NY State Senate Bill 2015-S6893

Senate Bill S6893

2015-2016 Legislative Session

Relates to creating a criminal penalty for automated ticket purchasing software in the first and second degree

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2016	referred to codes

2015-S6893 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§165.75 & 165.76, Pen L

2015-S6893 (ACTIVE) - Summary

Relates to creating a criminal penalty for automated ticket purchasing software in the first and second degree.

2015-S6893 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6893

 TITLE OF BILL :  An act to amend the penal law, in relation to
creating a criminal penalty for automated ticket purchasing software
in the first and second degrees

 PURPOSE OR GENERAL IDEA OF BILL :

This bill will create criminal penalties for using a computer "bot" to
purchase tickets.

 SUMMARY OF SPECIFIC PROVISIONS :

1. Adds a new section to the penal law 165.75, using automated ticket
purchasing software is a Class A misdemeanor.

2. Adds a new section to the penal law 165.76, having an interest or
control of automated ticket purchasing software is a Class E felony.

3. Effective date.

 JUSTIFICATION :

This legislation will protect New York State consumers and allow for a
fair and competitive market for the sale of tickets. The use of
automated ticket purchasing software restrict the market availability

for the average individual and cause significantly higher prices for
consumers.

Using so-called computer "bots" provides an unfair advantage over
ordinary individuals by bypassing ticket websites security features.
Using and owning a "bot" to purchase tickets is already illegal.
However, current law provides for only monetary penalties for using
and owning automated ticketing purchasing software. Adding criminal
penalties and potential jail time to these crimes will deter
individuals from using such software.

In recent years, individuals have been creating and using automated
ticket purchasing software or "bots" to bypass security features and
purchase tickets in mass quantities for resale at highly inflated
prices. In fact, it is not unusual for certain concerts and events to
be completely "sold out" in a few minutes. Owners and users of this
ticket purchasing software then collect huge profits and limit the
availability of tickets purchased through the normal process. Tickets
for all types of events, such as concerts, plays, and sporting events,
have been subject to abuse by the "bot" users.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
After the 60th day it shall have become law

2015-S6893 (ACTIVE) - Bill Text download pdf

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

                                  6893

                            I N  S E N A T E

                              March 3, 2016
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to creating a criminal penal-
  ty for automated ticket purchasing software in the  first  and  second
  degrees

  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 a new section 165.75  to
read as follows:
S 165.75 AUTOMATED TICKET PURCHASING SOFTWARE IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  AUTOMATED TICKET PURCHASING SOFTWARE IN THE
SECOND DEGREE  WHEN  HE  OR  SHE  KNOWINGLY  UTILIZES  AUTOMATED  TICKET
PURCHASING  SOFTWARE  IN  ORDER  TO BYPASS SECURITY MEASURES TO PURCHASE
TICKETS.
  AUTOMATED TICKET PURCHASING SOFTWARE IN THE SECOND DEGREE IS A CLASS A
MISDEMEANOR.
  S 2. The penal law is amended by adding a new section 165.76  to  read
as follows:
S 165.76 AUTOMATED TICKET PURCHASING SOFTWARE IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF  AUTOMATED TICKET PURCHASING SOFTWARE IN THE
FIRST DEGREE WHEN HE OR SHE INTENTIONALLY MAINTAINS ANY INTEREST  IN  OR
MAINTAINS  ANY  CONTROL  OF THE OPERATION OF AUTOMATED TICKET PURCHASING
SOFTWARE TO BYPASS SECURITY MEASURES TO PURCHASE TICKETS.
  AUTOMATED TICKET PURCHASING SOFTWARE IN THE FIRST DEGREE IS A CLASS  E
FELONY.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14308-01-6

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