NY State Senate Bill 2009-S7588

Senate Bill S7588

2009-2010 Legislative Session

Expands geographical jurisdiction for crimes attendant to identity theft or unlawful possession of personal information

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	referred to codes delivered to assembly passed senate
Jun 10, 2010	advanced to third reading
Jun 09, 2010	2nd report cal.
Jun 08, 2010	1st report cal.850
Apr 23, 2010	referred to codes

Votes

- Jun 15, 2010 - Floor Vote
  S7588
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 8, 2010 - Codes Committee Vote
  S7588
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 8, 2010
      
      aye (16)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker

2009-S7588 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §20.10 & 20.40, CP L
Versions Introduced in 2011-2012 Legislative Session:: S885

2009-S7588 (ACTIVE) - Summary

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

2009-S7588 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7588

 TITLE OF BILL :

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


 PURPOSE :

Amends the criminal procedure law to allow prosecutors and criminal
courts to try crimes committed in the same transaction as identity
theft or the unlawful possession of personal identification
information in the same venue.

 SUMMARY OF PROVISIONS :

Section 1. Creates a new subdivision 5 of section 20.10 of the
criminal procedure law, which provides for the definition of criminal
transaction.

Section 2. Amends paragraph (1) of subdivision 4 of section 20.40 of
the criminal procedure law, which expands the geographical
jurisdiction of counties to hear crimes committed in the same
transaction as identity theft or the unlawful possession of personal

identification information in the same venue.

Section 3. Provides for the effective date.

 JUSTIFICATION :

Under paragraph (1) of subdivision 4 of section 20.40 of the criminal
procedure law, county courts have been granted the power to try a case
where the defendant has been alleged to commit the crime of either
identity theft or the unlawful possession of personal identification
information. This paragraph was created in 2002 to assist in the
prosecution of the relatively new crime of identity theft. Paragraph
(1) gave the prosecution multiple venues to prosecute since the crime
of identity theft or the unlawful possession of personal
identification information could have been perpetrated in one county,
while the impact of such conduct impacted the residents of two other
separate counties.

The amendment to paragraph (1) of subdivision 4 of section 20.40 of
the criminal procedure law proposed in this legislation corrects
another problem associated with these crimes. Many times other crimes
alleged to have occurred within the same criminal transaction may not
be prosecuted before the same criminal court. Thus, crimes such as
larceny and criminal possession of stolen property are either not
prosecuted or prosecuted in another county court, creating an undue
burden on the courts.

This legislation will create a more efficient court system and avoid
the possibility of inconsistent verdicts.

 LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

This legislation would create a savings to the state.

 EFFECTIVE DATE :
This act shall take effect on the one-hundred eightieth day after it
shall have become law.

2009-S7588 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. Section 20.10 of the criminal procedure law is  amended  by
adding a new subdivision 5 to read as follows:
  5. "CRIMINAL TRANSACTION." WHEN CONDUCT WHICH ESTABLISHES AT LEAST ONE
OFFENSE, AND WHICH IS COMPRISED OF TWO OR MORE OR A GROUP OF ACTS EITHER
(A)  SO  CLOSELY RELATED AND CONNECTED IN POINT OF TIME AND CIRCUMSTANCE
OF COMMISSION AS TO CONSTITUTE A SINGLE CRIMINAL  INCIDENT,  OR  (B)  SO
CLOSELY  RELATED  IN  CRIMINAL  PURPOSE  OR  OBJECTIVE  AS TO CONSTITUTE
ELEMENTS OR INTEGRAL PARTS OF A SINGLE CRIMINAL VENTURE.
  S 2. Paragraph (l) of subdivision 4 of section 20.40 of  the  criminal
procedure law, as amended by chapter 346 of the laws of 2007, is amended
to read as follows:
  (l)  [An]  NOTWITHSTANDING  ANY  PROVISION  OF THIS SUBDIVISION TO THE
CONTRARY, AN  offense  of  identity  theft  or  unlawful  possession  of
personal  identification  information [may], TOGETHER WITH AN ADDITIONAL
OFFENSE OR OFFENSES ARISING FROM THE SAME CRIMINAL TRANSACTION, SHALL be
prosecuted (i) in any county in which part of [the] SUCH IDENTITY  THEFT
ON  UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFICATION INFORMATION offense
took place regardless of whether the defendant was actually  present  in
such  county,  or  (ii)  in  the  county in which the person who suffers
financial loss resided at the time of the commission of [the] SUCH IDEN-
TITY THEFT ON UNLAWFUL POSSESSION OF PERSONAL IDENTIFICATION INFORMATION
offense, or (iii) in the county where the person  whose  personal  iden-
tification information was used in the commission of [the] SUCH IDENTIFY
THEFT  ON  UNLAWFUL  POSSESSION  OF  PERSONAL IDENTIFICATION INFORMATION
offense resided at the time of the commission of the  offense.  The  law
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

matter and provide the complainant with a copy  of  such  report  at  no
charge.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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