S T A T E O F N E W Y O R K
________________________________________________________________________
4359
2017-2018 Regular Sessions
I N S E N A T E
February 10, 2017
___________
Introduced by Sen. VALESKY -- 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 identity theft and unlaw-
ful possession of personal identification information by means of
voice recording
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 190.77 of the penal law, as sepa-
rately amended by chapters 226 and 279 of the laws of 2008, is amended
to read as follows:
1. For the purposes of sections 190.78, 190.79, 190.80 and 190.80-a
and 190.85 of this article "personal identifying information" means a
person's name, address, telephone number, date of birth, driver's
license number, social security number, place of employment, mother's
maiden name, financial services account number or code, savings account
number or code, checking account number or code, brokerage account
number or code, credit card account number or code, debit card number or
code, automated teller machine number or code, taxpayer identification
number, computer system password, signature or copy of a signature,
electronic signature, unique biometric data that is a fingerprint, voice
print, VOICE RECORDING, retinal image or iris image of another person,
telephone calling card number, mobile identification number or code,
electronic serial number or personal identification number, or any other
name, number, code or information that may be used alone or in conjunc-
tion with other such information to assume the identity of another
person.
§ 2. Section 190.81 of the penal law, as added by chapter 619 of the
laws of 2002, is amended to read as follows:
§ 190.81 Unlawful possession of personal identification information in
the third degree.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09834-01-7
S. 4359 2
A person is guilty of unlawful possession of personal identification
information in the third degree when he or she knowingly possesses a
person's financial services account number or code, savings account
number or code, checking account number or code, brokerage account
number or code, credit card account number or code, debit card number or
code, automated teller machine number or code, personal identification
number, mother's maiden name, computer system password, electronic
signature or unique biometric data that is a fingerprint, voice print,
VOICE RECORDING, retinal image or iris image of another person knowing
such information is intended to be used in furtherance of the commission
of a crime defined in this chapter.
Unlawful possession of personal identification information in the
third degree is a class A misdemeanor.
§ 3. Section 190.82 of the penal law, as added by chapter 619 of the
laws of 2002, is amended to read as follows:
§ 190.82 Unlawful possession of personal identification information in
the second degree.
A person is guilty of unlawful possession of personal identification
information in the second degree when he or she knowingly possesses two
hundred fifty or more items of personal identification information of
the following nature: a person's financial services account number or
code, savings account number or code, checking account number or code,
brokerage account number or code, credit card account number or code,
debit card number or code, automated teller machine number or code,
personal identification number, mother's maiden name, computer system
password, electronic signature or unique biometric data that is a fing-
erprint, voice print, VOICE RECORDING, retinal image or iris image of
another person knowing such information is intended to be used in furth-
erance of the commission of a crime defined in this chapter.
Unlawful possession of personal identification information in the
second degree is a class E felony.
§ 4. This act shall take effect immediately.