BILL NUMBER: S74
SPONSOR: KAVANAGH
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation provides a cogent and logical framework for the myriad
identity theft laws that have been passed in response to the rapidly
changing nature of identity theft crimes. It creates five tiers of
crimes, based on the financial loss to the victim(s) and the number of
people victimized, providing enhancements for vulnerable elderly and
disabled victims as well as victims on military deployment. It also
acknowledges that identity theft doesn't respect geographic boundaries
by providing that companion crimes, such as larceny, can be charged
along with the crime of Identity Theft.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends Title K of the Penal law to add a new
Article 191. This new article creates the E felony of Identity Theft in
the Fourth Degree; the D felony of Identity Theft in the Third Degree,
the C felony of Identity Theft in the Second Degree; and the B felony of
Identity Theft in the First Degree. The Article includes vulnerable
elderly people, minors, and physically and mentally disabled people into
those protected by the Aggravated Identity Theft section. The Article
makes technical corrections to PL 191.35, 191.40 and 191.45 by changing
personal identification information to personal identifying information,
and including Social Security numbers in the definition.
Sections two through ten amend various sections of the law to conform to
the above new Article 191.
Section eleven sets forth the effective date.
 
JUSTIFICATION:
Identity theft crimes are widely regarded as among the hardest to prose-
cute. Criminal activity linked to one victim routinely spans numerous
jurisdictions. A summary arrest of one individual can relate to victimi-
zation of dozens or even hundreds of people. And, in the age of the
internet, accomplices located around the world can work together to
steal, fraudulently use, and traffic in personal data. Our current laws
do not provide adequate tools to combat these crimes. Moreover, the laws
are weakest in addressing identity theft crimes wherein the largest sums
are stolen or numerous people are victimized.
Identity theft continues to increase throughout New York State. In order
to protect New Yorkers and penalize thieves who steal identities as a
means of illicitly procuring money, goods and services that rightfully
belong to others, this bill revises the identity theft laws by creating
a new Penal Law Article 191. Recognizing that identity thieves often
target multiple victims and steal large amounts of money, the new arti-
cle establishes thresholds for amounts of money stolen and for the
number of victims from whom a perpetrator steals.
The revisions also correct some technical problems with existing law.
Most importantly, they create standard terminology regarding personal
identifying information, which previously interchanged "personal identi-
fying" and "personal identification" information. Finally, the bill
lists the most frequently found companion crimes and expands the venue
provision that already existed in the identity theft laws to include
those companion crimes. This is pragmatic legally and financially.
Defenders, prosecutors, courts, and defendants will no longer need to
try parts of the same case in multiple counties, wasting resources and
risking claims of double jeopardy.
2024: S607 (Kavanagh) - REFERRED TO CODES
2023: S607 (Kavanagh) - REFERRED TO CODES
2022: S2857 (Kavanagh) - REFERRED TO CODES
2021: S2857 (Kavanagh) - PASSED SENATE
2020: S5146 (Kavanagh) - REFERRED TO CODES
2019: S5146 (Kavanagh) - PASSED SENATE
2018: S7065 (Kavanagh) - PASSED SENATE
2017: S3654 (Squadron)- PASSED SENATE /A8629 (Kavanagh) - enacting
clause
SENATE
2016: S148A (Squadron)/A5969 (Kavanagh) - Passed Senate/referred to
Codes
2015: S148 (Squadron)/A5969 (Kavanagh) - Passed Senate/referred to Codes
2014: S218 (Squadron) - Passed Senate
2013: S218 (Squadron)- Passed Senate
2012: S737B (Squadron)- Referred to Codes
2011: S737B (Squadron)- Recommitted to Codes
2010: S7843 (Schneiderman)/A10944 - Reported and committed to
Rules/referred to Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S74: 460.10 penal law, 460.10(1) penal law, 490.05 penal law, 490.05(3) penal law, 700.05 criminal procedure law, 700.05(8) criminal procedure law, 899-aa general business law, 899-aa(1) general business law, 60.27 penal law, 60.27(1) penal law, 60.27(4) penal law, 646 executive law, 646(2) executive law