New York S 74: Relates to offenses involving thefts of identity; repealer

Bill Text

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S00074 Summary:

BILL NOS00074 

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SAME ASNo Same As

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SPONSORKAVANAGH

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COSPNSR

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MLTSPNSR

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Add Title K Art 191 §§191.00 - 191.55, amd §§460.10, 490.05 & 60.27, rpld §§190.77 - 190.86, Pen L; rpld
§700.05 sub 8 ¶(s), amd §700.05, CP L; amd §899-aa, Gen Bus L; amd §208, St Tech L; amd §646, Exec L

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Relates to offenses involving theft of identity; creates five tiers of crimes, based on the financial loss to the victim(s) and the number of people victimized.

Go to top S00074 Actions:

BILL NOS00074 

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01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00074 Committee&nbspVotes:

Go to topS00074 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00074 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 74

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. KAVANAGH -- 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.
 LBD00123-01-5

 S. 74 2

 1 § 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 g