Bill Text: NY S07588 | 2009-2010 | General Assembly | Introduced

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Bill Title: Expands geographical jurisdiction for crimes attendant to identity theft or the unlawful possession of personal information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-15 - referred to codes [S07588 Detail]

Download: New_York-2009-S07588-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7588
                                   I N  S E N A T E
                                    April 23, 2010
                                      ___________
       Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
         when printed to be committed to the Committee on Codes
       AN ACT to amend the criminal procedure law, in relation to expanding the
         geographical jurisdiction for crimes attendant to  identify  theft  or
         unlawful possession of personal identification information
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 20.10 of the criminal procedure law is  amended  by
    2  adding a new subdivision 5 to read as follows:
    3    5. "CRIMINAL TRANSACTION." WHEN CONDUCT WHICH ESTABLISHES AT LEAST ONE
    4  OFFENSE, AND WHICH IS COMPRISED OF TWO OR MORE OR A GROUP OF ACTS EITHER
    5  (A)  SO  CLOSELY RELATED AND CONNECTED IN POINT OF TIME AND CIRCUMSTANCE
    6  OF COMMISSION AS TO CONSTITUTE A SINGLE CRIMINAL  INCIDENT,  OR  (B)  SO
    7  CLOSELY  RELATED  IN  CRIMINAL  PURPOSE  OR  OBJECTIVE  AS TO CONSTITUTE
    8  ELEMENTS OR INTEGRAL PARTS OF A SINGLE CRIMINAL VENTURE.
    9    S 2. Paragraph (l) of subdivision 4 of section 20.40 of  the  criminal
   10  procedure law, as amended by chapter 346 of the laws of 2007, is amended
   11  to read as follows:
   12    (l)  [An]  NOTWITHSTANDING  ANY  PROVISION  OF THIS SUBDIVISION TO THE
   13  CONTRARY, AN  offense  of  identity  theft  or  unlawful  possession  of
   14  personal  identification  information [may], TOGETHER WITH AN ADDITIONAL
   15  OFFENSE OR OFFENSES ARISING FROM THE SAME CRIMINAL TRANSACTION, SHALL be
   16  prosecuted (i) in any county in which part of [the] SUCH IDENTITY  THEFT
   17  ON  UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFICATION INFORMATION offense
   18  took place regardless of whether the defendant was actually  present  in
   19  such  county,  or  (ii)  in  the  county in which the person who suffers
   20  financial loss resided at the time of the commission of [the] SUCH IDEN-
   21  TITY THEFT ON UNLAWFUL POSSESSION OF PERSONAL IDENTIFICATION INFORMATION
   22  offense, or (iii) in the county where the person  whose  personal  iden-
   23  tification information was used in the commission of [the] SUCH IDENTIFY
   24  THEFT  ON  UNLAWFUL  POSSESSION  OF  PERSONAL IDENTIFICATION INFORMATION
   25  offense resided at the time of the commission of the  offense.  The  law
   26  enforcement  agency of any such county shall take a police report of the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15992-01-0
       S. 7588                             2
    1  matter and provide the complainant with a copy  of  such  report  at  no
    2  charge.
    3    S 3. This act shall take effect on the one hundred eightieth day after
    4  it shall have become a law.