Jensen
Yes
Novakhov
Yes
Simon
Yes
Zinerman
Yes
Buttenschon
Yes
Fahy
Yes
Jones
Yes
O'Donnell
Yes
Simone
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A04737 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4737--B 2023-2024 Regular Sessions IN ASSEMBLY February 23, 2023 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, the general business law and the state technology law, in relation to adding medical and health insurance information within the definitions of identity theft The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 190.77 of the penal law is 2 amended by adding two new paragraphs d and e to read as follows: 3 d. "medical information" means any information regarding an individ- 4 ual's medical history, mental or physical condition, or medical treat- 5 ment or diagnosis by a health care professional. 6 e. "health insurance information" means an individual's health insur- 7 ance policy number or subscriber identification number, any unique iden- 8 tifier used by a health insurer to identify the individual or any infor- 9 mation in an individual's application and claims history, including, but 10 not limited to, appeals history. 11 § 2. Section 190.78 of the penal law, as added by chapter 619 of the 12 laws of 2002, is amended to read as follows: 13 § 190.78 Identity theft in the third degree. 14 A person is guilty of identity theft in the third degree when [he or15she] such person knowingly and with intent to defraud assumes the iden- 16 tity of another person by presenting [himself or herself] themself as 17 that other person, or by acting as that other person or by using 18 personal identifying information of that other person, and thereby: 19 1. obtains goods, money, medical information, health insurance infor- 20 mation, property or services or uses credit in the name of such other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01629-08-4A. 4737--B 2 1 person or causes financial loss to such person or to another person or 2 persons; or 3 2. commits a class A misdemeanor or higher level crime. 4 Identity theft in the third degree is a class A misdemeanor. 5 § 3. Section 190.79 of the penal law, as added by chapter 619 of the 6 laws of 2002 and subdivision 4 as amended by chapter 279 of the laws of 7 2008, is amended to read as follows: 8 § 190.79 Identity theft in the second degree. 9 A person is guilty of [identify] identity theft in the second degree 10 when [he or she] such person knowingly and with intent to defraud 11 assumes the identity of another person by presenting [himself or12herself] themself as that other person, or by acting as that other 13 person or by using personal identifying information of that other 14 person, and thereby: 15 1. obtains goods, money, medical information, health insurance infor- 16 mation, property or services or uses credit in the name of such other 17 person in an aggregate amount that exceeds five hundred dollars; or 18 2. causes financial loss to such person or to another person or 19 persons in an aggregate amount that exceeds five hundred dollars; or 20 3. commits or attempts to commit a felony or acts as an accessory to 21 the commission of a felony; or 22 4. commits the crime of identity theft in the third degree as defined 23 in section 190.78 of this article and has been previously convicted 24 within the last five years of identity theft in the third degree as 25 defined in section 190.78, identity theft in the second degree as 26 defined in this section, identity theft in the first degree as defined 27 in section 190.80, unlawful possession of personal identification infor- 28 mation in the third degree as defined in section 190.81, unlawful 29 possession of personal identification information in the second degree 30 as defined in section 190.82, unlawful possession of personal identifi- 31 cation information in the first degree as defined in section 190.83, 32 unlawful possession of a skimmer device in the second degree as defined 33 in section 190.85, unlawful possession of a skimmer device in the first 34 degree as defined in section 190.86, grand larceny in the fourth degree 35 as defined in section 155.30, grand larceny in the third degree as 36 defined in section 155.35, grand larceny in the second degree as defined 37 in section 155.40 or grand larceny in the first degree as defined in 38 section 155.42 of this chapter. 39 Identity theft in the second degree is a class E felony. 40 § 4. Section 190.80 of the penal law, as added by chapter 619 of the 41 laws of 2002, subdivision 4 as amended by chapter 279 of the laws of 42 2008, is amended to read as follows: 43 § 190.80 Identity theft in the first degree. 44 A person is guilty of identity theft in the first degree when [he or45she] such person knowingly and with intent to defraud assumes the iden- 46 tity of another person by presenting [himself or herself] themself as 47 that other person, or by acting as that other person or by using 48 personal identifying information of that other person, and thereby: 49 1. obtains goods, money, medical information, health insurance infor- 50 mation, property or services or uses credit in the name of such other 51 person in an aggregate amount that exceeds two thousand dollars; or 52 2. causes financial loss to such person or to another person or 53 persons in an aggregate amount that exceeds two thousand dollars; or 54 3. commits or attempts to commit a class D felony or higher level 55 crime or acts as an accessory in the commission of a class D or higher 56 level felony; orA. 4737--B 3 1 4. commits the crime of identity theft in the second degree as defined 2 in section 190.79 of this article and has been previously convicted 3 within the last five years of identity theft in the third degree as 4 defined in section 190.78, identity theft in the second degree as 5 defined in section 190.79, identity theft in the first degree as defined 6 in this section, unlawful possession of personal identification informa- 7 tion in the third degree as defined in section 190.81, unlawful 8 possession of personal identification information in the second degree 9 as defined in section 190.82, unlawful possession of personal identifi- 10 cation information in the first degree as defined in section 190.83, 11 unlawful possession of a skimmer device in the second degree as defined 12 in section 190.85, unlawful possession of a skimmer device in the first 13 degree as defined in section 190.86, grand larceny in the fourth degree 14 as defined in section 155.30, grand larceny in the third degree as 15 defined in section 155.35, grand larceny in the second degree as defined 16 in section 155.40 or grand larceny in the first degree as defined in 17 section 155.42 of this chapter. 18 Identity theft in the first degree is a class D felony. 19 § 5. Paragraph (b) of subdivision 1 of section 899-aa of the general 20 business law is amended by adding two new undesignated paragraphs and 21 subparagraph (i) of such paragraph is amended by adding two new clauses 22 6 and 7 to read as follows: 23 (6) medical information; or 24 (7) health insurance information; or 25 For the purposes of this paragraph, "medical information" means any 26 information regarding an individual's medical history, mental or phys- 27 ical condition, or medical treatment or diagnosis by a health care 28 professional. 29 For the purposes of this paragraph, "health insurance information" 30 means an individual's health insurance policy number or subscriber iden- 31 tification number, any unique identifier used by a health insurer to 32 identify the individual or any information in an individual's applica- 33 tion and claims history, including, but not limited to, appeals history. 34 § 6. Paragraph (a) of subdivision 1 of section 208 of the state tech- 35 nology law is amended by adding two new undesignated paragraphs and 36 subparagraph (i) of such paragraph is amended by adding two new clauses 37 6 and 7 to read as follows: 38 (6) medical information; or 39 (7) health insurance information; or 40 For the purposes of this paragraph, "medical information" means any 41 information regarding an individual's medical history, mental or phys- 42 ical condition, or medical treatment or diagnosis by a health care 43 professional. 44 For the purposes of this paragraph, "health insurance information" 45 means an individual's health insurance policy number or subscriber iden- 46 tification number, any unique identifier used by a health insurer to 47 identify the individual or any information in an individual's applica- 48 tion and claims history, including, but not limited to, appeals history. 49 § 7. This act shall take effect on the ninetieth day after it shall 50 have become a law. Effective immediately, the addition, amendment 51 and/or repeal of any rule or regulation necessary for the implementation 52 of this act on its effective date are authorized to be made and 53 completed on or before such effective date.