BILL NUMBER:  S192

 TITLE OF BILL :
An act to amend the penal law, in relation to increasing the penalties
for identity theft crimes


 PURPOSE :
To further deter identity theft and related crimes.

 SUMMARY OF PROVISIONS :
This bill would upgrade identity theft in the third degree from a
class A misdemeanor to a class E felony in the closing paragraph of
section 190.78 of the penal law; upgrading identity theft in the
second degree from a class E felony to a class D felony in section 2
of the closing paragraph of section 190.79 of the penal law, and
upgrading identity theft in the first degree from a class D felony to
a class C felony in section 3 of the closing paragraph of section
190.80 of the penal law.

 EFFECTIVENESS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Currently, identity theft in the third degree is a class A
misdemeanor; identity theft in the second degree is a class E felony;
and identity theft in the first degree is a class D felony.

 JUSTIFICATION :
              

Over the years, identity theft has been addressed in the Senate,
including the passage of the Identity Theft bill (S.7697-A) which was
introduced by Senator Spano and co-sponsored by 35 other Senators,
amended the penal law in relation to prohibiting and penalizing
identity theft.  In accordance with the 2002 legislation, this bill
would further deter identity theft and thereby strengthen identity
protection for New York State consumers. The National Crime Prevention
Council reports that identity theft is the fastest growing crime in
the US. In 2002, The Federal Trade Commission (FTC) released
statistics which found that the total number of fraud and identity
theft complaints from New York State consumers was 23,939 of which New
York City was at the top of the list for consumer fraud with a
reported 3,264 victims. In 2003, the FTC reported New York State
ranked number six in a national average of reported identity theft
victims with a total of 15,821, of which New York City ranked at the
top with a reported 8,863 victims, up from 5,888 in 2002.
Additionally, identity theft cost $33 billion (nationally) in loss to
all businesses and financial institutions and on average Americans
spent 300 million hours resolving problems related to identity theft.
Imposing harsher penalties relating to identity theft crimes would
reduce the financial loss to New York State businesses and its
constituents, as well as reduce problems with resolving issues related
to identity theft crimes (e.g. using someone else's personal documents
to obtain goods or services).

 LEGISLATIVE HISTORY :
S.2090 of 2007
01/31/07 Referred to Codes
01/09/08 Referred to Codes

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.