Bill Text: NY S04072 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to cyber crimes and identity theft; increases penalties for certain acts involving use of personal information, fraud, tampering, theft and use of a computer to commit crimes.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Engrossed - Dead) 2016-06-17 - referred to codes [S04072 Detail]
Download: New_York-2015-S04072-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4072--B 2015-2016 Regular Sessions IN SENATE February 26, 2015 ___________ Introduced by Sens. GOLDEN, CROCI, DeFRANCISCO, FUNKE, GALLIVAN, GRIFFO, LARKIN, LITTLE, NOZZOLIO, ORTT, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law and the criminal procedure law, in relation to cyber crimes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2, 3 and 4 of section 155.00 of the penal 2 law, subdivision 1 as amended by chapter 514 of the laws of 1986, are 3 amended and two new subdivisions 10 and 11 are added to read as follows: 4 1. "Property" means any money, personal property, real property, 5 computer data, computer program, personal identifying information, 6 secret scientific material, thing in action, evidence of debt or 7 contract, or any article, substance or thing of value, including any 8 gas, steam, water or electricity, which is provided for a charge or 9 compensation. 10 2. "Obtain" includes, but is not limited to, the bringing about of a 11 transfer or purported transfer of property or of a legal interest there- 12 in, whether to the obtainer or another. With regard to personal identi- 13 fying information, computer data or computer program, obtain includes 14 duplicating, recording, copying, downloading, uploading or printing out 15 the information, data, or program, or obtaining a physical object 16 containing such information. With regard to service, obtain includes, 17 but is not limited to, using or accessing a service. 18 3. "Deprive." To "deprive" another of property means (a) to withhold 19 it or cause it to be withheld from him or her permanently or for so EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08856-08-6S. 4072--B 2 1 extended a period or under such circumstances that the major portion of 2 its economic value or benefit is lost to him or her, or (b) to dispose 3 of the property in such manner or under such circumstances as to render 4 it unlikely that an owner will recover such property. When the property 5 is personal identifying information, computer data or computer program, 6 to deprive another of its means to obtain it or cause a third person to 7 obtain it under such circumstances that a substantial portion of the 8 economic benefit or value of having control over it or authority over 9 its use is lost to an owner. To deprive another of service is to use or 10 access a service or cause a third person to use or access a service 11 under such circumstances that some of the economic benefit or value of 12 having control or authority over providing the service is lost to an 13 owner. 14 4. "Appropriate." To "appropriate" property of another to oneself or a 15 third person means (a) to exercise control over it, or to aid a third 16 person to exercise control over it, permanently or for so extended a 17 period or under such circumstances as to acquire the major portion of 18 its economic value or benefit, or (b) to dispose of the property for the 19 benefit of oneself or a third person. When the property is personal 20 identifying information, computer data or computer program of another, 21 to appropriate it to oneself or a third person means to obtain it under 22 such circumstances as to acquire the ability to use it or dispose of it 23 to the economic benefit of oneself or a third person or to the economic 24 detriment or damage of an owner. To appropriate a service provided by 25 another to oneself or a third person means to use or access the service 26 under such circumstances as to acquire the ability to use it to the 27 economic benefit of oneself or a third person or to the economic detri- 28 ment or damage of an owner. 29 10. "Computer program" means an ordered set of data representing coded 30 instructions or statements that when executed by the computer, cause the 31 computer to process data or direct the computer to perform one or more 32 computer operations or both and may be in any form, including magnetic 33 storage media, optical media, computing devices, punched cards, or 34 stored internally in the memory of the computer. 35 11. "Computer data" means a representation of information, knowledge, 36 facts, concept or instructions which are being processed, or have been 37 processed in a computer and may be in any form including magnetic stor- 38 age media, punched cards, or stored internally in the memory of the 39 computer. 40 § 2. Paragraph (c) of subdivision 2 of section 155.05 of the penal law 41 is amended and a new paragraph (f) is added to read as follows: 42 (c) By committing the crime of issuing a bad check, as defined in 43 section 190.05, or by obtaining property or service by using or present- 44 ing a form of payment or personal identifying information the actor 45 knows he or she is not authorized to use or knows is expired or forged 46 or otherwise not valid; 47 (f) By theft of service. Theft of service means either: (i) using or 48 accessing a service in a manner that otherwise requires payment and 49 intentionally failing to pay for such use or access by either tampering 50 without authority with a delivery, payment, or measurement device or 51 mechanism, or by entering or leaving premises where the service is 52 provided by stealth or by evading a physical barrier, or (ii) using or 53 accessing a service in a manner that otherwise requires payment or the 54 presentation of personal identifying information and using or presenting 55 a form of payment or personal identifying information the actor knows heS. 4072--B 3 1 or she is not authorized to use or knows is expired or forged or other- 2 wise not valid. 3 § 3. Subdivision 1 of section 155.20 of the penal law is amended to 4 read as follows: 5 1. Except as otherwise specified in this section, value means the 6 market value of the property at the time and place of the crime, or if 7 such cannot be satisfactorily ascertained, the cost of replacement of 8 the property within a reasonable time after the crime. With regard to 9 service, value shall also mean the cost of providing the service at the 10 time of the crime, and with regard to the value of computer data or 11 computer program value shall mean the replacement cost or the market 12 value at the time and place of the crime, or the cost to write or devel- 13 op such data and/or program, whichever is greater. 14 § 4. The penal law is amended by adding a new section 155.23 to read 15 as follows: 16 § 155.23 Petit theft of service. 17 A person is guilty of petit theft of service when he or she steals a 18 service. 19 Petit theft of service is a class B misdemeanor. 20 § 5. Section 155.25 of the penal law is amended to read as follows: 21 § 155.25 Petit larceny. 22 A person is guilty of petit larceny when he or she steals property, or 23 steals a service and the value of the service exceeds five hundred 24 dollars. 25 Petit larceny is a class A misdemeanor. 26 § 6. The opening paragraph and subdivisions 1, 4 and 6 of section 27 155.30 of the penal law, the opening paragraph and subdivisions 1 and 6 28 as amended by chapter 515 of the laws of 1986, subdivision 4 as amended 29 by chapter 556 of the laws of 1987, are amended to read as follows: 30 A person is guilty of grand larceny in the fourth degree when he or 31 she steals property or a service and when: 32 1. The value of the property or service exceeds one thousand dollars; 33 or 34 4. The property consists of a credit card or debit card or personal 35 identifying information; or 36 6. The property or service, regardless of its nature and value, is 37 obtained by extortion; or 38 § 7. Section 155.35 of the penal law, as amended by chapter 464 of the 39 laws of 2010, is amended to read as follows: 40 § 155.35 Grand larceny in the third degree. 41 A person is guilty of grand larceny in the third degree when he or she 42 steals property or a service and: 43 1. when the value of the property exceeds three thousand dollars, or 44 2. the property is an automated teller machine or the contents of an 45 automated teller machine, or 46 3. the property is personal identifying information of twenty-five or 47 more persons. 48 Grand larceny in the third degree is a class D felony. 49 § 8. Section 155.40 of the penal law, as amended by chapter 515 of the 50 laws of 1986, is amended to read as follows: 51 § 155.40 Grand larceny in the second degree. 52 A person is guilty of grand larceny in the second degree when he or 53 she steals property or a service and when: 54 1. The value of the property or service exceeds fifty thousand 55 dollars; orS. 4072--B 4 1 2. The property or service, regardless of its nature and value, is 2 obtained by extortion committed by instilling in the victim a fear that 3 the actor or another person will (a) cause physical injury to some 4 person in the future, or (b) cause damage to property, or (c) use or 5 abuse his or her position as a public servant by engaging in conduct 6 within or related to his or her official duties, or by failing or refus- 7 ing to perform an official duty, in such manner as to affect some person 8 adversely, or 9 3. the property is personal identifying information of one hundred or 10 more persons. 11 Grand larceny in the second degree is a class C felony. 12 § 9. Section 155.42 of the penal law, as added by chapter 515 of the 13 laws of 1986, is amended to read as follows: 14 § 155.42 Grand larceny in the first degree. 15 A person is guilty of grand larceny in the first degree when he or she 16 steals property or a service and when the value of the property or 17 service exceeds one million dollars; or the property is personal identi- 18 fying information of one thousand or more persons. 19 Grand larceny in the first degree is a class B felony. 20 § 10. Subdivisions 5 and 8 of section 156.00 of the penal law, subdi- 21 vision 5 as amended and subdivision 8 as added by chapter 558 of the 22 laws of 2006, are amended to read as follows: 23 5. "Computer material" is property and means any computer data or 24 computer program which: 25 (a) contains records of the medical history or medical treatment of an 26 identified or readily identifiable individual or individuals. This term 27 shall not apply to the gaining access to or duplication solely of the 28 medical history or medical treatment records of a person by that person 29 or by another specifically authorized by the person whose records are 30 gained access to or duplicated; or 31 (b) contains records maintained by the state or any political subdivi- 32 sion thereof or any governmental instrumentality within the state which 33 contains any information concerning a person, as defined in subdivision 34 seven of section 10.00 of this chapter, which because of name, number, 35 symbol, mark or other identifier, can be used to identify the person and 36 which is otherwise prohibited by law from being disclosed. This term 37 shall not apply to the gaining access to or duplication solely of 38 records of a person by that person or by another specifically authorized 39 by the person whose records are gained access to or duplicated; or 40 (c) is not and is not intended to be available to anyone other than 41 the person or persons rightfully in possession thereof or selected 42 persons having access thereto with his, her or their consent and which 43 [accords or may accord such rightful possessors an advantage over44competitors or other persons who do not have knowledge or the benefit45thereof] any person, other than a person rightfully in possession, knows 46 or should know is not intended to be available to him or her. 47 8. "Without authorization" means to use or to access a computer, 48 computer service or computer network without the permission of the owner 49 or lessor or someone licensed or privileged by the owner or lessor where 50 such person knew that his or her use or access was without permission or 51 after actual notice to such person that such use or access was without 52 permission, or that such use or access was for purposes other than those 53 for which permission was granted by the owner, lessor, or someone 54 licensed or privileged by such owner or lessor. It shall also mean the 55 access of a computer service by a person without permission where suchS. 4072--B 5 1 person knew that such access was without permission or after actual 2 notice to such person, that such access was without permission. 3 Proof that such person used or accessed a computer, computer service 4 or computer network through the knowing use of a set of instructions, 5 code or computer program that bypasses, defrauds or otherwise circum- 6 vents a security measure installed or used with the user's authorization 7 on the computer, computer service or computer network shall be presump- 8 tive evidence that such person used or accessed such computer, computer 9 service or computer network without authorization. 10 § 11. Section 156.20 of the penal law, as amended by chapter 558 of 11 the laws of 2006, is amended to read as follows: 12 § 156.20 Computer tampering in the [fourth] fifth degree. 13 A person is guilty of computer tampering in the [fourth] fifth degree 14 when he or she uses, causes to be used, or accesses a computer, computer 15 service, or computer network without authorization and he or she inten- 16 tionally alters in any manner or destroys computer data or a computer 17 program of another person. 18 Computer tampering in the [fourth] fifth degree is a class A misdemea- 19 nor. 20 § 12. Section 156.25 of the penal law, as amended by chapter 89 of the 21 laws of 1993, subdivision 2 as amended by chapter 376 of the laws of 22 1997, is amended to read as follows: 23 § 156.25 Computer tampering in the [third] fourth degree. 24 A person is guilty of computer tampering in the third degree when he 25 or she commits the crime of computer tampering in the [fourth] fifth 26 degree and: 27 1. he or she does so with an intent to commit or attempt to commit or 28 further the commission of any felony; or 29 2. he or she has been previously convicted of any crime under this 30 article or subdivision eleven of section 165.15 of this chapter; or 31 3. he or she intentionally alters in any manner or destroys computer 32 material; or 33 4. he or she intentionally alters in any manner or destroys computer 34 data or a computer program so as to cause damages in an aggregate amount 35 exceeding one thousand dollars. 36 Computer tampering in the [third] fourth degree is a class E felony. 37 § 13. Section 156.26 of the penal law, as amended by chapter 590 of 38 the laws of 2008, is amended to read as follows: 39 § 156.26 Computer tampering in the [second] third degree. 40 A person is guilty of computer tampering in the [second] third degree 41 when he or she commits the crime of computer tampering in the fourth 42 degree and he or she intentionally alters in any manner or destroys: 43 1. computer data or a computer program so as to cause damages in an 44 aggregate amount exceeding three thousand dollars; or 45 2. computer material that contains records of the medical history or 46 medical treatment of an identified or readily identifiable individual or 47 individuals and as a result of such alteration or destruction, such 48 individual or individuals suffer serious physical injury, and he or she 49 is aware of and consciously disregards a substantial and unjustifiable 50 risk that such serious physical injury may occur. 51 Computer tampering in the [second] third degree is a class D felony. 52 § 14. Section 156.27 of the penal law, as added by chapter 89 of the 53 laws of 1993, is amended to read as follows: 54 § 156.27 Computer tampering in the [first] second degree. 55 A person is guilty of computer tampering in the [first] second degree 56 when he or she commits the crime of computer tampering in the fourthS. 4072--B 6 1 degree and he or she intentionally alters in any manner or destroys 2 computer data or a computer program so as to cause damages in an aggre- 3 gate amount exceeding fifty thousand dollars. 4 Computer tampering in the [first] second degree is a class C felony. 5 § 15. The penal law is amended by adding a new section 156.28 to read 6 as follows: 7 § 156.28 Computer tampering in the first degree. 8 A person is guilty of computer tampering in the first degree when he 9 or she commits the crime of computer tampering in the fifth degree and 10 he or she intentionally alters in any manner or destroys computer data 11 or a computer program and thereby causes damages in an aggregate amount 12 of one million dollars or more. 13 Computer tampering in the first degree is a class B felony. 14 § 16. The penal law is amended by adding five new sections 156.60, 15 156.65, 156.70, 156.75 and 156.80 to read as follows: 16 § 156.60 Denial of service attack on a computer, computer service, 17 computer program, or computer network in the fifth degree. 18 A person is guilty of denial of service attack on a computer, computer 19 service, computer program, or computer network in the fifth degree when 20 he or she acting alone or with others knowingly causes the transmission 21 of a program, information, code, or command, or other electronic commu- 22 nication, and as a result of such conduct, intentionally makes the 23 computer, computer service, computer program, or computer network tempo- 24 rarily or indefinitely unavailable to its intended users. 25 Denial of service attack on a computer, computer service, computer 26 program, or computer network in the fifth degree is a class A misdemea- 27 nor. 28 § 156.65 Denial of service attack on a computer, computer service, 29 computer program, or computer network in the fourth degree. 30 A person is guilty of denial of service attack on a computer, computer 31 service, computer program, or computer network in the fourth degree when 32 he or she commits the crime of denial of service attack on a computer, 33 computer service, computer program, or computer network in the fifth 34 degree and thereby causes damages or loss that exceeds one thousand 35 dollars to another person or persons, and/or one or more financial 36 institutions and/or other businesses. 37 Denial of service attack on a computer, computer service, computer 38 program, or computer network in the fourth degree is a class E felony. 39 § 156.70 Denial of service attack on a computer, computer service, 40 computer program, or computer network in the third degree. 41 A person is guilty of denial of service attack on a computer in the 42 third degree when he or she commits the crime of denial of service 43 attack on a computer, computer service, computer program, or computer 44 network in the fifth degree and thereby causes damages or loss that 45 exceeds three thousand dollars to another person or persons, and/or to 46 one or more financial institutions and/or other businesses, or commits 47 or attempts to commit a class D felony or higher level crime or acts as 48 an accessory to the commission of a class D or higher level felony. 49 Denial of service attack on a computer, computer service, computer 50 program, or computer network in the third degree is a class D felony. 51 § 156.75 Denial of service attack on a computer, computer service, 52 computer program, or computer network in the second degree. 53 A person is guilty of denial of service attack on a computer, computer 54 service, computer program, or computer network in the second degree when 55 he or she commits the crime of denial of service attack on a computer, 56 computer service, computer program, or computer network in the fifthS. 4072--B 7 1 degree and thereby causes damages or loss that exceeds fifty thousand 2 dollars to another person or persons, and/or financial institutions 3 and/or other businesses, or commits or attempts to commit a class C 4 felony or higher level crime or acts as an accessory in the commission 5 of a class C or higher level felony. 6 Denial of service attack on a computer, computer service, computer 7 program, or computer network in the second degree is a class C felony. 8 § 156.80 Denial of service attack on a computer, computer service, 9 computer program, or computer network in the first degree. 10 A person is guilty of denial of service attack on a computer, computer 11 service, computer program, or computer network in the first degree when 12 he or she commits the crime of denial of service attack on a computer, 13 computer service, computer program, or computer network in the fifth 14 degree and thereby causes damages or loss that exceeds one million 15 dollars to another person or persons, and/or one or more financial 16 institutions and/or other businesses, or commits or attempts to commit a 17 class B felony or higher level crime or acts as an accessory in the 18 commission on a class B or higher level felony. 19 Denial of service attack on a computer, computer service, computer 20 program, or computer network in the first degree is a class B felony. 21 § 17. Subdivision 2 of section 165.45 of the penal law, as amended by 22 chapter 81 of the laws of 1995, is amended to read as follows: 23 2. The property consists of a credit card, debit card or public bene- 24 fit card, or personal identifying information as defined in section 25 190.77 of this chapter; or 26 § 18. Section 165.50 of the penal law, as amended by chapter 515 of 27 the laws of 1986, is amended to read as follows: 28 § 165.50 Criminal possession of stolen property in the third degree. 29 A person is guilty of criminal possession of stolen property in the 30 third degree when he or she knowingly possesses stolen property, with 31 intent to benefit himself or herself or a person other than an owner 32 thereof or to impede the recovery by an owner thereof, and when the 33 value of the property exceeds three thousand dollars, or the property 34 consisted of the personal identifying information of twenty-five or more 35 persons. 36 Criminal possession of stolen property in the third degree is a class 37 D felony. 38 § 19. Section 165.52 of the penal law, as added by chapter 515 of the 39 laws of 1986, is amended to read as follows: 40 § 165.52 Criminal possession of stolen property in the second degree. 41 A person is guilty of criminal possession of stolen property in the 42 second degree when he or she knowingly possesses stolen property, with 43 intent to benefit himself or herself or a person other than an owner 44 thereof or to impede the recovery by an owner thereof, and when the 45 value of the property exceeds fifty thousand dollars, or the property 46 consists of the personal identifying information of one hundred or more 47 persons. 48 Criminal possession of stolen property in the second degree is a class 49 C felony. 50 § 20. Section 165.54 of the penal law, as added by chapter 515 of the 51 laws of 1986, is amended to read as follows: 52 § 165.54 Criminal possession of stolen property in the first degree. 53 A person is guilty of criminal possession of stolen property in the 54 first degree when he or she knowingly possesses stolen property, with 55 intent to benefit himself or herself or a person other than an owner 56 thereof or to impede the recovery by an owner, and when the value of theS. 4072--B 8 1 property exceeds one million dollars, or the property consists of the 2 personal identifying information of one thousand or more persons. 3 Criminal possession of stolen property in the first degree is a class 4 B felony. 5 § 21. Section 190.60 of the penal law, as amended by chapter 491 of 6 the laws of 1992, subdivision 1 as amended by chapter 357 of the laws of 7 1996, is amended to read as follows: 8 § 190.60 Scheme to defraud in the [second] fifth degree. 9 1. A person is guilty of a scheme to defraud in the [second] fifth 10 degree when he or she engages in a scheme constituting a systematic 11 ongoing course of conduct with intent to defraud more than one person or 12 to obtain property from more than one person by false or fraudulent 13 pretenses, representations or promises, and so obtains property from one 14 or more of such persons. 15 2. In any prosecution under this section, it shall be necessary to 16 prove the identity of at least one person from whom the defendant so 17 obtained property, but it shall not be necessary to prove the identity 18 of any other intended victim. 19 Scheme to defraud in the [second] fifth degree is a class A misdemea- 20 nor. 21 § 22. The penal law is amended by adding three new sections 190.62, 22 190.63 and 190.64 to read as follows: 23 § 190.62 Scheme to defraud in the fourth degree. 24 A person is guilty of a scheme to defraud in the fourth degree when he 25 or she engages in a scheme to defraud in the fifth degree, and 26 1. intends to obtain property or service from ten or more persons; or 27 2. the value of the property or service obtained exceeds one thousand 28 dollars; or 29 3. intends to obtain and does obtain property or service from at least 30 one vulnerable elderly person as defined in section 260.31 of this chap- 31 ter. 32 Scheme to defraud in the fourth degree is a class E felony. 33 § 190.63 Scheme to defraud in the third degree. 34 A person is guilty of a scheme to defraud in the third degree when he 35 or she engages in a scheme to defraud in the fifth degree, and 36 1. intends to obtain property or service from twenty-five or more 37 persons; or 38 2. the value of the property or service obtained exceeds three thou- 39 sand dollars. 40 Scheme to defraud in the third degree is a class D felony. 41 § 190.64 Scheme to defraud in the second degree. 42 A person is guilty of a scheme to defraud in the second degree when he 43 or she engages in a scheme to defraud in the fifth degree, and 44 1. intends to obtain property or service from one hundred or more 45 persons; or 46 2. the value of the property or service obtained exceeds fifty thou- 47 sand dollars. 48 Scheme to defraud in the second degree is a class C felony. 49 § 23. Section 190.65 of the penal law, as amended by chapter 291 of 50 the laws of 2008, is amended to read as follows: 51 § 190.65 Scheme to defraud in the first degree. 52 [1.] A person is guilty of a scheme to defraud in the first degree 53 when he or she[: (a)] engages in conduct constituting a scheme [consti-54tuting a systematic ongoing course of conduct with intent] to defraud 55 [ten] in the fifth degree and intends to obtain property or service from 56 one thousand or more persons or to obtain property from ten or moreS. 4072--B 9 1 persons by false or fraudulent pretenses, representations or promises, 2 and so obtains property from one or more of such persons; [or (b)3engages in a scheme constituting a systematic ongoing course of conduct4with intent to defraud more than one person or to obtain property from5more than one person by false or fraudulent pretenses, representations6or promises, and so obtains] and value of the property [with a value in7excess of one thousand dollars from one or more such persons; or (c)8engages in a scheme constituting a systematic ongoing course of conduct9with intent to defraud more than one person, more than one of whom is a10vulnerable elderly person as defined in subdivision three of section11260.30 of this chapter or to obtain property from more than one person,12more than one of whom is a vulnerable elderly person as defined in13subdivision three of section 260.30 of this chapter, by false or fraudu-14lent pretenses, representations or promises, and so obtains property15from one or more such persons.162. In any prosecution under this section, it shall be necessary to17prove the identity of at least one person from whom the defendant so18obtained property, but it shall not be necessary to prove the identity19of any other intended victim, provided that in any prosecution under20paragraph (c) of subdivision one of this section, it shall be necessary21to prove the identity of at least one such vulnerable elderly person as22defined in subdivision three of section 260.30 of this chapter] or 23 service obtained exceeds one million dollars. 24 Scheme to defraud in the first degree is a class [E] B felony. 25 § 24. Section 190.78 of the penal law, as added by chapter 619 of the 26 laws of 2002, is amended to read as follows: 27 § 190.78 Identity theft in the [third] fifth degree. 28 A person is guilty of identity theft in the [third] fifth degree when 29 he or she knowingly and with intent to defraud assumes the identity of 30 another person by presenting himself or herself as that other person, or 31 by acting as that other person or by using personal identifying informa- 32 tion of that other person, and thereby: 33 1. obtains goods, money, property or services or uses credit in the 34 name of such other person or causes financial loss to such person or to 35 another person or persons; or 36 2. commits a class A misdemeanor or higher level crime. 37 Identity theft in the [third] fifth degree is a class A misdemeanor. 38 § 25. Section 190.79 of the penal law, as added by chapter 619 of the 39 laws of 2002, subdivision 4 as amended by chapter 279 of the laws of 40 2008, is amended to read as follows: 41 § 190.79 Identity theft in the [second] fourth degree. 42 A person is guilty of [identify] identity theft in the [second] fourth 43 degree when he or she knowingly and with intent to defraud assumes the 44 identity of another person by presenting himself or herself as that 45 other person, or by acting as that other person or by using personal 46 identifying information of that other person, and thereby: 47 1. obtains goods, money, property or services or uses credit in the 48 name of such other person in an aggregate amount that exceeds five 49 hundred dollars; or 50 2. causes financial loss to such person or to another person or 51 persons in an aggregate amount that exceeds five hundred dollars; or 52 3. commits or attempts to commit a felony or acts as an accessory to 53 the commission of a felony; or 54 4. commits the crime of identity theft in the [third] fifth degree as 55 defined in section 190.78 of this article and has been previously 56 convicted within the last [five years of identity theft in the thirdS. 4072--B 10 1degree as defined in section 190.78, identity theft in the second degree2as defined in this section, identity theft in the first degree as3defined in section 190.80, unlawful possession of personal identifica-4tion information in the third degree as defined in section 190.81,5unlawful possession of personal identification information in the second6degree as defined in section 190.82, unlawful possession of personal7identification information in the first degree as defined in section8190.83, unlawful possession of a skimmer device in the second degree as9defined in section 190.85, unlawful possession of a skimmer device in10the first degree as defined in section 190.86, grand larceny in the11fourth degree as defined in section 155.30, grand larceny in the third12degree as defined in section 155.35, grand larceny in the second degree13as defined in section 155.40 or grand larceny in the first degree as14defined in section 155.42 of this chapter] ten years, excluding any time 15 period during which such person was incarcerated for any reason, of any 16 crime in this article or article one hundred seventy of this chapter, or 17 of any larceny crime as defined in article one hundred fifty-five of 18 this chapter, or of any criminal possession of stolen property crime as 19 defined in article one hundred sixty-five of this chapter; or he or she 20 knowingly and with intent to defraud assumes the identity of three or 21 more persons by presenting himself or herself as those persons or by 22 acting as those persons or by using personal identifying information of 23 any of those persons and thereby obtains goods, money, property or 24 services or uses credit in the name of at least one such person, or 25 causes financial loss to at least one such person or to another person 26 or persons. 27 Identity theft in the [second] fourth degree is a class E felony. 28 § 26. Section 190.80 of the penal law, as added by chapter 619 of the 29 laws of 2002, subdivision 4 as amended by chapter 279 of the laws of 30 2008, is amended to read as follows: 31 § 190.80 Identity theft in the [first] third degree. 32 A person is guilty of identity theft in the [first] third degree when 33 he or she knowingly and with intent to defraud assumes the identity of 34 another person by presenting himself or herself as that other person, or 35 by acting as that other person or by using personal identifying informa- 36 tion 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 in an aggregate amount that exceeds two thou- 39 sand dollars; or 40 2. causes financial loss to such person or to another person or 41 persons in an aggregate amount that exceeds two thousand dollars; or 42 3. commits or attempts to commit a class D felony or higher level 43 crime or acts as an accessory in the commission of a class D or higher 44 level felony; or 45 4. commits the crime of identity theft in the [second] fourth degree 46 as defined in section 190.79 of this article and has been previously 47 convicted within the last [five years of identity theft in the third48degree as defined in section 190.78, identity theft in the second degree49as defined in section 190.79, identity theft in the first degree as50defined in this section, unlawful possession of personal identification51information in the third degree as defined in section 190.81, unlawful52possession of personal identification information in the second degree53as defined in section 190.82, unlawful possession of personal identifi-54cation information in the first degree as defined in section 190.83,55unlawful possession of a skimmer device in the second degree as defined56in section 190.85, unlawful possession of a skimmer device in the firstS. 4072--B 11 1degree as defined in section 190.86, grand larceny in the fourth degree2as defined in section 155.30, grand larceny in the third degree as3defined in section 155.35, grand larceny in the second degree as defined4in section 155.40 or grand larceny in the first degree as defined in5section 155.42 of this chapter] ten years, excluding any time period 6 during which such person was incarcerated for any reason, of any crime 7 in this article or article one hundred seventy of this chapter, or of 8 any larceny crime as defined in article one hundred fifty-five of this 9 chapter, or of any criminal possession of stolen property crime as 10 defined in article one hundred sixty-five of this chapter; or assumes 11 the identity of ten or more persons by presenting himself or herself as 12 those other persons, or by acting as those other persons, or by using 13 personal identifying information of those other persons, and thereby 14 obtaining goods, money, property or services or uses credit in the name 15 of at least one such person, or causes financial loss to at least one 16 such person, to another person or persons. 17 Identity theft in the [first] third degree is a class D felony. 18 § 27. Section 190.80-a of the penal law, as added by chapter 226 of 19 the laws of 2008, is renumbered section 190.80-c and amended, and two 20 new sections 190.80-a and 190.80-b are added to read as follows: 21 § 190.80-a Identity theft in the second degree. 22 A person is guilty of identity theft in the second degree when: 23 1. he or she knowingly and with intent to defraud assumes the identity 24 of another person by presenting himself or herself as that other person, 25 or by acting as that other person or by using personal identifying 26 information of that other person, and thereby: 27 a. obtains goods, money, property or services or uses credit in the 28 name of such other person in an aggregate amount that exceeds twenty- 29 five thousand dollars; or 30 b. causes financial loss to such person to another person or persons 31 in an aggregate amount that exceeds twenty-five thousand dollars; or 32 c. commits or attempts to commit a class C felony or higher level 33 crime or acts as an accessory in the commission of a class C or higher 34 level felony; or 35 d. commits the crime of identity theft in the third degree as defined 36 in section 190.80 of this article and has been previously convicted 37 within the last ten years, excluding any time during which such person 38 was incarcerated for any reason, of any crime in this article or article 39 one hundred seventy of this chapter, or any larceny crime as defined in 40 article one hundred fifty-five of this chapter, or of any criminal 41 possession of stolen property crime as defined in article one hundred 42 sixty-five of this chapter; or 43 2. assumes the identity of twenty-five or more person by presenting 44 himself or herself as those other persons, or by acting as those other 45 persons, or by using personal identifying information of those other 46 persons, and thereby obtains goods, money, property or or services or 47 uses credit in the name of at least one such person, or causes financial 48 loss to at least one such person, or to another person or persons. 49 Identity theft in the second degree of a class C felony. 50 § 190.80-b Identity theft in the first degree. 51 A person is guilty of identity theft in the first degree when: 52 1. he or she knowingly and with intent to defraud assumes the identity 53 of another person by presenting himself or herself as that other person, 54 or by acting as that other person or by using personal identifying 55 information, and thereby:S. 4072--B 12 1 a. obtains goods, money, property or services or uses credit in the 2 name of such other person in an aggregate amount that exceeds five 3 hundred thousand dollars; or 4 b. causes financial loss to such person or to another person or 5 persons in an aggregate amount that exceeds five hundred thousand 6 dollars; or 7 c. commits or attempts to commit a class B felony or higher level 8 crime or act as an accessory in the commission of a class B or higher 9 level felony; or 10 d. commits the crime of identity theft in the second degree as defined 11 in section 190.80-a of this article and has been previously convicted 12 within the last ten years, excluding any time during which such person 13 was incarcerated for any reason, of any crime in this article or article 14 one hundred seventy of this chapter, or of any larceny crime as defined 15 in article one hundred fifty-five of this chapter, or of any criminal 16 possession of stolen property crime as defined in article one hundred 17 sixty-five of this chapter; or 18 2. assumes the identity of one hundred or more persons by presenting 19 himself or herself as those other persons, or by acting as those other 20 persons, or by using personal identifying information of those other 21 persons, and thereby obtains goods, money, property or services or uses 22 credit in the name of a least on such person, or causes financial loss 23 to at least on such person, or to another person or persons. 24 Identity theft in the first degree is a class B felony. 25 § 190.80-c Aggravated identity theft. 26 A person is guilty of aggravated identity theft when he or she know- 27 ingly and with intent to defraud assumes the identity of another person 28 by presenting himself or herself as that other person, or by acting as 29 that other person or by using personal identifying information of that 30 other person, and knows that such person is a member of the armed forc- 31 es, and knows that such member is presently deployed outside of the 32 continental United States or knows that such person is a vulnerable 33 elderly person or a physically disabled person as such terms are defined 34 in section 260.31 of this chapter and: 35 1. thereby obtains goods, money, property or services or uses credit 36 in the name of such [member of the armed forces] individual in an aggre- 37 gate amount that exceeds five hundred dollars; or 38 2. thereby causes financial loss to such [member of the armed forces] 39 individual in an aggregate amount that exceeds five hundred dollars. 40 Aggravated identity theft is a class D felony. 41 § 28. Sections 190.85 and 190.86 of the penal law, as added by chapter 42 279 of the laws of 2008, are amended to read as follows: 43 § 190.85 [Unlawful] Criminal possession of a skimmer device in the 44 second degree. 45 1. A person is guilty of [unlawful] criminal possession of a skimmer 46 device in the second degree when he or she possesses a skimmer device 47 with the intent that such device be used in furtherance of the commis- 48 sion of the crime of identity theft [or unlawful possession of personal49identification information] as defined in this article, larceny as 50 defined in article one hundred fifty-five of this chapter; or criminal 51 possession of stolen property as defined in article one hundred sixty- 52 five of this chapter. 53 2. For purposes of this article, "skimmer device" means a device 54 designed or adapted to obtain personal identifying information from a 55 credit card, debit card, public benefit card, access card or device, or 56 other card or device that contains personal identifying information.S. 4072--B 13 1 [Unlawful] Criminal possession of a skimmer device in the second 2 degree is a class [A misdemeanor] D felony. 3 § 190.86 [Unlawful] Criminal possession of a skimmer device in the first 4 degree. 5 A person is guilty of [unlawful] criminal possession of a skimmer 6 device in the first degree when he or she commits the crime of [unlaw-7ful] criminal possession of a skimmer device in the second degree and he 8 or she has been previously convicted within the last [five years of9identity theft in the third degree as defined in section 190.78, identi-10ty theft in the second degree as defined in section 190.79, identity11theft in the first degree as defined in section 190.80, unlawful12possession of personal identification information in the third degree as13defined in section 190.81, unlawful possession of personal identifica-14tion information in the second degree as defined in section 190.82,15unlawful possession of personal identification information in the first16degree as defined in section 190.83, unlawful possession of a skimmer17device in the second degree as defined in section 190.85, unlawful18possession of a skimmer device in the first degree as defined in this19section, grand larceny in the fourth degree as defined in section20155.30, grand larceny in the third degree as defined in section 155.35,21grand larceny in the second degree as defined in section 155.40 or grand22larceny in the first degree as defined in section 155.42 of this chap-23ter] ten years, excluding any time during which such person was incar- 24 cerated for any reason, for any crime in this article or article one 25 hundred seventy of this chapter, or of any larceny crime as defined in 26 article one hundred fifty-five of this chapter, or of any criminal 27 possession of stolen property crime as defined in article one hundred 28 sixty-five of this chapter. 29 [Unlawful] Criminal possession of a skimmer device in the first degree 30 is a class [E] C felony. 31 § 29. Paragraph (l) of subdivision 4 of section 20.40 of the criminal 32 procedure law, as amended by section 3 of subpart C of part C of chapter 33 97 of the laws of 2011, is amended to read as follows: 34 (l) An offense of identity theft, larceny, criminal possession of 35 stolen property, or unlawful possession of personal identifying informa- 36 tion, in which the property stolen or criminally possessed is personal 37 identifying information or computer data or computer program, and all 38 criminal acts committed as part of the same criminal transaction as 39 defined in subdivision two of section 40.10 of this chapter may be pros- 40 ecuted (i) in any county in which part of the offense took place regard- 41 less of whether the defendant was actually present in such county, or 42 (ii) in the county in which the person who suffers financial loss 43 resided at the time of the commission of the offense, or (iii) in the 44 county where the person whose personal identifying information was used 45 in the commission of the offense resided at the time of the commission 46 of the offense. The law enforcement agency of any such county shall take 47 a police report of the matter and provide the complainant with a copy of 48 such report at no charge. 49 § 30. Subdivision 2 of section 690.05 of the criminal procedure law, 50 as amended by chapter 504 of the laws of 1991, the opening paragraph as 51 amended by chapter 424 of the laws of 1998, is amended to read as 52 follows: 53 2. A search warrant is a court order and process directing a police 54 officer, district attorney or other public servant of the kind described 55 in subdivision one of this section, to conduct:S. 4072--B 14 1 (a) a search of designated premises, or of a designated vehicle, or of 2 a designated person, or of an electronic communication service or remote 3 computing service, for the purpose of seizing designated property or 4 kinds of property, and to deliver any property so obtained to the court 5 which issued the warrant; or 6 (b) a search of a designated premises for the purpose of searching for 7 and arresting a person who is the subject of: (i) a warrant of arrest 8 issued pursuant to this chapter, a superior court warrant of arrest 9 issued pursuant to this chapter, or a bench warrant for a felony issued 10 pursuant to this chapter, where the designated premises is the dwelling 11 of a third party who is not the subject of the arrest warrant; or 12 (ii) a warrant of arrest issued by any other state or federal court 13 for an offense which would constitute a felony under the laws of this 14 state, where the designated premises is the dwelling of a third party 15 who is not the subject of the arrest warrant. 16 As used in this section, the term "electronic communications service" 17 means any service which provides to users thereof the ability to send or 18 receive wire or electronic communications. "Remote computing service" 19 means any service which provides to users thereof computer storage or 20 processing services by means of an electronic communications system. The 21 terms "electronic communication service" and "remote computing service" 22 shall be construed in accordance with the Electronic Communications 23 Privacy Act in Chapter 121 (commencing with Section 2701) of Part I of 24 Title 18 of the United State Code Annotated. This section shall not 25 apply to corporations that do not provide those services to the general 26 public. 27 § 31. Subdivision 1 of section 690.15 of the criminal procedure law is 28 amended to read as follows: 29 1. A search warrant must direct a search of one or more of the 30 following: 31 (a) A designated or described place or premises; 32 (b) A designated or described vehicle, as that term is defined in 33 section 10.00 of the penal law; 34 (c) A designated or described person[.]; 35 (d) A designated or described electronic communication service or 36 remote computing service. 37 § 32. Section 690.20 of the criminal procedure law is amended by 38 adding a new subdivision 3 to read as follows: 39 3. The provisions of subdivision one of this section to the contrary 40 notwithstanding, a search warrant directing the search of a designated 41 or described electronic communication service or remote computing 42 service, may be executed on any company, corporation or entity which is 43 headquartered or located outside of the state of New York, and which 44 conducts its regular business in New York or that offers its services to 45 residents of New York. Service on any such electronic communication 46 service or remote computing service entity may be made by personal 47 delivery within the state, by registered or certified mail. Service may 48 also be made by facsimile or other electronic means if the service is 49 accompanied with a certification from the sender that such sender is a 50 police officer, district attorney or other public servant specified in 51 subdivision one of section 690.05 of this article. If an entity shall 52 refuse such service, then such police officer, district attorney or 53 other public servant located within the jurisdiction in which the elec- 54 tronic communication service or remote computing service entity is 55 located may serve the warrant upon such entity. A search warrant issued 56 pursuant to this subdivision shall be limited in scope to the designatedS. 4072--B 15 1 or described electronic records or data, either in paper or electronic 2 form, that are made, kept, or maintained by the electronic communication 3 service or remote computing service, and shall not include any other 4 physical or tangible items. Any electronic records or data responsive to 5 a search warrant issued pursuant to this subdivision shall be admitted 6 into evidence before the grand jury or at trial in accord with the rules 7 and laws of New York state. 8 § 33. Section 690.30 of the criminal procedure law is amended by 9 adding a new subdivision 3 to read as follows: 10 3. Any provision of subdivision one of this section to the contrary 11 notwithstanding, a search warrant that is issued pursuant to subdivision 12 three of section 690.20 of this article is deemed executed at the time 13 that service is made upon the electronic communication service or remote 14 computing service entity pursuant to such subdivision. 15 § 34. Section 496.06 of the penal law, as added by section 14 of 16 subpart A of part H of chapter 55 of the laws of 2014, is amended to 17 read as follows: 18 § 496.06 Public corruption. 19 1. A person commits the crime of public corruption when: (a) (i) being 20 a public servant he or she commits a specified offense through the use 21 of his or her public office, or (ii) being a person acting in concert 22 with such public servant he or she commits a specified offense, and (b) 23 the state or any political subdivision thereof or any governmental 24 instrumentality within the state is the owner of the property. 25 2. A "specified offense" is an offense defined by any of the following 26 provisions of this chapter: section 155.25 (petit larceny); section 27 155.30 (grand larceny in the fourth degree); section 155.35 (grand 28 larceny in the third degree); section 155.40 (grand larceny in the 29 second degree); section 155.42 (grand larceny in the first degree); 30 section 190.60 (scheme to defraud in the [second] fifth degree); section 31 190.62 (scheme to defraud in the fourth degree); section 190.63 (scheme 32 to defraud in the third degree); section 190.64 (scheme to defraud in 33 the second degree); or section 190.65 (scheme to defraud in the first 34 degree). 35 § 35. Section 190.77 of the penal law, as amended by chapter 226 of 36 the laws of 2008, subdivision 1 as separately amended by chapter 279 of 37 the laws of 2008, is amended to read as follows: 38 § 190.77 Offenses involving theft of identity; definitions. 39 1. For the purposes of sections 190.78, 190.79, 190.80 [and], 40 190.80-a, 190.80-b, 190.80-c and 190.85 of this article "personal iden- 41 tifying information" means a person's name, address, telephone number, 42 date of birth, driver's license number, social security number, place of 43 employment, mother's maiden name, financial services account number or 44 code, savings account number or code, checking account number or code, 45 brokerage account number or code, credit card account number or code, 46 debit card number or code, automated teller machine number or code, 47 taxpayer identification number, computer system password, signature or 48 copy of a signature, electronic signature, unique biometric data that is 49 a fingerprint, voice print, retinal image or iris image of another 50 person, telephone calling card number, mobile identification number or 51 code, electronic serial number or personal identification number, or any 52 other name, number, code or information that may be used alone or in 53 conjunction with other such information to assume the identity of anoth- 54 er person. 55 2. For the purposes of sections 190.78, 190.79, 190.80, 190.80-a, 56 190.80-b, 190.80-c, 190.81, 190.82 and 190.83 of this article:S. 4072--B 16 1 a. "electronic signature" shall have the same meaning as defined in 2 subdivision three of section three hundred two of the state technology 3 law. 4 b. "personal identification number" means any number or code which may 5 be used alone or in conjunction with any other information to assume the 6 identity of another person or access financial resources or credit of 7 another person. 8 c. "member of the armed forces" shall mean a person in the military 9 service of the United States or the military service of the state, 10 including but not limited to, the armed forces of the United States, the 11 army national guard, the air national guard, the New York naval militia, 12 the New York guard, and such additional forces as may be created by the 13 federal or state government as authorized by law. 14 § 36. Subdivision 2 of section 190.83 of the penal law, as separately 15 amended by chapters 226 and 279 of the laws of 2008, is amended to read 16 as follows: 17 2. he or she has been previously convicted within the last five years 18 of identity theft in the third degree as defined in section [190.78] 19 190.80, identity theft in the second degree as defined in section 20 [190.79] 190.80-a, identity theft in the first degree as defined in 21 section [190.80] 190.80-b, unlawful possession of personal identifica- 22 tion information in the third degree as defined in section 190.81, 23 unlawful possession of personal identification information in the second 24 degree as defined in section 190.82, unlawful possession of personal 25 identification information in the first degree as defined in this 26 section, [unlawful] criminal possession of a skimmer device in the 27 second degree as defined in section 190.85, [unlawful] criminal 28 possession of a skimmer device in the first degree as defined in section 29 190.86, grand larceny in the fourth degree as defined in section 155.30, 30 grand larceny in the third degree as defined in section 155.35, grand 31 larceny in the second degree as defined in section 155.40 or grand 32 larceny in the first degree as defined in section 155.42 of this chap- 33 ter; or 34 § 37. Paragraph (s) of subdivision 8 of section 700.05 of the criminal 35 procedure law, as added by chapter 619 of the laws of 2002, is amended 36 to read as follows: 37 (s) Identity theft in the second degree, as defined in section 38 [190.79] 190.80-a of the penal law, identity theft in the first degree, 39 as defined in section [190.80] 190.80-b of the penal law, unlawful 40 possession of personal identification information in the second degree, 41 as defined in section 190.82 of the penal law, and unlawful possession 42 of personal identification information in the first degree, as defined 43 in section 190.83 of the penal law. 44 § 38. Paragraph (a) of subdivision 3 of section 490.05 of the penal 45 law, as amended by section 7 of part A of chapter 1 of the laws of 2004, 46 is amended to read as follows: 47 (a) "Specified offense" for purposes of this article means a class A 48 felony offense other than an offense as defined in article two hundred 49 twenty, a violent felony offense as defined in section 70.02, 50 manslaughter in the second degree as defined in section 125.15, criminal 51 tampering in the first degree as defined in section 145.20, identity 52 theft in the second degree as defined in section [190.79] 190.80-a, 53 identity theft in the first degree as defined in section [190.80] 54 190.80-b, unlawful possession of personal identification information in 55 the second degree as defined in section 190.82, unlawful possession of 56 personal identification information in the first degree as defined inS. 4072--B 17 1 section 190.83, money laundering in support of terrorism in the fourth 2 degree as defined in section 470.21, money laundering in support of 3 terrorism in the third degree as defined in section 470.22, money laun- 4 dering in support of terrorism in the second degree as defined in 5 section 470.23, money laundering in support of terrorism in the first 6 degree as defined in section 470.24 of this chapter, and includes an 7 attempt or conspiracy to commit any such offense. 8 § 39. Subdivision 1 and paragraph (b) of subdivision 4 of section 9 60.27 of the penal law, subdivision 1 as amended by chapter 279 of the 10 laws of 2008, and paragraph (b) of subdivision 4 as amended by chapter 11 313 of the laws of 2011, are amended to read as follows: 12 1. In addition to any of the dispositions authorized by this article, 13 the court shall consider restitution or reparation to the victim of the 14 crime and may require restitution or reparation as part of the sentence 15 imposed upon a person convicted of an offense, and after providing the 16 district attorney with an opportunity to be heard in accordance with the 17 provisions of this subdivision, require the defendant to make restitu- 18 tion of the fruits of his or her offense or reparation for the actual 19 out-of-pocket loss caused thereby and, in the case of a violation of 20 section 190.78, 190.79, 190.80, 190.80-a, 190.80-b, 190.82 or 190.83 of 21 this chapter, any costs or losses incurred due to any adverse action 22 taken against the victim. The district attorney shall where appropriate, 23 advise the court at or before the time of sentencing that the victim 24 seeks restitution or reparation, the extent of injury or economic loss 25 or damage of the victim, and the amount of restitution or reparation 26 sought by the victim in accordance with his or her responsibilities 27 under subdivision two of section 390.50 of the criminal procedure law 28 and article twenty-three of the executive law. The court shall hear and 29 consider the information presented by the district attorney in this 30 regard. In that event, or when the victim impact statement reports that 31 the victim seeks restitution or reparation, the court shall require, 32 unless the interests of justice dictate otherwise, in addition to any of 33 the dispositions authorized by this article that the defendant make 34 restitution of the fruits of the offense and reparation for the actual 35 out-of-pocket loss and, in the case of a violation of section 190.78, 36 190.79, 190.80, 190.82 or 190.83 of this chapter, any costs or losses 37 incurred due to any adverse action, caused thereby to the victim. In the 38 event that restitution or reparation are not ordered, the court shall 39 clearly state its reasons on the record. Adverse action as used in this 40 subdivision shall mean and include actual loss incurred by the victim, 41 including an amount equal to the value of the time reasonably spent by 42 the victim attempting to remediate the harm incurred by the victim from 43 the offense, and the consequential financial losses from such action. 44 (b) the term "victim" shall include the victim of the offense, the 45 representative of a crime victim as defined in subdivision six of 46 section six hundred twenty-one of the executive law, an individual whose 47 identity was assumed or whose personal identifying information was used 48 in violation of section 190.78, 190.79 [or], 190.80, 190.80-a or 49 190.80-b of this chapter, or any person who has suffered a financial 50 loss as a direct result of the acts of a defendant in violation of 51 section 190.78, 190.79, 190.80, 190.80-a, 190.80-b, 190.82 or 190.83 of 52 this chapter, a good samaritan as defined in section six hundred twen- 53 ty-one of the executive law and the office of victim services or other 54 governmental agency that has received an application for or has provided 55 financial assistance or compensation to the victim. A victim shall also 56 mean any owner or lawful producer of a master recording, or a tradeS. 4072--B 18 1 association that represents such owner or lawful producer, that has 2 suffered injury as a result of an offense as defined in article two 3 hundred seventy-five of this chapter. 4 § 40. This act shall take effect immediately.
