BILL NUMBER:S1701

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.

EFFECTS 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


S.192 of 2009
01/07/09 REFERRED TO CODES
01/06/10 REFERRED TO CODES

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