NY State Senate Bill 2017-S468

Senate Bill S468

2017-2018 Legislative Session

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

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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 30, 2018	referred to codes delivered to assembly passed senate
Jan 16, 2018	advanced to third reading
Jan 09, 2018	2nd report cal.
Jan 08, 2018	1st report cal.76
Jan 03, 2018	referred to codes returned to senate died in assembly
Mar 13, 2017	referred to codes delivered to assembly passed senate
Feb 13, 2017	advanced to third reading
Feb 07, 2017	2nd report cal.
Feb 06, 2017	1st report cal.156
Jan 04, 2017	referred to codes

Votes

- Jan 30, 2018 - Floor Vote
  S468
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 30, 2018
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Montgomery
      
      Serrano
  Mar 13, 2017 - Floor Vote
  S468
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 13, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Dilan
  Jan 8, 2018 - Codes Committee Vote
  S468
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 8, 2018
      
      aye (16)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco
  Feb 6, 2017 - Codes Committee Vote
  S468
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Feb 6, 2017
      
      aye (16)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Perkins
      
      Savino
      
      Squadron
      
      Tedisco
      
      excused (1)
      
      Croci

co-Sponsors

2017-S468 (ACTIVE) - Details

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: S40
2015-2016: S1301

2017-S468 (ACTIVE) - 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.

2017-S468 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S468

 TITLE OF BILL :

An act to amend the penal law, in relation to including certain
computer offenses, criminal use of an access device, identity theft
and unlawful possession of personal identification information or a
skimmer device within the definition of "criminal act" for purposes of
enterprise corruption

 PURPOSE :

Updates New York State's Enterprise Corruption Statute, which is used
to prosecute gangs and organized crime syndicates, by including
increasingly common white-collar fraud and technology crimes.

 SUMMARY OF PROVISIONS :

Section 1 amends NY Penal Law § 460.10(1)(a) to include: section
156.10 relating to computer trespass; sections 156.25, 156.26, and
156.27 relating to computer tampering; section 156.30 relating to
unlawful duplication of computer related material; section 156.35
relating to Criminal possession of computer related material; 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; and section 190.86 relating to unlawful possession of a
skimmer device within the list of predicate criminal acts in the
definition section of New York's Enterprise Corruption statute.

Section 2 establishes the effective date.

 JUSTIFICATION :

According to the FBI's National Gang Intelligence Center "gangs are
becoming more involved in white-collar crime, including identity
theft, bank fraud, credit card fraud, money laundering, fencing stolen
goods, counterfeiting, and mortgage fraud, and are recruiting members
who possess those skill sets." Along with Florida, New York is one of
the twin epicenters of this troubling new development in organized
crime.

In 2011, an identity theft ring spearheaded by the Crips, Bloods, and
a Brooklyn-based gang called The Outlaws stole more than $2 million
from New York charities. In 2012, the cyber-theft of ten million
credit and debit card records was attributed to a New York City based
street gang with ties to Central America. Also in 2012, a Romanian man
with ties to organized crime was charged with stealing at least $1.5M
by installing "skimmer" devices at ATM machines across New York City
and Long Island. Along with these high profile incidents, there are
countless other such crimes, many of which go undetected.

New York law enforcement is increasingly devoting greater resources to
this new breed of organized crime and the efforts are paying
dividends. Unfortunately, the law has not kept up with its enforcers.
Despite the increasing prominence of these crimes, New York's
Enterprise Corruption statute, which targets organized crime, does not
include a wide variety of cyber and identity crimes within its
predicate felonies. In order to give law enforcement the tools they
need to crack down on organized white-collar crime, the law needs to
be updated to reflect current realities. This legislation makes the
changes necessary to bring New York's Enterprise Corruption law into
the 21st Century and give prosecutors the means to tight the unchecked
spread of new-age gang crime.


Additionally, including crimes such as identity theft in the
Enterprise Corruption statute would both provide the state with
potentially large-scale savings by eliminating duplicative legal
proceedings and protect defendants from having to be tried twice for
the same conduct. For instance, under current law, when a defendant
commits the crime of Enterprise Corruption by committing larceny
through identity theft, he must be indicted twice for the same
underlying actions-one indictment for Enterprise Corruption and
Larceny and a second indictment for the identity theft charges. This
means that a defendant gets two arrest numbers, has two indictments,
gets arraigned twice, has bail set twice (once on each indictment),
has two sets of motions, and eventually gets tried for the same
conduct not once, but twice. This also means that a defendant likely
needs to pay two retainers to defense counsel. This current system is
both inequitable to defendants and unnecessarily costly to the state.

This commonsense legislation will make it easier to go after gangs and
organized crime syndicates, save money for the state, and protect
defendants' legitimate, lawful rights.

 LEGISLATIVE HISTORY :

2015-2016-S1301A
2013-2014 - S.40 (Passed Senate)
2011-12: S.7862

 FISCAL IMPLICATIONS :

May provide significant saving to the state by eliminating duplicative
legal proceedings.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S468 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    468
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- 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 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;
 sections  176.15, 176.20, 176.25 and 176.30 relating to insurance fraud;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00060-01-7

 S. 468                              2
 
 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
   § 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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Senate Bill S468

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Sponsored By

Jose Peralta