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

                                   955

                       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  and  the criminal procedure law, in
  relation to computer crimes and obscenities

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

  Section  1. The penal law is amended by adding two new sections 156.41
and 156.42 to read as follows:
S 156.41 CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE SECOND  DEGREE
WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ENCRYPTION TO:
  1.  COMMIT,  FURTHER,  FACILITATE  OR  PROMOTE  CONDUCT CONSTITUTING A
CRIME;
  2. CONCEAL THE COMMISSION OF ANY CRIME;
  3. CONCEAL OR PROTECT THE IDENTITY OF A PERSON WHO HAS  COMMITTED  ANY
CRIME; OR
  4.  PREVENT, IMPEDE, DELAY OR DISRUPT THE NORMAL OPERATION OR USE OF A
COMPUTER, COMPUTER PROGRAM OR COMPUTER SYSTEM.
  CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
NOR.
S 156.42 CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE  FIRST  DEGREE
WHEN  HE  OR  SHE COMMITS THE CRIME OF CRIMINAL USE OF ENCRYPTION IN THE
SECOND DEGREE AND HE OR SHE:
  1. DOES SO WITH AN INTENT TO COMMIT OR ATTEMPT TO  COMMIT  OR  FURTHER
THE COMMISSION OF A FELONY;
  2. DOES SO WITH AN INTENT TO CONCEAL THE COMMISSION OF ANY FELONY;
  3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS
COMMITTED ANY FELONY; OR
  4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.
  CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE IS A CLASS E FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02701-01-5
              

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  S 2. Section 156.00 of the penal law is amended by adding a new subdi-
vision 10 to read as follows:
  10.  "ENCRYPTION"  MEANS ANY PROTECTIVE OR DISRUPTIVE MEASURE, INCLUD-
ING, WITHOUT LIMITATION, CRYPTOGRAPHY, ENCIPHERING OR ENCODING, WHICH:
  (A) CAUSES OR MAKES ANY DATA, INFORMATION, IMAGE, PROGRAM,  SIGNAL  OR
SOUND UNINTELLIGIBLE OR UNUSABLE; OR
  (B) PREVENTS, IMPEDES, DELAYS OR DISRUPTS ACCESS TO ANY DATA, INFORMA-
TION, IMAGE, PROGRAM, SIGNAL OR SOUND.
  S 3. Section 215.35 of the penal law is amended to read as follows:
S 215.35 Tampering with physical evidence; definitions of terms.
  The following definitions are applicable to section 215.40:
  1.  "Physical  evidence"  means any article, object, document, record,
PROPERTY OF ANY KIND, or other thing of physical substance [which is  or
is  about to be produced or used as evidence in an official proceeding],
INCLUDING BUT NOT  LIMITED  TO  COMPUTER  PROGRAMS,  COMPUTER  DATA  AND
COMPUTER SERVICES AS DEFINED IN SECTION 156.00 OF THIS PART.
  2. "Official proceeding" means any action or proceeding, INVESTIGATION
OR INQUIRY conducted by or before a legally constituted judicial, legis-
lative,  administrative  or  other  governmental  agency or official, in
which evidence may properly be received OR GATHERED.
  3. "ENCRYPTION" MEANS ANY PROTECTIVE OR DISRUPTIVE MEASURE,  INCLUDING
BUT  NOT  LIMITED  TO  CRYPTOGRAPHY, ENCIPHERING OR ENCODING, WHICH: (A)
CAUSES OR MAKES ANY DATA, INFORMATION, IMAGE, PROGRAM, SIGNAL  OR  SOUND
UNINTELLIGIBLE OR UNUSABLE; OR (B) PREVENTS, IMPEDES, DELAYS OR DISRUPTS
ACCESS TO ANY DATA, INFORMATION, IMAGE, PROGRAM, SIGNAL OR SOUND.
  S 4. Section 215.40 of the penal law is amended to read as follows:
S 215.40 Tampering with physical evidence.
  A person is guilty of tampering with physical evidence when:
  1.  With intent that it be used or introduced in, OR BELIEVING THAT IT
HAS BEEN REQUESTED OR MAY BE GATHERED DURING OR PURSUANT TO an  official
proceeding  or  a prospective official proceeding, [he] SUCH PERSON: (a)
knowingly makes, devises or prepares false  physical  evidence,  or  (b)
produces  or  offers such evidence at such a proceeding knowing it to be
false; or
  2. Believing that certain physical evidence [is about to] HAS BEEN  OR
MAY  be REQUESTED, GATHERED, produced or used in OR PURSUANT TO an offi-
cial proceeding or a prospective official proceeding, and  intending  to
prevent  such  production  or use, [he] SUCH PERSON suppresses it by any
act of concealment, alteration, ENCRYPTION or destruction, or by employ-
ing force, intimidation or deception against any person.
  3. NO ELECTRONIC COMMUNICATIONS SERVICE OR REMOTE  COMPUTING  SERVICE,
AS  DEFINED  UNDER  THE  FEDERAL  ELECTRONIC COMMUNICATIONS PRIVACY ACT,
WHICH IS ACTING WITHIN THE ORDINARY COURSE OF BUSINESS, SHALL  BE  OBLI-
GATED TO RETAIN CUSTOMER INFORMATION AND/OR CONTENT UNLESS IN RECEIPT OF
AN OFFICIAL REQUEST TO RETAIN PHYSICAL EVIDENCE.
  Tampering with physical evidence is a class [E] D felony.
  S  5.  The penal law is amended by adding a new article 495 to read as
follows:
                               ARTICLE 495
                  COMPUTER SEX CRIMES AGAINST CHILDREN

SECTION 495.00 COMPUTER SEX CRIMES.
        495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
S 495.00 COMPUTER SEX CRIMES.
  1. A PERSON COMMITS A COMPUTER SEX CRIME WHEN HE OR SHE COMMITS A  SEX
CRIME  AGAINST A CHILD AND FACILITATED THE COMMISSION OF SUCH OFFENSE BY

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USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE  TO  COMMUNI-
CATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED.
  2. A "SEX CRIME AGAINST A CHILD" MEANS A FELONY OFFENSE (A) THE ESSEN-
TIAL ELEMENTS OF WHICH INCLUDE THE COMMISSION OR ATTEMPTED COMMISSION OF
SEXUAL  CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS
CHAPTER, OR THE USE OR PROMOTION OF A SEXUAL OR OBSCENE SEXUAL  PERFORM-
ANCE,  AS  DEFINED  IN  SECTION 263.00 OF THIS CHAPTER, (B) COMMITTED OR
ATTEMPTED TO BE COMMITTED AGAINST A CHILD LESS THAN SEVENTEEN YEARS OLD.
S 495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
  1. WHEN A PERSON IS CONVICTED OF A  COMPUTER  SEX  CRIME  PURSUANT  TO
SECTION 495.00 OF THIS ARTICLE, AND THE UNDERLYING CRIME AGAINST A CHILD
IS  A  VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS CHAP-
TER, THE COMPUTER SEX CRIME SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
  2. WHEN A PERSON IS CONVICTED OF A  COMPUTER  SEX  CRIME  PURSUANT  TO
SECTION  495.00  OF THIS ARTICLE, AND THE UNDERLYING SEX CRIME AGAINST A
CHILD IS A CLASS C, D OR E FELONY,  THE  COMPUTER  SEX  CRIME  SHALL  BE
DEEMED  TO BE ONE CATEGORY HIGHER THAN THE SEX CRIME AGAINST A CHILD THE
DEFENDANT COMMITTED, OR ONE  CATEGORY  HIGHER  THAN  THE  OFFENSE  LEVEL
APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
COMMIT A SEX CRIME AGAINST A CHILD, WHICHEVER IS APPLICABLE.
  3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO  SECTION  495.00  OF  THIS
ARTICLE  AND THE UNDERLYING SEX CRIME AGAINST A CHILD IS A CLASS B FELO-
NY:
  (A) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
  (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
AND
  (C)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
THIS CHAPTER.
  S  6. Subdivisions 4 and 7 of section 200.50 of the criminal procedure
law, subdivision 4 as amended by section 15 of subpart A of  part  H  of
chapter 55 of the laws of 2014 and subdivision 7 as amended by chapter 7
of the laws of 2007, are amended to read as follows:
  4.  A statement in each count that the grand jury, or, where the accu-
satory instrument is a superior court information, the  district  attor-
ney,  accuses  the  defendant  or  defendants  of  a designated offense,
provided that in any prosecution under article four hundred  eighty-five
of the penal law, the designated offense shall be the specified offense,
as  defined  in  subdivision  three  of section 485.05 of the penal law,
followed by the phrase "as a hate crime", and provided further  that  in
any  prosecution  under  section 490.25 of the penal law, the designated
offense shall be the specified offense, as defined in subdivision  three
of  section  490.05 of the penal law, followed by the phrase "as a crime
of terrorism"; and  provided  further  that  in  any  prosecution  under
section  130.91  of  the  penal law, the designated offense shall be the
specified offense, as defined in subdivision two of  section  130.91  of
the  penal law, followed by the phrase "as a sexually motivated felony";
and provided further that in  any  prosecution  under  section  [496.06]
495.00  of the penal law, the designated offense shall be the [specified
offense, as defined in subdivision two of such section, followed by  the
phrase  "as  a  public corruption crime"] UNDERLYING SEX CRIME AGAINST A
CHILD, AS DEFINED IN SUBDIVISION TWO OF SECTION 495.00 OF THE PENAL LAW,
FOLLOWED BY THE PHRASE "AS A COMPUTER SEX CRIME"; and

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  7. A plain and concise factual statement in each count which,  without
allegations of an evidentiary nature,
  (a)  asserts facts supporting every element of the offense charged and
the defendant's or defendants' commission thereof with sufficient preci-
sion to clearly apprise the defendant or defendants of the conduct which
is the subject of the accusation; and
  (b) in the case of any armed felony, as defined in subdivision  forty-
one  of  section  1.20,  states that such offense is an armed felony and
specifies  the  particular  implement  the   defendant   or   defendants
possessed,  were  armed  with,  used  or displayed or, in the case of an
implement displayed, specifies what the implement appeared to be; and
  (c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the  defendant  or  defendants
intentionally selected the person against whom the offense was committed
or  intended to be committed; or intentionally committed the act or acts
constituting the offense, in whole or in substantial part because  of  a
belief  or perception regarding the race, color, national origin, ances-
try, gender, religion, religious practice,  age,  disability  or  sexual
orientation of a person; and
  (d)  in the case of a crime of terrorism, as defined in section 490.25
of the penal law,  specifies,  as  applicable,  that  the  defendant  or
defendants  acted  with  intent to intimidate or coerce a civilian popu-
lation, influence the policy of a unit of government by intimidation  or
coercion,  or  affect  the  conduct  of  a unit of government by murder,
assassination or kidnapping; and
  (e) in the case of a sexually motivated felony, as defined in  section
130.91  of  the  penal law, asserts facts supporting the allegation that
the offense was sexually motivated; and
  (F) IN THE CASE OF A COMPUTER SEX CRIME, AS DEFINED IN SUBDIVISION ONE
OF SECTION 495.00 OF THE PENAL LAW, SPECIFIES, AS APPLICABLE,  THAT  THE
DEFENDANT  OR  DEFENDANTS  FACILITATED  THE  COMMISSION  OF  A SEX CRIME
AGAINST A CHILD, AS DEFINED IN SUBDIVISION TWO OF SUCH  SECTION  495.00,
BY  USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE TO COMMU-
NICATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED; AND
  S 7. Paragraph (c) of subdivision 5 of section  156.00  of  the  penal
law, as amended by chapter 558 of the laws of 2006, is amended and a new
paragraph (d) is added to read as follows:
  (c)  is  not  and is not intended to be available to anyone other than
the person or persons  rightfully  in  possession  thereof  or  selected
persons  having  access thereto with his, her or their consent and which
accords or may accord such rightful possessors an advantage over compet-
itors or other persons who do not have knowledge or the  benefit  there-
of[.]; OR
  (D) CONTAINS RECORDS OF THE EMPLOYMENT, SALARY, CREDIT OR OTHER FINAN-
CIAL OR PERSONAL INFORMATION RELATING TO ANOTHER PERSON AND SUCH RECORDS
ARE ACCESSED AFTER THE TIME AT WHICH A PERSON KNOWS OR REASONABLY SHOULD
KNOW  THAT  HE  OR  SHE IS WITHOUT AUTHORIZATION TO VIEW THE INFORMATION
DISPLAYED.
  S 8. Subdivision 2 of section 156.10 of the penal law, as  amended  by
chapter 558 of the laws of 2006, is amended to read as follows:
  2.  he  or she thereby knowingly gains access to computer material[.];
OR
  S 9. Section 156.10 of the penal law is amended by adding a new subdi-
vision 3 to read as follows:
  3. HE OR SHE GAINS ACCESS TO SUCH  COMPUTER  OR  COMPUTER  SERVICE  BY
USING A CARD, CODE OR OTHER MEANS OF ACCESS, OR ANY COMBINATION THEREOF,

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THAT  HE OR SHE KNOWS TO BE FORGED OR STOLEN, OR THROUGH USE OF A FICTI-
TIOUS IDENTITY.
  S  10.  The  opening  paragraph of section 156.20 of the penal law, as
amended by chapter 558 of the laws  of  2006,  is  amended  to  read  as
follows:
  A  person is guilty of computer tampering in the fourth degree when he
or she uses, causes  to  be  used,  or  accesses  a  computer,  computer
service,  or computer network without authorization and he or she inten-
tionally alters in any manner or destroys, DAMAGES OR CONCEALS  computer
data or a computer program of another person.
  S  11.  Subdivisions  3  and  4 of section 156.25 of the penal law, as
amended by chapter 89 of the laws  of  1993,  are  amended  to  read  as
follows:
  3.  [he]  SUCH  PERSON intentionally alters in any manner or destroys,
DAMAGES OR CONCEALS computer material; or
  4. [he] SUCH PERSON intentionally alters in any  manner  or  destroys,
DAMAGES  OR  CONCEALS computer data or a computer program so as to cause
damages in an aggregate amount exceeding one thousand dollars.
  S 12. Section 156.26 of the penal law, as amended by  chapter  590  of
the laws of 2008, is amended to read as follows:
S 156.26 Computer tampering in the second degree.
  A  person is guilty of computer tampering in the second degree when he
or she commits the crime of computer tampering in the fourth degree  and
he  or  she  intentionally  alters in any manner or destroys, DAMAGES OR
CONCEALS:
  1. computer data or a computer program: (A) so as to cause damages  in
an  aggregate  amount  exceeding  three thousand dollars, OR (B) DOES SO
WITH THE INTENT TO ENDANGER PUBLIC SAFETY, INCLUDING,  BUT  NOT  LIMITED
TO, INTERRUPTING OR IMPAIRING THE PROVIDING OF SERVICES BY ANY PUBLIC OR
PRIVATE  UTILITY  OR  BY ANY STATE, COUNTY OR LOCAL GOVERNMENTAL AGENCY,
PUBLIC CARRIER OR PUBLIC COMMUNICATION SERVICE; or
  2. computer material that contains records of the medical  history  or
medical treatment of an identified or readily identifiable individual or
individuals  and  as  a  result  of such alteration or destruction, such
individual or individuals suffer serious physical injury, and he or  she
is  aware  of and consciously disregards a substantial and unjustifiable
risk that such serious physical injury may occur.
  Computer tampering in the second degree is a class D felony.
  S 13. The opening paragraph of section 156.27 of  the  penal  law,  as
added by chapter 89 of the laws of 1993, is amended to read as follows:
  A person is guilty of computer tampering in the first degree when [he]
SUCH PERSON commits the crime of computer tampering in the fourth degree
and  [he]  SUCH  PERSON  intentionally alters in any manner or destroys,
DAMAGES OR CONCEALS computer data or a computer program so as  to  cause
damages in an aggregate amount exceeding fifty thousand dollars.
  S  14.  Subdivision  2 of section 115.00 of the penal law, as added by
chapter 422 of the laws of 1978, is amended to read as follows:
  2. to a person under sixteen years of age who  intends  to  engage  in
conduct  which  would  constitute  a crime, [he] SUCH PERSON, being over
eighteen years of age, engages in conduct  which  provides  such  person
with  means  or opportunity for the commission thereof and which in fact
aids such person to commit a crime[.]; OR
  S 15. Section 115.00 of the penal law  is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  TO  A  PERSON WHO INTENDS TO COMMIT A CRIME, HE ENGAGES IN CONDUCT
WHICH INCLUDES THE INTENTIONAL DISCLOSURE OF A COMPUTER PASSWORD,  IDEN-

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TIFYING  CODE, PERSONAL INFORMATION NUMBER, OR OTHER CONFIDENTIAL INFOR-
MATION ABOUT A COMPUTER SECURITY SYSTEM WHICH PROVIDES SUCH PERSON  WITH
MEANS  OR  OPPORTUNITY  FOR THE COMMISSION THEREOF AND IN FACT AIDS SUCH
PERSON TO COMMIT A CRIME.
  S 16. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding two new paragraphs (v) and (w) to read as follows:
  (V) COMPUTER SEX CRIMES AS DEFINED IN SECTION 495.00 OF THE PENAL LAW,
COMPUTER TRESPASS AS DEFINED IN SECTION 156.10 OF THE PENAL LAW, COMPUT-
ER  TAMPERING  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 156.25 OF THE
PENAL LAW, COMPUTER TAMPERING IN THE SECOND DEGREE AS DEFINED IN SECTION
156.26 OF THE PENAL LAW, COMPUTER  TAMPERING  IN  THE  FIRST  DEGREE  AS
DEFINED  IN  SECTION  156.27  OF  THE PENAL LAW, UNLAWFUL DUPLICATION OF
COMPUTER RELATED MATERIAL AS DEFINED IN SECTION 156.30 OF THE PENAL LAW,
CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL AS DEFINED  IN  SECTION
156.35 OF THE PENAL LAW, CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE
AS  DEFINED  IN  SECTION  156.41  OF  THE  PENAL  LAW,  CRIMINAL  USE OF
ENCRYPTION IN THE FIRST DEGREE AS DEFINED IN SECTION 156.42 OF THE PENAL
LAW AND DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS
DEFINED IN SECTION 235.22 OF THE PENAL LAW.
  (W) USE OF A CHILD IN A  SEXUAL  PERFORMANCE  AS  DEFINED  IN  SECTION
263.05  OF  THE  PENAL LAW, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD AS DEFINED IN SECTION 263.10  OF  THE  PENAL  LAW,  POSSESSING  AN
OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD AS DEFINED IN SECTION 263.11 OF
THE PENAL LAW, PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS  DEFINED  IN
SECTION  263.15  OF  THE PENAL LAW, POSSESSING A SEXUAL PERFORMANCE BY A
CHILD AS DEFINED IN SECTION 263.16 OF THE PENAL LAW.
  S 17. 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; SECTION 156.10 RELATING TO COMPUTER TRESPASS, SECTIONS  156.25,
156.26, AND 156.27 RELATING TO COMPUTER TAMPERING; SECTION 156.30 RELAT-
ING TO UNLAWFUL DUPLICATION OF COMPUTER RELATED MATERIAL; SECTION 156.35
RELATING  TO  CRIMINAL  POSSESSION OF COMPUTER RELATED MATERIAL; SECTION
156.41 RELATING TO CRIMINAL USE OF ENCRYPTION; 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
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

A. 955                              7

usury; section 190.65 relating to schemes to defraud; 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 phys-
ical  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  263.05,  263.10  [and] , 263.11, 263.15 AND 263.16 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 weap-
ons; 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 AND SECTION 495.00 RELATING TO COMPUTER SEX CRIMES; or
  S 18. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.