S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5222
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 the crimes  of  commercial
   bribery  and  larceny;  and  to  amend  the criminal procedure law, in
   relation to jurisdiction for personal  identifying  information  theft
   crimes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 180.03 of the penal law, as amended by chapter  577
 of the laws of 1983, is amended to read as follows:
 § 180.03 Commercial bribing in the first degree.
   A  person  is guilty of commercial bribing in the first degree when he
 OR SHE confers, or offers or agrees to  confer,  any  benefit  upon  any
 employee, agent or fiduciary without the consent of the latter's employ-
 er or principal, with intent to influence his OR HER conduct in relation
 to  his  OR HER employer's or principal's affairs, and when the value of
 the benefit conferred or offered or agreed to be conferred  exceeds  one
 thousand  dollars [and causes economic harm to the employer or principal
 in an amount exceeding two hundred fifty dollars].
   Commercial bribing in the first degree is a class E felony.
   § 2. Section 180.08 of the penal law, as amended by chapter 577 of the
 laws of 1983, is amended to read as follows:
 § 180.08 Commercial bribe receiving in the first degree.
   An employee, agent or fiduciary is guilty of commercial bribe  receiv-
 ing in the first degree when, without the consent of his OR HER employer
 or  principal, he OR SHE solicits, accepts or agrees to accept any bene-
 fit from another person upon an agreement  or  understanding  that  such
 benefit  will  influence  his  OR  HER conduct in relation to his OR HER
 employer's or principal's affairs, and when the  value  of  the  benefit
 solicited,  accepted  or  agreed  to  be  accepted  exceeds one thousand

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06185-02-9
              

 S. 5222                             2
 
 dollars [and causes economic harm to the employer  or  principal  in  an
 amount exceeding two hundred fifty dollars].
   Commercial bribe receiving in the first degree is a class E felony.
   §  3. Section 155.00 of the penal law, subdivisions 1 and 8 as amended
 by chapter 514 of the laws of 1986, subdivision 6 as  added  by  chapter
 791  of  the  laws of 1967, subdivision 7 as added by chapter 115 of the
 laws of 1969, subdivision 7-a as added by chapter 556  of  the  laws  of
 1987, subdivision 7-b as added by chapter 81 of the laws of 1995, subdi-
 vision  7-c  as amended by chapter 171 of the laws of 1993, and subdivi-
 sion 9 as added by chapter 530 of the laws of 1975, is amended  to  read
 as follows:
 § 155.00 Larceny; definitions of terms.
   The following definitions are applicable to this title:
   1.  "Property"  means  any  money,  personal  property, real property,
 computer data, computer program, PERSONAL IDENTIFYING INFORMATION, thing
 in action, evidence of debt or contract, or any  article,  substance  or
 thing of value, including any gas, steam, water or electricity, which is
 provided for a charge or compensation.
   2.  "Obtain"  includes, but is not limited to, the bringing about of a
 transfer or purported transfer of property or of a legal interest there-
 in, whether to the obtainer or another.  WITH REGARD TO PERSONAL IDENTI-
 FYING INFORMATION, COMPUTER DATA OR A COMPUTER PROGRAM, OBTAIN  INCLUDES
 DUPLICATING,  RECORDING, COPYING, DOWNLOADING, UPLOADING OR PRINTING OUT
 THE INFORMATION, DATA,  OR  PROGRAM,  OR  OBTAINING  A  PHYSICAL  OBJECT
 CONTAINING  SUCH INFORMATION.   WITH REGARD TO SERVICE, OBTAIN INCLUDES,
 BUT IS NOT LIMITED TO, USING OR ACCESSING A SERVICE.
   3. "Deprive." To "deprive" another of property means (a)  to  withhold
 it  or  cause  it  to  be withheld from him OR HER permanently or for so
 extended a period or under such circumstances that the major portion  of
 its  economic  value or benefit is lost to him OR HER, or (b) to dispose
 of the property in such manner or under such circumstances as to  render
 it unlikely that an owner will recover such property.  WHEN THE PROPERTY
 IS  PERSONAL  IDENTIFYING  INFORMATION,  COMPUTER  DATA  OR  A  COMPUTER
 PROGRAM, TO DEPRIVE ANOTHER OF IT MEANS TO OBTAIN IT OR  CAUSE  A  THIRD
 PERSON  TO OBTAIN IT UNDER SUCH CIRCUMSTANCES THAT A SUBSTANTIAL PORTION
 OF THE ECONOMIC BENEFIT OR VALUE OF HAVING CONTROL OVER IT OR  AUTHORITY
 OVER  ITS  USE  IS LOST TO AN OWNER. TO DEPRIVE ANOTHER OF SERVICE IS TO
 USE OR ACCESS A SERVICE OR CAUSE A THIRD  PERSON  TO  USE  OR  ACCESS  A
 SERVICE  UNDER  SUCH  CIRCUMSTANCES THAT SOME OF THE ECONOMIC BENEFIT OR
 VALUE OF HAVING CONTROL OR AUTHORITY OVER PROVIDING THE SERVICE IS  LOST
 TO AN OWNER.
   4. "Appropriate." To "appropriate" property of another to oneself or a
 third  person  means  (a) to exercise control over it, or to aid a third
 person to exercise control over it, permanently or  for  so  extended  a
 period  or  under  such circumstances as to acquire the major portion of
 its economic value or benefit, or (b) to dispose of the property for the
 benefit of oneself or a third person.   WHEN THE  PROPERTY  IS  PERSONAL
 IDENTIFYING INFORMATION, COMPUTER DATA OR A COMPUTER PROGRAM OF ANOTHER,
 TO  APPROPRIATE IT TO ONESELF OR A THIRD PERSON MEANS TO OBTAIN IT UNDER
 SUCH CIRCUMSTANCES AS TO ACQUIRE THE ABILITY TO USE IT OR DISPOSE OF  IT
 TO  THE ECONOMIC BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC
 DETRIMENT OR DAMAGE OF AN OWNER. TO APPROPRIATE A  SERVICE  PROVIDED  BY
 ANOTHER  TO ONESELF OR A THIRD PERSON MEANS TO USE OR ACCESS THE SERVICE
 UNDER SUCH CIRCUMSTANCES AS TO ACQUIRE THE ABILITY  TO  USE  IT  TO  THE
 ECONOMIC  BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC DETRI-
 MENT OR DAMAGE OF AN OWNER.

 S. 5222                             3
 
   5. "Owner." When property OR SERVICE is taken, obtained or withheld by
 one person from another person, an "owner" thereof means any person  who
 has  a  right  to  possession  [thereof]  OF  THE PROPERTY OR A RIGHT TO
 PROVIDE THE SERVICE superior to that of the taker, obtainer or withhold-
 er.
   A  person  who has obtained possession of property OR SERVICE by theft
 or other illegal means shall be deemed to have a right of possession  OF
 THE  PROPERTY  OR  A  RIGHT TO PROVIDE THE SERVICE superior to that of a
 person who takes, obtains or withholds it from him OR HER  by  larcenous
 means.
   A  joint  or  common  owner  of property shall not be deemed to have a
 right of possession thereto superior to  that  of  any  other  joint  or
 common owner thereof.
   In  the  absence  of a specific agreement to the contrary, a person in
 lawful possession of property  shall  be  deemed  to  have  a  right  of
 possession  superior to that of a person having only a security interest
 therein, even if legal title lies with the holder of the security inter-
 est pursuant to a conditional sale contract or other security agreement.
   6. "Secret scientific material" means a sample, culture,  micro-organ-
 ism,  specimen,  record, recording, document, drawing or any other arti-
 cle,  material,  device  or  substance  which  constitutes,  represents,
 evidences,  reflects,  or  records  a  scientific  or technical process,
 invention or formula or any part or phase thereof, and which 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 when  it  accords  or
 may  accord  such  rightful  possessors an advantage over competitors or
 other persons who do not have knowledge or the benefit thereof.
   7. ["Credit card" means any instrument or article defined as a  credit
 card in section five hundred eleven of the general business law.
   7-a.  "Debit  card" means any instrument or article defined as a debit
 card in section five hundred eleven of the general business law.
   7-b. "Public benefit card" means any  medical  assistance  card,  food
 stamp  assistance card, public assistance card, or any other identifica-
 tion, authorization card or electronic access device issued by the state
 or a social services district as defined in subdivision seven of section
 two of the social services law, which entitles a person to obtain public
 assistance benefits under a local, state or federal program administered
 by the state, its political subdivisions or social services districts.
   7-c. "Access device" means any telephone calling card  number,  credit
 card  number,  account  number, mobile identification number, electronic
 serial number or personal identification number  that  can  be  used  to
 obtain  telephone  service.]  "PERSONAL IDENTIFYING INFORMATION" MEANS A
 PERSON'S DATE OF BIRTH, DRIVER'S LICENSE NUMBER, SOCIAL SECURITY NUMBER,
 PERSONAL IDENTIFICATION NUMBER, 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, RETINAL IMAGE OR IRIS IMAGE, TELEPHONE CALL-
 ING 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 CONJUNCTION WITH  OTHER
 SUCH  INFORMATION  TO  ASSUME  THE  IDENTITY OF ANOTHER PERSON OR ACCESS
 FINANCIAL RESOURCES OR CREDIT OF ANOTHER PERSON, OR ANY PHYSICAL  OBJECT

 S. 5222                             4
 
 CONTAINING SUCH INFORMATION, SUCH AS A PRINTOUT OR OTHER WRITTEN MATERI-
 AL,  DRIVER'S  LICENSE  OR OTHER IDENTITY CARD, CREDIT CARD, DEBIT CARD,
 PUBLIC BENEFIT CARD, AUTOMATED TELLER OR OTHER  TRANSACTIONAL  CARD,  OR
 COMPUTER, HARD DRIVE, OR OTHER DATA STORAGE DEVICE. IN THIS SUBDIVISION,
 "PERSON"  HAS ALL THE MEANINGS SET FORTH IN SUBDIVISION SEVEN OF SECTION
 10.00 OF THIS CHAPTER; "ELECTRONIC SIGNATURE" HAS THE  MEANING  PROVIDED
 IN SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLO-
 GY  LAW;  "CREDIT  CARD"  AND "DEBIT CARD" HAVE THE MEANINGS PROVIDED IN
 SECTION FIVE HUNDRED ELEVEN OF THE GENERAL BUSINESS LAW; "PUBLIC BENEFIT
 CARD" MEANS ANY MEDICAL ASSISTANCE CARD,  FOOD  STAMP  ASSISTANCE  CARD,
 PUBLIC  ASSISTANCE CARD, OR ANY OTHER IDENTIFICATION, AUTHORIZATION CARD
 OR ELECTRONIC ACCESS DEVICE ISSUED BY THE STATE  OR  A  SOCIAL  SERVICES
 DISTRICT  AS  DEFINED  IN SUBDIVISION SEVEN OF SECTION TWO OF THE SOCIAL
 SERVICES LAW WHICH ENTITLES A PERSON TO OBTAIN PUBLIC  ASSISTANCE  BENE-
 FITS  UNDER A LOCAL, STATE OR FEDERAL PROGRAM ADMINISTERED BY THE STATE,
 ITS POLITICAL SUBDIVISIONS OR SOCIAL SERVICES DISTRICTS.
   8. "Service" includes, but is not  limited  to,  [labor,  professional
 service,] a computer service, transportation service, TELECOMMUNICATIONS
 SERVICE,  CABLE  OR SATELLITE TELEVISION SERVICE, MICROWAVE TRANSMISSION
 SERVICE, THE SUPPLYING OF SERVICE PURSUANT TO A PUBLIC  OR  GOVERNMENTAL
 BENEFIT  PROGRAM,  INCLUDING  HOUSING AND MEDICAL CARE, THE SUPPLYING OF
 SERVICE PURSUANT TO AN INSURANCE POLICY OR  PROGRAM,  the  supplying  of
 hotel  accommodations, restaurant services, entertainment, the supplying
 of equipment for use, and the supplying of commodities of a public util-
 ity nature such as gas, electricity, steam and water. A ticket or equiv-
 alent instrument which evidences a right to receive a service is not  in
 itself  service  but constitutes property within the meaning of subdivi-
 sion one.
   9. ["Cable television service" means any and all services provided  by
 or  through  the  facilities  of  any  cable television system or closed
 circuit coaxial cable communications system, or any microwave or similar
 transmission service used in connection with any cable television system
 or other similar closed circuit coaxial  cable  communications  system.]
 "COMPUTER  PROGRAM"  MEANS  AN  ORDERED  SET  OF DATA REPRESENTING CODED
 INSTRUCTIONS OR STATEMENTS THAT, WHEN EXECUTED BY  COMPUTER,  CAUSE  THE
 COMPUTER  TO  PROCESS DATA OR DIRECT THE COMPUTER TO PERFORM ONE OR MORE
 COMPUTER OPERATIONS OR BOTH AND MAY BE IN ANY FORM,  INCLUDING  MAGNETIC
 STORAGE  MEDIA, PUNCHED CARDS, OR STORED INTERNALLY IN THE MEMORY OF THE
 COMPUTER.
   10. "COMPUTER DATA" MEANS A REPRESENTATION OF INFORMATION,  KNOWLEDGE,
 FACTS,  CONCEPTS OR INSTRUCTIONS WHICH ARE BEING PROCESSED, OR HAVE BEEN
 PROCESSED IN A COMPUTER AND MAY BE IN ANY FORM, INCLUDING MAGNETIC STOR-
 AGE MEDIA, PUNCHED CARDS, OR STORED INTERNALLY  IN  THE  MEMORY  OF  THE
 COMPUTER.
   §  4.  Paragraph (l) of subdivision 4 of section 20.40 of the criminal
 procedure law, as amended by section 3 of subpart C of part C of chapter
 97 of the laws of 2011, is amended to read as follows:
   (l) An offense of identity theft or unlawful  possession  of  personal
 identifying  information, AND ANY OTHER OFFENSE BASED ON THE ALLEGATIONS
 UNDERLYING EITHER OF THOSE OFFENSES, and all criminal acts committed  as
 part  of  the same criminal transaction as defined in subdivision two of
 section 40.10 of this chapter may be prosecuted (i)  in  any  county  in
 which part of the offense took place regardless of whether the defendant
 was  actually present in such county, or (ii) in the county in which the
 person who suffers financial loss resided at the time of the  commission
 of  the  offense, or (iii) in the county where the person whose personal

 S. 5222                             5
 
 identifying information was  used  in  the  commission  of  the  offense
 resided  at  the time of the commission of the offense. The law enforce-
 ment agency of any such county shall take a police report of the  matter
 and provide the complainant with a copy of such report at no charge.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.