S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          218
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, the criminal procedure law,  the  general
         business  law,  the  state  technology  law  and the executive law, in
         relation to offenses  involving  theft  of  identity;  and  to  repeal
         certain  provisions  of  the  criminal procedure law and the penal law
         relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Title K of the penal law is amended by adding a new article
    2  191 to read as follows:
    3                                 ARTICLE 191
    4                    OFFENSES INVOLVING THEFT OF IDENTITY
    5  SECTION 191.00 DEFINITIONS.
    6          191.05 PETIT IDENTITY THEFT.
    7          191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
    8          191.15 IDENTITY THEFT IN THE THIRD DEGREE.
    9          191.20 IDENTITY THEFT IN THE SECOND DEGREE.
   10          191.25 IDENTITY THEFT IN THE FIRST DEGREE.
   11          191.30 UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION
   12                   IN THE THIRD DEGREE.
   13          191.35 UNLAWFUL POSSESSION OF PERSONAL  IDENTIFYING  INFORMATION
   14                   IN THE SECOND DEGREE.
   15          191.40 UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION
   16                   IN THE FIRST DEGREE.
   17          191.45 DEFENSES.
   18          191.50 UNLAWFUL POSSESSION OF A SKIMMER  DEVICE  IN  THE  SECOND
   19                   DEGREE.
   20          191.55 UNLAWFUL  POSSESSION  OF  A  SKIMMER  DEVICE IN THE FIRST
   21                   DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00269-01-3
       S. 218                              2
    1  S 191.00 DEFINITIONS.
    2    1. FOR THE PURPOSES OF THIS ARTICLE "PERSONAL IDENTIFYING INFORMATION"
    3  MEANS  A  PERSON'S NAME, ADDRESS, TELEPHONE NUMBER, DATE OF BIRTH, DRIV-
    4  ER'S LICENSE NUMBER, SOCIAL SECURITY NUMBER, PLACE OF EMPLOYMENT,  MOTH-
    5  ER'S  MAIDEN  NAME,  FINANCIAL  SERVICES ACCOUNT NUMBER OR CODE, SAVINGS
    6  ACCOUNT NUMBER OR CODE,  CHECKING  ACCOUNT  NUMBER  OR  CODE,  BROKERAGE
    7  ACCOUNT  NUMBER  OR CODE, CREDIT CARD ACCOUNT NUMBER OR CODE, DEBIT CARD
    8  NUMBER OR CODE, AUTOMATED TELLER MACHINE NUMBER OR CODE, TAXPAYER  IDEN-
    9  TIFICATION  NUMBER,  COMPUTER  SYSTEM  PASSWORD,  SIGNATURE OR COPY OF A
   10  SIGNATURE, ELECTRONIC SIGNATURE, UNIQUE BIOMETRIC DATA THAT IS A FINGER-
   11  PRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE OF ANOTHER PERSON, TELE-
   12  PHONE CALLING CARD NUMBER, MOBILE IDENTIFICATION NUMBER OR  CODE,  ELEC-
   13  TRONIC   SERIAL   NUMBER  OR  PERSONAL  IDENTIFICATION  NUMBER,  MEDICAL
   14  INFORMATION, MEDICAL INSURANCE INFORMATION, OR ANY OTHER  NAME,  NUMBER,
   15  CODE  OR INFORMATION THAT MAY BE USED ALONE OR IN CONJUNCTION WITH OTHER
   16  SUCH INFORMATION TO ASSUME THE IDENTITY OF ANOTHER PERSON.
   17    2. FOR THE PURPOSES OF THIS ARTICLE:
   18    (A) "ELECTRONIC SIGNATURE" SHALL HAVE THE SAME MEANING AS  DEFINED  IN
   19  SUBDIVISION  THREE  OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY
   20  LAW.
   21    (B) "PERSONAL IDENTIFICATION NUMBER" MEANS ANY NUMBER  OR  CODE  WHICH
   22  MAY BE USED ALONE OR IN CONJUNCTION WITH ANY OTHER INFORMATION TO ASSUME
   23  THE  IDENTITY  OF ANOTHER PERSON OR ACCESS FINANCIAL RESOURCES OR CREDIT
   24  OF ANOTHER PERSON.
   25    (C) "MEMBER OF THE ARMED FORCES" SHALL MEAN A PERSON IN  THE  MILITARY
   26  SERVICE  OF  THE  UNITED  STATES  OR  THE MILITARY SERVICE OF THE STATE,
   27  INCLUDING BUT NOT LIMITED TO, THE ARMED FORCES OF THE UNITED STATES, THE
   28  ARMY NATIONAL GUARD, THE AIR NATIONAL GUARD, THE NEW YORK NAVAL MILITIA,
   29  THE NEW YORK GUARD, AND SUCH ADDITIONAL FORCES AS MAY BE CREATED BY  THE
   30  FEDERAL OR STATE GOVERNMENT AS AUTHORIZED BY LAW.
   31    (D)  "MEDICAL INFORMATION" MEANS ANY INFORMATION REGARDING AN INDIVID-
   32  UAL'S MEDICAL HISTORY, MENTAL OR PHYSICAL CONDITION, OR  MEDICAL  TREAT-
   33  MENT OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL.
   34    (E)  "MEDICAL  INSURANCE  INFORMATION"  MEANS  AN  INDIVIDUAL'S HEALTH
   35  INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY  UNIQUE
   36  IDENTIFIER  USED  BY  A HEALTH INSURER TO IDENTIFY THE INDIVIDUAL OR ANY
   37  INFORMATION IN AN INDIVIDUAL'S APPLICATION AND CLAIMS  HISTORY,  INCLUD-
   38  ING, BUT NOT LIMITED TO, APPEALS HISTORY.
   39  S 191.05 PETIT IDENTITY THEFT.
   40    A  PERSON  IS  GUILTY OF PETIT IDENTITY THEFT WHEN HE OR SHE KNOWINGLY
   41  AND WITH INTENT TO DEFRAUD ASSUMES THE IDENTITY  OF  ANOTHER  PERSON  BY
   42  PRESENTING HIMSELF OR HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT
   43  OTHER  PERSON OR BY USING PERSONAL IDENTIFYING INFORMATION OF THAT OTHER
   44  PERSON, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES  OR  USES
   45  CREDIT IN THE NAME OF SUCH OTHER PERSON OR CAUSES FINANCIAL LOSS TO SUCH
   46  PERSON OR TO ANOTHER PERSON OR PERSONS.
   47    PETIT IDENTITY THEFT IS A CLASS A MISDEMEANOR.
   48  S 191.10 IDENTITY THEFT IN THE FOURTH DEGREE.
   49    A  PERSON  IS GUILTY OF IDENTITY THEFT IN THE FOURTH DEGREE WHEN HE OR
   50  SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
   51    1. ASSUMES THE IDENTITY OF ANOTHER PERSON  BY  PRESENTING  HIMSELF  OR
   52  HERSELF  AS  THAT  OTHER PERSON, OR BY ACTING AS THAT OTHER PERSON OR BY
   53  USING PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND  THERE-
   54  BY:
       S. 218                              3
    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 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 DOLLARS; OR
    6    (C) COMMITS OR ATTEMPTS TO COMMIT A FELONY OR ACTS AS AN ACCESSORY  TO
    7  THE COMMISSION OF A FELONY; OR
    8    (D)  COMMITS  THE  CRIME OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
    9  191.05 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A  MEMBER  OF
   10  THE  ARMED  FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED OUTSIDE OF
   11  THE CONTINENTAL UNITED STATES; OR
   12    (E) COMMITS THE CRIME OF PETIT IDENTITY THEFT AS  DEFINED  IN  SECTION
   13  191.05  OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS A VULNERABLE
   14  ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS
   15  CHAPTER, OR A PERSON WHO IS  UNABLE  TO  CARE  FOR  HIMSELF  OR  HERSELF
   16  BECAUSE  OF PHYSICAL DISABILITY, MENTAL DISEASE OR DEFECT, OR BECAUSE HE
   17  OR SHE IS A MINOR; OR
   18    2. ASSUMES THE IDENTITY OF THREE OR MORE PERSONS BY PRESENTING HIMSELF
   19  OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER  PERSONS,
   20  OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
   21  THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
   22  NAME  OF  THOSE  PERSONS,  OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
   23  PERSON, OR TO ANOTHER PERSON OR PERSONS.
   24    IDENTITY THEFT IN THE FOURTH DEGREE IS A CLASS E FELONY.
   25  S 191.15 IDENTITY THEFT IN THE THIRD DEGREE.
   26    A PERSON IS GUILTY OF IDENTITY THEFT IN THE THIRD DEGREE  WHEN  HE  OR
   27  SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
   28    1. (A) ASSUMES THE IDENTITY OF ANOTHER PERSON BY PRESENTING HIMSELF OR
   29  HERSELF  AS  THAT  OTHER PERSON, OR BY ACTING AS THAT OTHER PERSON OR BY
   30  USING PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND  THERE-
   31  BY:
   32    (A)  OBTAINS  GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
   33  NAME OF SUCH OTHER PERSON IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO  THOU-
   34  SAND DOLLARS; OR
   35    (B)  CAUSES  FINANCIAL  LOSS  TO  SUCH  PERSON OR TO ANOTHER PERSON OR
   36  PERSONS IN AN AGGREGATE AMOUNT THAT EXCEEDS TWO THOUSAND DOLLARS; OR
   37    (C) COMMITS OR ATTEMPTS TO COMMIT A CLASS D  FELONY  OR  HIGHER  LEVEL
   38  CRIME  OR  ACTS AS AN ACCESSORY TO THE COMMISSION OF A CLASS D OR HIGHER
   39  LEVEL FELONY; OR
   40    (D) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  FOURTH  DEGREE  AS
   41  DEFINED  IN  SECTION  191.10  OF  THIS  ARTICLE  AND HAS BEEN PREVIOUSLY
   42  CONVICTED WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS  DEFINED
   43  IN  SECTION  191.05,  IDENTITY  THEFT IN THE FOURTH DEGREE AS DEFINED IN
   44  SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS  DEFINED  IN  THIS
   45  SECTION,  IDENTITY  THEFT  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION
   46  191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 191.25,
   47  UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING  INFORMATION  IN  THE  THIRD
   48  DEGREE  AS  DEFINED  IN  SECTION 191.30, UNLAWFUL POSSESSION OF PERSONAL
   49  IDENTIFYING INFORMATION IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
   50  191.35,  UNLAWFUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
   51  FIRST DEGREE AS DEFINED IN SECTION  191.40,  UNLAWFUL  POSSESSION  OF  A
   52  SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAW-
   53  FUL  POSSESSION  OF  A  SKIMMER DEVICE IN THE FIRST DEGREE AS DEFINED IN
   54  SECTION 191.55, GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION
   55  155.30, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED IN SECTION  155.35,
   56  GRAND LARCENY IN THE SECOND DEGREE AS DEFINED IN SECTION 155.40 OR GRAND
       S. 218                              4
    1  LARCENY  IN  THE  FIRST  DEGREE  AS  DEFINED IN SECTION 155.42, CRIMINAL
    2  POSSESSION OF A FORGED INSTRUMENT IN THE  THIRD  DEGREE  AS  DEFINED  IN
    3  SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND
    4  DEGREE  AS  DEFINED  IN  SECTION 170.25, CRIMINAL POSSESSION OF A FORGED
    5  INSTRUMENT  IN THE FIRST DEGREE AS DEFINED IN SECTION  170.30,  CRIMINAL
    6  POSSESSION  OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN SECTION
    7  165.40, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH  DEGREE  AS
    8  DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
    9  THIRD DEGREE AS DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN
   10  PROPERTY  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 165.52, CRIMINAL
   11  POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN  SECTION
   12  165.54,  OR CRIMINAL POSSESSION OF FORGERY DEVICES AS DEFINED IN SECTION
   13  170.40 OF THIS CHAPTER; OR
   14    (E) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  FOURTH  DEGREE  AS
   15  DEFINED  IN  SECTION  191.10  OF  THIS ARTICLE AND KNOWS THAT SUCH OTHER
   16  PERSON IS A MEMBER OF THE ARMED FORCES, AND KNOWS THAT  SUCH  MEMBER  IS
   17  PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
   18    (F)  COMMITS  THE  CRIME  OF  IDENTITY  THEFT  IN THE FOURTH DEGREE AS
   19  DEFINED IN SECTION 191.10 OF THIS ARTICLE  AND  KNOWS  THAT  SUCH  OTHER
   20  PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF
   21  SECTION  260.31  OF  THIS CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR
   22  HIMSELF OR HERSELF BECAUSE OF PHYSICAL  DISABILITY,  MENTAL  DISEASE  OR
   23  DEFECT, OR BECAUSE HE OR SHE IS A MINOR; OR
   24    2.  ASSUMES  THE IDENTITY OF TEN OR MORE PERSONS BY PRESENTING HIMSELF
   25  OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER  PERSONS,
   26  OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
   27  THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
   28  NAME  OF  THOSE  PERSONS,  OR CAUSES FINANCIAL LOSS TO AT LEAST ONE SUCH
   29  PERSON, OR TO ANOTHER PERSON OR PERSONS.
   30    IDENTITY THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
   31  S 191.20 IDENTITY THEFT IN THE SECOND DEGREE.
   32    A PERSON IS GUILTY OF IDENTITY THEFT IN THE SECOND DEGREE WHEN  HE  OR
   33  SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
   34    1.  ASSUMES  THE  IDENTITY  OF ANOTHER PERSON BY PRESENTING HIMSELF OR
   35  HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT OTHER  PERSON  OR  BY
   36  USING  PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND THERE-
   37  BY:
   38    (A) OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT  IN  THE
   39  NAME   OF  SUCH  OTHER  PERSON  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS
   40  TWENTY-FIVE THOUSAND DOLLARS; OR
   41    (B) CAUSES FINANCIAL LOSS TO SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
   42  PERSONS  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWENTY-FIVE  THOUSAND
   43  DOLLARS; OR
   44    (C) COMMITS OR ATTEMPTS TO COMMIT A CLASS C  FELONY  OR  HIGHER  LEVEL
   45  CRIME  OR  ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS C OR HIGHER
   46  LEVEL FELONY; OR
   47    (D) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
   48  IN SECTION 191.15 OF THIS ARTICLE  AND  HAS  BEEN  PREVIOUSLY  CONVICTED
   49  WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS DEFINED IN SECTION
   50  191.05,  IDENTITY  THEFT  IN  THE  FOURTH  DEGREE  AS DEFINED IN SECTION
   51  191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION 191.15,
   52  IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN THIS SECTION, IDENTITY
   53  THEFT IN THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION  191.25,  UNLAWFUL
   54  POSSESSION  OF  PERSONAL  IDENTIFYING INFORMATION IN THE THIRD DEGREE AS
   55  DEFINED IN SECTION 191.30, UNLAWFUL POSSESSION OF  PERSONAL  IDENTIFYING
   56  INFORMATION  IN THE SECOND DEGREE AS DEFINED IN SECTION 191.35, UNLAWFUL
       S. 218                              5
    1  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE  FIRST  DEGREE  AS
    2  DEFINED  IN  SECTION  191.40, UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN
    3  THE SECOND DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION OF A
    4  SKIMMER  DEVICE  IN THE FIRST DEGREE AS DEFINED IN SECTION 191.55, GRAND
    5  LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30, GRAND LARCENY
    6  IN THE THIRD DEGREE AS DEFINED IN SECTION 155.35, GRAND LARCENY  IN  THE
    7  SECOND DEGREE AS DEFINED IN SECTION 155.40 OR GRAND LARCENY IN THE FIRST
    8  DEGREE  AS  DEFINED  IN  SECTION 155.42, CRIMINAL POSSESSION OF A FORGED
    9  INSTRUMENT IN THE THIRD DEGREE AS DEFINED IN  SECTION  170.20,  CRIMINAL
   10  POSSESSION  OF  A  FORGED  INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN
   11  SECTION 170.25, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE  FIRST
   12  DEGREE AS DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROP-
   13  ERTY  IN  THE  FIFTH  DEGREE  AS  DEFINED  IN  SECTION  165.40, CRIMINAL
   14  POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SECTION
   15  165.45, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE  THIRD  DEGREE  AS
   16  DEFINED IN SECTION 165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
   17  SECOND  DEGREE  AS  DEFINED  IN  SECTION  165.52, CRIMINAL POSSESSION OF
   18  STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED  IN  SECTION  165.54,  OR
   19  CRIMINAL  POSSESSION  OF FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF
   20  THIS CHAPTER; OR
   21    (E) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
   22  IN SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS  A
   23  MEMBER  OF  THE  ARMED FORCES AND THAT SUCH MEMBER IS PRESENTLY DEPLOYED
   24  OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
   25    (F) COMMITS THE CRIME OF IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED
   26  IN SECTION 191.15 OF THIS ARTICLE AND KNOWS THAT SUCH OTHER PERSON IS  A
   27  VULNERABLE  ELDERLY  PERSON  AS  DEFINED IN SUBDIVISION THREE OF SECTION
   28  260.31 OF THIS CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR HIMSELF OR
   29  HERSELF BECAUSE OF PHYSICAL DISABILITY, MENTAL  DISEASE  OR  DEFECT,  OR
   30  BECAUSE HE OR SHE IS A MINOR; OR
   31    2.  ASSUMES  THE IDENTITY OF TWENTY-FIVE OR MORE PERSONS BY PRESENTING
   32  HIMSELF OR HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS  THOSE  OTHER
   33  PERSONS,  OR  BY  USING  PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER
   34  PERSONS, AND THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR  USES
   35  CREDIT  IN  THE  NAME  OF  THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO AT
   36  LEAST ONE SUCH PERSON, OR TO ANOTHER PERSON OR PERSONS.
   37    IDENTITY THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
   38  S 191.25 IDENTITY THEFT IN THE FIRST DEGREE.
   39    A PERSON IS GUILTY OF IDENTITY THEFT IN THE FIRST DEGREE  WHEN  HE  OR
   40  SHE KNOWINGLY AND WITH INTENT TO DEFRAUD:
   41    1.  ASSUMES  THE  IDENTITY  OF ANOTHER PERSON BY PRESENTING HIMSELF OR
   42  HERSELF AS THAT OTHER PERSON, OR BY ACTING AS THAT OTHER  PERSON  OR  BY
   43  USING  PERSONAL IDENTIFYING INFORMATION OF THAT OTHER PERSON, AND THERE-
   44  BY:
   45    (A) OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT  IN  THE
   46  NAME  OF  SUCH  OTHER  PERSON  IN  AN  AGGREGATE AMOUNT THAT EXCEEDS TWO
   47  HUNDRED THOUSAND DOLLARS; OR
   48    (B) CAUSES FINANCIAL LOSS TO SUCH  PERSON  OR  TO  ANOTHER  PERSON  OR
   49  PERSONS  IN  AN  AGGREGATE  AMOUNT  THAT  EXCEEDS  TWO  HUNDRED THOUSAND
   50  DOLLARS; OR
   51    (C) COMMITS OR ATTEMPTS TO COMMIT A CLASS B  FELONY  OR  HIGHER  LEVEL
   52  CRIME  OR  ACTS AS AN ACCESSORY IN THE COMMISSION OF A CLASS B OR HIGHER
   53  LEVEL FELONY; OR
   54    (D) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  SECOND  DEGREE  AS
   55  DEFINED  IN  SECTION  191.20  OF  THIS  ARTICLE  AND HAS BEEN PREVIOUSLY
   56  CONVICTED WITHIN THE LAST FIVE YEARS OF PETIT IDENTITY THEFT AS  DEFINED
       S. 218                              6
    1  IN  SECTION  191.05,  IDENTITY  THEFT IN THE FOURTH DEGREE AS DEFINED IN
    2  SECTION 191.10, IDENTITY THEFT IN THE THIRD DEGREE AS DEFINED IN SECTION
    3  191.15, IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 191.20
    4  OF  THIS  ARTICLE, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN THIS
    5  SECTION, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN  THE
    6  SECOND  DEGREE  AS  DEFINED  IN  SECTION  191.35, UNLAWFUL POSSESSION OF
    7  PERSONAL IDENTIFYING INFORMATION IN  THE  FIRST  DEGREE  AS  DEFINED  IN
    8  SECTION  191.40,  UNLAWFUL  POSSESSION OF A SKIMMER DEVICE IN THE SECOND
    9  DEGREE AS DEFINED IN SECTION 191.50, UNLAWFUL POSSESSION  OF  A  SKIMMER
   10  DEVICE  IN  THE FIRST DEGREE AS DEFINED IN SECTION 191.55, GRAND LARCENY
   11  IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30, GRAND LARCENY IN  THE
   12  THIRD  DEGREE  AS DEFINED IN SECTION 155.35, GRAND LARCENY IN THE SECOND
   13  DEGREE AS DEFINED IN SECTION 155.40 OR GRAND LARCENY IN THE FIRST DEGREE
   14  AS DEFINED IN SECTION 155.42, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
   15  IN THE THIRD DEGREE AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF
   16  A FORGED INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN  SECTION  170.25,
   17  CRIMINAL  POSSESSION  OF  A  FORGED  INSTRUMENT  IN  THE FIRST DEGREE AS
   18  DEFINED IN SECTION 170.30, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
   19  FIFTH DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN
   20  PROPERTY IN THE FOURTH DEGREE AS DEFINED  IN  SECTION  165.45,  CRIMINAL
   21  POSSESSION  OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION
   22  165.50, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND  DEGREE  AS
   23  DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
   24  FIRST  DEGREE  AS  DEFINED  IN SECTION 165.54, OR CRIMINAL POSSESSION OF
   25  FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER; OR
   26    (E) COMMITS THE CRIME OF  IDENTITY  THEFT  IN  THE  SECOND  DEGREE  AS
   27  DEFINED  IN  SECTION  191.20  OF  THIS ARTICLE AND KNOWS THAT SUCH OTHER
   28  PERSON IS A MEMBER OF THE ARMED FORCES, AND KNOWS THAT  SUCH  MEMBER  IS
   29  PRESENTLY DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES; OR
   30    (F)  COMMITS  THE  CRIME  OF  IDENTITY  THEFT  IN THE SECOND DEGREE AS
   31  DEFINED IN SECTION 191.20 OF THIS ARTICLE  AND  KNOWS  THAT  SUCH  OTHER
   32  PERSON IS A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF
   33  SECTION  260.31  OF  THIS CHAPTER, OR A PERSON WHO IS UNABLE TO CARE FOR
   34  HIMSELF OR HERSELF BECAUSE OF PHYSICAL  DISABILITY,  MENTAL  DISEASE  OR
   35  DEFECT, OR BECAUSE HE OR SHE IS A MINOR; OR
   36    2. ASSUMES THE IDENTITY OF FIFTY OR MORE PERSONS BY PRESENTING HIMSELF
   37  OR  HERSELF AS THOSE OTHER PERSONS, OR BY ACTING AS THOSE OTHER PERSONS,
   38  OR BY USING PERSONAL IDENTIFYING INFORMATION OF THOSE OTHER PERSONS, AND
   39  THEREBY OBTAINS GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE
   40  NAME OF THOSE PERSONS, OR CAUSES FINANCIAL LOSS TO  AT  LEAST  ONE  SUCH
   41  PERSON, OR TO ANOTHER PERSON OR PERSONS.
   42    IDENTITY THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
   43  S 191.30 UNLAWFUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE
   44             THIRD DEGREE.
   45    A PERSON IS GUILTY OF  UNLAWFUL  POSSESSION  OF  PERSONAL  IDENTIFYING
   46  INFORMATION  IN  THE  THIRD  DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES A
   47  PERSON'S PERSONAL IDENTIFYING INFORMATION AS DEFINED IN  SECTION  191.00
   48  OF  THIS  ARTICLE OF ANOTHER PERSON KNOWING SUCH INFORMATION IS INTENDED
   49  TO BE USED IN FURTHERANCE OF THE COMMISSION OF A CRIME DEFINED  IN  THIS
   50  CHAPTER.
   51    UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFYING INFORMATION IN THE THIRD
   52  DEGREE IS A CLASS A MISDEMEANOR.
   53  S 191.35 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN  THE
   54             SECOND DEGREE.
   55    A  PERSON  IS  GUILTY  OF  UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
   56  INFORMATION IN THE SECOND DEGREE WHEN  HE  OR  SHE  KNOWINGLY  POSSESSES
       S. 218                              7
    1  FIFTY  OR  MORE  ITEMS OF PERSONAL IDENTIFYING INFORMATION AS DEFINED IN
    2  SECTION 191.00 OF THIS ARTICLE KNOWING SUCH INFORMATION IS  INTENDED  TO
    3  BE  USED  IN  FURTHERANCE  OF  THE COMMISSION OF A CRIME DEFINED IN THIS
    4  CHAPTER.
    5    UNLAWFUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND
    6  DEGREE IS A CLASS E FELONY.
    7  S 191.40 UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN  THE
    8             FIRST DEGREE.
    9    A  PERSON  IS  GUILTY  OF  UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
   10  INFORMATION IN THE FIRST DEGREE WHEN HE OR  SHE  COMMITS  THE  CRIME  OF
   11  UNLAWFUL  POSSESSION  OF  PERSONAL IDENTIFYING INFORMATION IN THE SECOND
   12  DEGREE AND:
   13    1. WITH INTENT TO FURTHER THE COMMISSION  OF  IDENTITY  THEFT  IN  THE
   14  THIRD DEGREE, HE OR SHE SUPERVISES MORE THAN THREE ACCOMPLICES; OR
   15    2.  HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE YEARS
   16  OF PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT  IN
   17  THE  FOURTH  DEGREE  AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE
   18  THIRD DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE  SECOND
   19  DEGREE  AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE
   20  AS DEFINED IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL  IDENTIFY-
   21  ING INFORMATION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAW-
   22  FUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE
   23  AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL  IDENTIFY-
   24  ING INFORMATION IN THE FIRST DEGREE AS DEFINED IN THIS SECTION, UNLAWFUL
   25  POSSESSION  OF  A  SKIMMER  DEVICE  IN  THE  SECOND DEGREE AS DEFINED IN
   26  SECTION 191.50, UNLAWFUL POSSESSION OF A SKIMMER  DEVICE  IN  THE  FIRST
   27  DEGREE  AS DEFINED IN SECTION 191.55, GRAND LARCENY IN THE FOURTH DEGREE
   28  AS DEFINED IN SECTION 155.30, GRAND  LARCENY  IN  THE  THIRD  DEGREE  AS
   29  DEFINED IN SECTION 155.35, GRAND LARCENY IN THE SECOND DEGREE AS DEFINED
   30  IN  SECTION  155.40  OR  GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN
   31  SECTION 155.42, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE  THIRD
   32  DEGREE  AS  DEFINED  IN  SECTION 170.20, CRIMINAL POSSESSION OF A FORGED
   33  INSTRUMENT IN THE SECOND DEGREE AS DEFINED IN SECTION  170.25,  CRIMINAL
   34  POSSESSION  OF  A  FORGED  INSTRUMENT  IN THE FIRST DEGREE AS DEFINED IN
   35  SECTION 170.30, CRIMINAL POSSESSION OF  STOLEN  PROPERTY  IN  THE  FIFTH
   36  DEGREE AS DEFINED IN SECTION 165.40, CRIMINAL POSSESSION OF STOLEN PROP-
   37  ERTY  IN  THE  FOURTH  DEGREE  AS  DEFINED  IN  SECTION 165.45, CRIMINAL
   38  POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN  SECTION
   39  165.50,  CRIMINAL  POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS
   40  DEFINED IN SECTION 165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE
   41  FIRST DEGREE AS DEFINED IN SECTION 165.54,  OR  CRIMINAL  POSSESSION  OF
   42  FORGERY DEVICES AS DEFINED IN SECTION 170.40 OF THIS CHAPTER; OR
   43    3.  WITH  INTENT  TO  FURTHER  THE COMMISSION OF IDENTITY THEFT IN THE
   44  SECOND DEGREE:
   45    (A) HE OR SHE SUPERVISES MORE THAN TWO ACCOMPLICES, AND
   46    (B) HE OR SHE KNOWS THAT THE PERSON WHOSE PERSONAL IDENTIFYING  INFOR-
   47  MATION THAT HE OR SHE POSSESSES IS A MEMBER OF THE ARMED FORCES, AND
   48    (C)  HE OR SHE KNOWS THAT SUCH MEMBER OF THE ARMED FORCES IS PRESENTLY
   49  DEPLOYED OUTSIDE OF THE CONTINENTAL UNITED STATES.
   50    UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN  THE  FIRST
   51  DEGREE IS A CLASS D FELONY.
   52  S 191.45 DEFENSES.
   53    IN  ANY  PROSECUTION  FOR  IDENTITY  THEFT  OR  UNLAWFUL POSSESSION OF
   54  PERSONAL IDENTIFYING INFORMATION PURSUANT TO THIS ARTICLE, IT  SHALL  BE
   55  AN AFFIRMATIVE DEFENSE THAT THE PERSON CHARGED WITH THE OFFENSE:
       S. 218                              8
    1    1.  WAS  UNDER  TWENTY-ONE  YEARS OF AGE AT THE TIME OF COMMITTING THE
    2  OFFENSE AND THE PERSON USED OR POSSESSED THE PERSONAL IDENTIFYING INFOR-
    3  MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING ALCOHOL;
    4    2.  WAS  UNDER  EIGHTEEN  YEARS  OF  AGE AT THE TIME OF COMMITTING THE
    5  OFFENSE AND THE PERSON USED OR POSSESSED THE PERSONAL IDENTIFYING INFOR-
    6  MATION OF ANOTHER SOLELY FOR THE PURPOSE OF PURCHASING TOBACCO PRODUCTS;
    7  OR
    8    3. USED OR POSSESSED THE PERSONAL IDENTIFYING INFORMATION  OF  ANOTHER
    9  PERSON  SOLELY  FOR  THE  PURPOSE OF MISREPRESENTING THE PERSON'S AGE TO
   10  GAIN ACCESS TO A PLACE THE ACCESS TO WHICH IS RESTRICTED BASED ON AGE.
   11  S 191.50 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE SECOND DEGREE.
   12    1. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF A  SKIMMER  DEVICE  IN
   13  THE  SECOND  DEGREE  WHEN  HE OR SHE POSSESSES A SKIMMER DEVICE WITH THE
   14  INTENT THAT SUCH DEVICE BE USED IN FURTHERANCE OF THE COMMISSION OF  THE
   15  CRIME  OF  IDENTITY THEFT OR UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
   16  INFORMATION AS DEFINED IN THIS ARTICLE.
   17    2. FOR PURPOSES OF THIS  ARTICLE,  "SKIMMER  DEVICE"  MEANS  A  DEVICE
   18  DESIGNED  OR  ADAPTED  TO OBTAIN PERSONAL IDENTIFYING INFORMATION FROM A
   19  CREDIT CARD, DEBIT CARD, PUBLIC BENEFIT CARD, ACCESS CARD OR DEVICE,  OR
   20  OTHER CARD OR DEVICE THAT CONTAINS PERSONAL IDENTIFYING INFORMATION.
   21    UNLAWFUL  POSSESSION  OF  A  SKIMMER  DEVICE IN THE SECOND DEGREE IS A
   22  CLASS A MISDEMEANOR.
   23  S 191.55 UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE.
   24    A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF A SKIMMER DEVICE  IN  THE
   25  FIRST  DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFUL POSSESSION OF
   26  A SKIMMER DEVICE IN THE SECOND DEGREE AND HE OR SHE HAS BEEN  PREVIOUSLY
   27  CONVICTED  WITHIN  THE  LAST  FIVE YEARS OF IDENTITY THEFT IN THE FOURTH
   28  DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE THIRD  DEGREE
   29  AS  DEFINED  IN  SECTION  191.15, IDENTITY THEFT IN THE SECOND DEGREE AS
   30  DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED
   31  IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING  INFORMA-
   32  TION  IN  THE  THIRD  DEGREE  AS  DEFINED  IN  SECTION  191.30, UNLAWFUL
   33  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND  DEGREE  AS
   34  DEFINED  IN  SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL IDENTIFYING
   35  INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION  191.40,  UNLAWFUL
   36  POSSESSION  OF  A  SKIMMER  DEVICE  IN  THE  SECOND DEGREE AS DEFINED IN
   37  SECTION 191.50, UNLAWFUL POSSESSION OF A SKIMMER  DEVICE  IN  THE  FIRST
   38  DEGREE AS DEFINED IN THIS SECTION, GRAND LARCENY IN THE FOURTH DEGREE AS
   39  DEFINED  IN SECTION 155.30, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED
   40  IN SECTION 155.35, GRAND LARCENY IN THE  SECOND  DEGREE  AS  DEFINED  IN
   41  SECTION  155.40, GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION
   42  155.42, CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE  THIRD  DEGREE
   43  AS DEFINED IN SECTION 170.20, CRIMINAL POSSESSION OF A FORGED INSTRUMENT
   44  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 170.25, CRIMINAL POSSESSION
   45  OF A FORGED INSTRUMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 170.30,
   46  CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE AS DEFINED IN
   47  SECTION 165.40, CRIMINAL POSSESSION OF STOLEN  PROPERTY  IN  THE  FOURTH
   48  DEGREE AS DEFINED IN SECTION 165.45, CRIMINAL POSSESSION OF STOLEN PROP-
   49  ERTY  IN  THE  THIRD  DEGREE  AS  DEFINED  IN  SECTION  165.50, CRIMINAL
   50  POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE AS DEFINED IN SECTION
   51  165.52, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE  FIRST  DEGREE  AS
   52  DEFINED  IN SECTION 165.54, OR CRIMINAL POSSESSION OF FORGERY DEVICES AS
   53  DEFINED IN SECTION 170.40 OF THIS CHAPTER.
   54    UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE FIRST DEGREE IS A CLASS
   55  E FELONY.
       S. 218                              9
    1    S 2. Paragraph (a) of subdivision 1 of section  460.10  of  the  penal
    2  law,  as  amended by chapter 405 of the laws of 2010, is amended to read
    3  as follows:
    4    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
    5  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    6  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
    7  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    8  135.25  relating  to  kidnapping; section 135.35 relating to labor traf-
    9  ficking; section 135.65 relating to coercion;  sections  140.20,  140.25
   10  and  140.30  relating  to  burglary;  sections 145.05, 145.10 and 145.12
   11  relating to criminal mischief; article one  hundred  fifty  relating  to
   12  arson;  sections  155.30,  155.35,  155.40  and 155.42 relating to grand
   13  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
   14  care  fraud;  article  one  hundred  sixty relating to robbery; sections
   15  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
   16  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
   17  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
   18  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
   19  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
   20  176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
   21  to  criminal  diversion  of  prescription medications and prescriptions;
   22  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
   23  200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  215.00,
   24  215.05  and  215.19 relating to bribery; sections 187.10, 187.15, 187.20
   25  and 187.25 relating to residential mortgage fraud, sections  190.40  and
   26  190.42 relating to criminal usury; section 190.65 relating to schemes to
   27  defraud;  SECTIONS  191.05,  191.10,  191.15,  191.20,  191.25,  191.30,
   28  191.35, 191.40, 191.50 AND 191.55 RELATING TO IDENTITY  THEFT;  sections
   29  205.60  and  205.65  relating to hindering prosecution; sections 210.10,
   30  210.15, and 215.51 relating to  perjury  and  contempt;  section  215.40
   31  relating  to  tampering with physical evidence; sections 220.06, 220.09,
   32  220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43,  220.46,
   33  220.55,  220.60  and  220.77 relating to controlled substances; sections
   34  225.10 and 225.20 relating to gambling;  sections  230.25,  230.30,  and
   35  230.32  relating  to  promoting prostitution; section 230.34 relating to
   36  sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 relating  to
   37  obscenity;  sections  263.10  and  263.15 relating to promoting a sexual
   38  performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
   39  265.13 and the provisions of section 265.10 which  constitute  a  felony
   40  relating  to  firearms  and other dangerous weapons; and sections 265.14
   41  and 265.16 relating to criminal sale of a firearm; and  section  275.10,
   42  275.20,  275.30,  or  275.40  relating  to  unauthorized recordings; and
   43  sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering;
   44  or
   45    S 3. Paragraph (a) of subdivision 3 of section  490.05  of  the  penal
   46  law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
   47  is amended to read as follows:
   48    (a)  "Specified  offense" for purposes of this article means a class A
   49  felony offense other than an offense as defined in article  two  hundred
   50  twenty,   a   violent  felony  offense  as  defined  in  section  70.02,
   51  manslaughter in the second degree as defined in section 125.15, criminal
   52  tampering in the first degree as defined  in  section  145.20,  identity
   53  theft  in the second degree as defined in section [190.79] 191.20, iden-
   54  tity theft in the first degree as defined in  section  [190.80]  191.25,
   55  unlawful possession of personal identification information in the second
   56  degree  as  defined  in  section [190.82] 191.35, unlawful possession of
       S. 218                             10
    1  personal identification information in the first degree  as  defined  in
    2  section [190.83] 191.40, money laundering in support of terrorism in the
    3  fourth  degree as defined in section 470.21, money laundering in support
    4  of  terrorism  in  the  third degree as defined in section 470.22, money
    5  laundering in support of terrorism in the second degree  as  defined  in
    6  section  470.23,  money  laundering in support of terrorism in the first
    7  degree as defined in section 470.24 of this  chapter,  and  includes  an
    8  attempt or conspiracy to commit any such offense.
    9    S  4. Paragraph (s) of subdivision 8 of section 700.05 of the criminal
   10  procedure law is REPEALED and a new paragraph (s) is added  to  read  as
   11  follows:
   12    (S)  PETIT IDENTITY THEFT AS DEFINED IN SECTION 191.05, IDENTITY THEFT
   13  IN THE FOURTH DEGREE AS DEFINED IN SECTION 191.10, IDENTITY THEFT IN THE
   14  THIRD DEGREE AS DEFINED IN SECTION 191.15, IDENTITY THEFT IN THE  SECOND
   15  DEGREE  AS DEFINED IN SECTION 191.20, IDENTITY THEFT IN THE FIRST DEGREE
   16  AS DEFINED IN SECTION 191.25, UNLAWFUL POSSESSION OF PERSONAL  IDENTIFY-
   17  ING INFORMATION IN THE THIRD DEGREE AS DEFINED IN SECTION 191.30, UNLAW-
   18  FUL  POSSESSION OF PERSONAL IDENTIFYING INFORMATION IN THE SECOND DEGREE
   19  AS DEFINED IN SECTION 191.35, UNLAWFUL POSSESSION OF PERSONAL  IDENTIFY-
   20  ING INFORMATION IN THE FIRST DEGREE AS DEFINED IN SECTION 191.40, UNLAW-
   21  FUL  POSSESSION  OF  A SKIMMER DEVICE IN THE SECOND DEGREE AS DEFINED IN
   22  SECTION 191.50, OR UNLAWFUL POSSESSION OF A SKIMMER DEVICE IN THE  FIRST
   23  DEGREE AS DEFINED IN SECTION 191.55 OF THE PENAL LAW.
   24    S  5.  Paragraph (b) of subdivision 1 of section 899-aa of the general
   25  business law, as added by chapter 442 of the laws of 2005, is amended to
   26  read as follows:
   27    (b) "Private information" shall mean personal  information  consisting
   28  of  any information in combination with any one or more of the following
   29  data elements, when either the personal information or the data  element
   30  is not encrypted, or encrypted with an encryption key that has also been
   31  acquired:
   32    (1) social security number;
   33    (2)  driver's license number or non-driver identification card number;
   34  or
   35    (3) account number, credit or debit card number, in  combination  with
   36  any  required  security code, access code, or password that would permit
   37  access to an individual's financial account; OR
   38    (4) MEDICAL INFORMATION; OR
   39    (5) HEALTH INSURANCE INFORMATION;
   40    FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
   41  MATION REGARDING AN INDIVIDUAL'S MEDICAL  HISTORY,  MENTAL  OR  PHYSICAL
   42  CONDITION,  OR  MEDICAL  TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFES-
   43  SIONAL.
   44    FOR PURPOSES OF THIS PARAGRAPH, "HEALTH INSURANCE  INFORMATION"  MEANS
   45  AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
   46  TION  NUMBER, ANY UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY
   47  THE INDIVIDUAL OR ANY INFORMATION IN  AN  INDIVIDUAL'S  APPLICATION  AND
   48  CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
   49    "Private  information" does not include publicly available information
   50  which is lawfully made available to the  general  public  from  federal,
   51  state, or local government records.
   52    S  6. Paragraph (a) of subdivision 1 of section 208 of the state tech-
   53  nology law, as added by chapter 442 of the laws of 2005, is  amended  to
   54  read as follows:
   55    (a)  "Private information" shall mean personal information in combina-
   56  tion with any one or more of the following data  elements,  when  either
       S. 218                             11
    1  the  personal  information  or  the  data  element  is  not encrypted or
    2  encrypted with an encryption key that has also been acquired:
    3    (1) social security number;
    4    (2)  driver's license number or non-driver identification card number;
    5  or
    6    (3) account number, credit or debit card number, in  combination  with
    7  any  required security code, access code, or password which would permit
    8  access to an individual's financial account[.]; OR
    9    (4) MEDICAL INFORMATION; OR
   10    (5) HEALTH INSURANCE INFORMATION.
   11    FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL INFORMATION" MEANS ANY INFOR-
   12  MATION REGARDING AN INDIVIDUAL'S MEDICAL  HISTORY,  MENTAL  OR  PHYSICAL
   13  CONDITION,  OR  MEDICAL  TREATMENT OR DIAGNOSIS BY A HEALTH CARE PROFES-
   14  SIONAL.
   15    FOR PURPOSES OF THIS PARAGRAPH, "HEALTH INSURANCE  INFORMATION"  MEANS
   16  AN INDIVIDUAL'S HEALTH INSURANCE POLICY NUMBER OR SUBSCRIBER IDENTIFICA-
   17  TION  NUMBER, ANY UNIQUE IDENTIFIER USED BY A HEALTH INSURER TO IDENTIFY
   18  THE INDIVIDUAL OR ANY INFORMATION IN  AN  INDIVIDUAL'S  APPLICATION  AND
   19  CLAIMS HISTORY, INCLUDING, BUT NOT LIMITED TO, APPEALS HISTORY.
   20    "Private  information" does not include publicly available information
   21  that is lawfully made available to  the  general  public  from  federal,
   22  state, or local government records.
   23    S  7. Sections 190.77, 190.78, 190.79, 190.80, 190.81, 190.82, 190.83,
   24  190.84, 190.85 and 190.86 of the penal law are REPEALED.
   25    S 8. Subdivision 1 of section 60.27 of the penal law,  as  amended  by
   26  chapter 279 of the laws of 2008, is amended to read as follows:
   27    1.  In addition to any of the dispositions authorized by this article,
   28  the court shall consider restitution or reparation to the victim of  the
   29  crime  and may require restitution or reparation as part of the sentence
   30  imposed upon a person convicted of an offense, and after  providing  the
   31  district attorney with an opportunity to be heard in accordance with the
   32  provisions  of  this subdivision, require the defendant to make restitu-
   33  tion of the fruits of his or her offense or reparation  for  the  actual
   34  out-of-pocket  loss  caused  thereby  and, in the case of a violation of
   35  section [190.78, 190.79,  190.80,  190.82  or  190.83]  191.05,  191.10,
   36  191.15,  191.20  OR 191.25 of this chapter, any costs or losses incurred
   37  due to any adverse action taken against the victim. The district  attor-
   38  ney  shall  where appropriate, advise the court at or before the time of
   39  sentencing that the victim seeks restitution or reparation,  the  extent
   40  of  injury  or  economic loss or damage of the victim, and the amount of
   41  restitution or reparation sought by the victim in accordance with his or
   42  her responsibilities under subdivision two  of  section  390.50  of  the
   43  criminal  procedure  law  and article twenty-three of the executive law.
   44  The court shall hear and  consider  the  information  presented  by  the
   45  district  attorney  in  this  regard.  In that event, or when the victim
   46  impact statement reports that the victim seeks  restitution  or  repara-
   47  tion,  the  court shall require, unless the interests of justice dictate
   48  otherwise, in addition to any of the  dispositions  authorized  by  this
   49  article that the defendant make restitution of the fruits of the offense
   50  and  reparation  for the actual out-of-pocket loss and, in the case of a
   51  violation of section [190.78, 190.79, 190.80, 190.82 or 190.83]  191.05,
   52  191.10,  191.15,  191.20  OR 191.25 of this chapter, any costs or losses
   53  incurred due to any adverse action, caused thereby to the victim. In the
   54  event that restitution or reparation are not ordered,  the  court  shall
   55  clearly  state its reasons on the record. Adverse action as used in this
   56  subdivision shall mean and include actual loss incurred by  the  victim,
       S. 218                             12
    1  including  an  amount equal to the value of the time reasonably spent by
    2  the victim attempting to remediate the harm incurred by the victim  from
    3  the offense, and the consequential financial losses from such action.
    4    S 9. Paragraph (b) of subdivision 4 of section 60.27 of the penal law,
    5  as  amended  by  chapter  313 of the laws of 2011, is amended to read as
    6  follows:
    7    (b) the term "victim" shall include the victim  of  the  offense,  the
    8  representative  of  a  crime  victim  as  defined  in subdivision six of
    9  section six hundred twenty-one of the executive law, an individual whose
   10  identity was assumed or whose personal identifying information was  used
   11  in  violation  of  section  [190.78,  190.79  or 190.80] 191.05, 191.10,
   12  191.15, 191.20 OR 191.25 of this chapter, or any person who has suffered
   13  a financial loss as a direct result  of  the  acts  of  a  defendant  in
   14  violation  of section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05,
   15  191.10, 191.15, 191.20 OR 191.25 of this chapter, a  good  samaritan  as
   16  defined  in  section six hundred twenty-one of the executive law and the
   17  office of victim services or other governmental agency that has received
   18  an application for or has provided financial assistance or  compensation
   19  to the victim.  A victim shall also mean any owner or lawful producer of
   20  a master recording, or a trade association that represents such owner or
   21  lawful  producer,  that has suffered injury as a result of an offense as
   22  defined in article two hundred seventy-five of this chapter.
   23    S 10. Subdivision 2 of section 646 of the executive law, as amended by
   24  chapter 346 of the laws of 2007, is amended to read as follows:
   25    2. An individual whose identity was assumed or whose personal  identi-
   26  fying  information,  as  defined  in [section 190.77] SUBDIVISION ONE OF
   27  SECTION 191.00 of the penal  law,  was  used  in  violation  of  section
   28  [190.78,  190.79  or 190.80] 191.05, 191.10, 191.15, 191.20 OR 191.25 of
   29  the penal law, or any person who has suffered  a  financial  loss  as  a
   30  direct  result  of  the  acts  of  a  defendant  in violation of section
   31  [190.78, 190.79, 190.80,  190.82  or  190.83]  191.05,  191.10,  191.15,
   32  191.20  OR  191.25  of  the  penal  law,  who  has learned or reasonably
   33  suspects that his or  her  personal  identifying  information  has  been
   34  unlawfully  used  by  another,  may  make  a  complaint to the local law
   35  enforcement agency of the county in which any part of the  offense  took
   36  place  regardless  of whether the defendant was actually present in such
   37  county, or in the county in which the person who suffered financial loss
   38  resided at the time of the commission of the offense, or in  the  county
   39  where  the  person whose personal identification information was used in
   40  the commission of the offense resided at the time of the  commission  of
   41  the  offense as provided in paragraph (l) of subdivision four of section
   42  20.40 of the criminal procedure law. Said local law  enforcement  agency
   43  shall  take  a  police  report of the matter and provide the complainant
   44  with a copy of such report free of charge.
   45    S 11. This act shall take effect immediately.