NY State Assembly Bill 2015-A938A

Assembly Bill A938A

2015-2016 Legislative Session

Expands the definition of "criminal act", for purposes of enterprise corruption, to include computer offenses, identity theft and other fraud offenses

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
Jan 12, 2016	print number 938a
Jan 12, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes
Jan 08, 2015	referred to codes

Bill Amendments

Original

A (Active)

2015-A938 - Details

See Senate Version of this Bill:: S1301
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §460.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7862
2013-2014: A3819, S40
2017-2018: S468

2015-A938 - Summary

Expands the definition of "criminal act", for purposes of enterprise corruption, to include computer offenses, identity theft, criminal use of an access device and unlawful possession of personal identification information or a skimmer.

2015-A938 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   938

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to including certain computer
  offenses,  criminal use of an access device, identity theft and unlaw-
  ful possession of personal identification  information  or  a  skimmer
  device  within the definition of "criminal act" for purposes of enter-
  prise corruption

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of subdivision 1 of section 460.10 of the
penal law, as amended by chapter 37 of the laws of 2014, is  amended  to
read as follows:
  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25  relating  to  kidnapping; section 135.35 relating to labor traf-
ficking; section 135.65 relating to coercion;  sections  140.20,  140.25
and  140.30  relating  to  burglary;  sections 145.05, 145.10 and 145.12
relating to criminal mischief; article one  hundred  fifty  relating  to
arson;  sections  155.30,  155.35,  155.40  and 155.42 relating to grand
larceny; SECTIONS 156.10, 156.25,  156.26,  156.27,  156.30  AND  156.35
RELATING  TO  OFFENSES  INVOLVING  COMPUTERS;  sections  177.10, 177.15,
177.20 and 177.25 relating to health care  fraud;  article  one  hundred
sixty  relating  to  robbery; sections 165.45, 165.50, 165.52 and 165.54
relating to criminal possession of stolen property; sections 165.72  and
165.73  relating  to  trademark counterfeiting; sections 170.10, 170.15,
170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery;  sections
175.10,  175.25, 175.35, 175.40 and 210.40 relating to false statements;
sections 176.15, 176.20, 176.25 and 176.30 relating to insurance  fraud;
sections   178.20   and   178.25   relating  to  criminal  diversion  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00154-01-5

A. 938                              2

prescription medications and  prescriptions;  sections  180.03,  180.08,
180.15,  180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11,
200.12, 200.20, 200.22,  200.25,  200.27,  200.56,  215.00,  215.05  and
215.19;  sections 187.10, 187.15, 187.20 and 187.25 relating to residen-
tial mortgage fraud, sections 190.40 and  190.42  relating  to  criminal
usury;  section  190.65  relating  to schemes to defraud; SECTION 190.76
RELATING TO CRIMINAL USE OF AN ACCESS DEVICE;  SECTIONS  190.79,  190.80
AND  190.80-A  RELATING  TO  IDENTITY  THEFT; SECTIONS 190.82 AND 190.83
RELATING TO UNLAWFUL POSSESSION OF PERSONAL IDENTIFICATION  INFORMATION;
SECTION  190.86 RELATING TO UNLAWFUL POSSESSION OF A SKIMMER DEVICE; any
felony defined in article four hundred ninety-six; sections  205.60  and
205.65  relating  to hindering prosecution; sections 210.10, 210.15, and
215.51 relating to perjury and  contempt;  section  215.40  relating  to
tampering  with  physical  evidence;  sections  220.06,  220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,  220.55,
220.60,  220.65  and  220.77 relating to controlled substances; sections
225.10 and 225.20 relating to gambling;  sections  230.25,  230.30,  and
230.32  relating  to  promoting prostitution; section 230.34 relating to
sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 relating  to
obscenity;  sections  263.10  and  263.15 relating to promoting a sexual
performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
265.13 and the provisions of section 265.10 which  constitute  a  felony
relating  to  firearms  and other dangerous weapons; sections 265.14 and
265.16 relating to criminal sale of a firearm; section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2015-A938A (ACTIVE) - Details

See Senate Version of this Bill:: S1301
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §460.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7862
2013-2014: A3819, S40
2017-2018: S468

2015-A938A (ACTIVE) - Summary

2015-A938A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 938--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to including certain computer
  offenses, criminal use of an access device, identity theft and  unlaw-
  ful  possession  of  personal  identification information or a skimmer
  device within the definition of "criminal act" for purposes of  enter-
  prise corruption

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of  section  460.10  of  the
penal  law, as amended by chapter 368 of the laws of 2015, is amended to
read as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
labor trafficking; section 135.65 relating to coercion; sections 140.20,
140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
145.12 relating to criminal mischief; article one hundred fifty relating
to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
larceny;  SECTIONS  156.10,  156.25,  156.26,  156.27, 156.30 AND 156.35
RELATING TO  OFFENSES  INVOLVING  COMPUTERS;  sections  177.10,  177.15,
177.20  and  177.25  relating  to health care fraud; article one hundred
sixty relating to robbery; sections 165.45, 165.50,  165.52  and  165.54
relating  to criminal possession of stolen property; sections 165.72 and
165.73 relating to trademark counterfeiting;  sections  170.10,  170.15,
170.25,  170.30, 170.40, 170.65 and 170.70 relating to forgery; sections
175.10, 175.25, 175.35, 175.40 and 210.40 relating to false  statements;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00154-03-6

A. 938--A                           2

sections  176.15, 176.20, 176.25 and 176.30 relating to insurance fraud;
sections  178.20  and  178.25  relating   to   criminal   diversion   of
prescription  medications  and  prescriptions;  sections 180.03, 180.08,
180.15,  180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11,
200.12, 200.20, 200.22,  200.25,  200.27,  200.56,  215.00,  215.05  and
215.19;  sections 187.10, 187.15, 187.20 and 187.25 relating to residen-
tial mortgage fraud, sections 190.40 and  190.42  relating  to  criminal
usury;  section  190.65  relating  to schemes to defraud; SECTION 190.76
RELATING TO CRIMINAL USE OF AN ACCESS DEVICE;  SECTIONS  190.79,  190.80
AND  190.80-A  RELATING  TO  IDENTITY  THEFT; SECTIONS 190.82 AND 190.83
RELATING TO UNLAWFUL POSSESSION OF PERSONAL IDENTIFICATION  INFORMATION;
SECTION  190.86 RELATING TO UNLAWFUL POSSESSION OF A SKIMMER DEVICE; any
felony defined in article four hundred ninety-six; sections  205.60  and
205.65  relating  to hindering prosecution; sections 210.10, 210.15, and
215.51 relating to perjury and  contempt;  section  215.40  relating  to
tampering  with  physical  evidence;  sections  220.06,  220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,  220.55,
220.60,  220.65  and  220.77 relating to controlled substances; sections
225.10 and 225.20 relating to gambling;  sections  230.25,  230.30,  and
230.32  relating  to  promoting prostitution; section 230.34 relating to
sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 relating  to
obscenity;  sections  263.10  and  263.15 relating to promoting a sexual
performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
265.13 and the provisions of section 265.10 which  constitute  a  felony
relating  to  firearms  and other dangerous weapons; sections 265.14 and
265.16 relating to criminal sale of a firearm; section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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