Bill Text: NY A08151 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to unlawfully purchasing or selling personal identifying information.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2014-05-28 - held for consideration in codes [A08151 Detail]

Download: New_York-2013-A08151-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8151
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    August 30, 2013
                                      ___________
       Introduced  by  M. of A. KOLB, OAKS, GIGLIO, McKEVITT -- Multi-Sponsored
         by -- M. of A.   BARCLAY, CROUCH, JORDAN, P. LOPEZ,  REILICH  --  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:
    1    Section  1.  The  penal  law  is  amended by adding three new sections
    2  190.87, 190.88 and 190.89 to read as follows:
    3  S 190.87 PERSONAL IDENTIFYING INFORMATION; DEFINITION.
    4    FOR THE PURPOSES OF SECTIONS 190.88 AND 190.89 OF  THIS  ARTICLE,  THE
    5  TERM  "PERSONAL  IDENTIFYING  INFORMATION" INCLUDES A BIRTH CERTIFICATE,
    6  PASSPORT  NUMBER,  DRIVER'S  LICENSE  NUMBER,  SOCIAL  SECURITY  NUMBER,
    7  TAXPAYER  IDENTIFICATION  NUMBER,  FINANCIAL  SERVICES ACCOUNT NUMBER OR
    8  CODE, SAVINGS ACCOUNT NUMBER OR CODE, CHECKING ACCOUNT NUMBER  OR  CODE,
    9  BROKERAGE  ACCOUNT  NUMBER  OR CODE, CREDIT CARD ACCOUNT NUMBER OR CODE,
   10  DEBIT CARD NUMBER OR CODE, AUTOMATED  TELLER  MACHINE  NUMBER  OR  CODE,
   11  PERSONAL  IDENTIFICATION  NUMBER,  MOTHER'S MAIDEN NAME, COMPUTER SYSTEM
   12  PASSWORD, ELECTRONIC SIGNATURE OR UNIQUE BIOMETRIC DATA THAT IS A  FING-
   13  ERPRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE OF ANOTHER PERSON.
   14  S 190.88 UNLAWFUL  PURCHASE  OR SALE OF PERSONAL IDENTIFYING INFORMATION
   15             IN THE SECOND DEGREE.
   16    A PERSON IS GUILTY OF UNLAWFUL PURCHASE OR SALE OF PERSONAL  IDENTIFY-
   17  ING  INFORMATION  IN THE SECOND DEGREE WHEN HE OR SHE SELLS OR OFFERS TO
   18  SELL OR HE OR SHE PURCHASES  OR  OFFERS  TO  PURCHASE  ANOTHER  PERSON'S
   19  PERSONAL IDENTIFYING INFORMATION AND:
   20    1.  HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSONAL IDEN-
   21  TIFYING INFORMATION IS INTENDED TO BE USED TO DEFRAUD, DECEIVE OR INJURE
   22  ANOTHER; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11357-02-3
       A. 8151                             2
    1    2. HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSONAL  IDEN-
    2  TIFYING  INFORMATION IS INTENDED TO BE USED IN FURTHERANCE OF A CRIME OR
    3  VIOLATION DEFINED IN THIS CHAPTER.
    4    UNLAWFUL  PURCHASE  OR SALE OF PERSONAL IDENTIFYING INFORMATION IN THE
    5  SECOND DEGREE IS A CLASS E FELONY.
    6  S 190.89 UNLAWFUL PURCHASE OR SALE OF PERSONAL  IDENTIFYING  INFORMATION
    7             IN THE FIRST DEGREE.
    8    A  PERSON IS GUILTY OF UNLAWFUL PURCHASE OR SALE OF PERSONAL IDENTIFY-
    9  ING INFORMATION IN THE FIRST DEGREE WHEN:
   10    1. HE OR SHE COMMITS  THE  CRIME  OF  UNLAWFUL  PURCHASE  OR  SALE  OF
   11  PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE; AND
   12    (A) HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE YEARS
   13  OF  UNLAWFUL PURCHASE OR SALE OF PERSONAL IDENTIFYING INFORMATION IN THE
   14  SECOND DEGREE AS DEFINED IN SECTION 190.88 OF THIS ARTICLE; OR
   15    (B) HE OR SHE KNOWINGLY SELLS OR OFFERS TO SELL OR PURCHASES OR OFFERS
   16  TO PURCHASE FIFTY OR MORE PERSONS' PERSONAL IDENTIFYING INFORMATION; OR
   17    2. WITH INTENT TO FURTHER THE COMMISSION OF UNLAWFUL PURCHASE OR  SALE
   18  OF  PERSONAL  IDENTIFYING  INFORMATION  IN  THE SECOND DEGREE, HE OR SHE
   19  SUPERVISES MORE THAN THREE ACCOMPLICES.
   20    UNLAWFUL PURCHASE OR SALE OF PERSONAL IDENTIFYING INFORMATION  IN  THE
   21  FIRST DEGREE IS A CLASS D FELONY.
   22    S 2. This act shall take effect on the first of November next succeed-
   23  ing the date on which it shall have become a law.