S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1693
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 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]
 SUCH PERSON 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] conduct in relation to
 [his] THE employer's or principal's affairs, and when the value  of  the
 benefit conferred or offered or agreed to be conferred exceeds one thou-
 sand  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] employer or
 principal, [he] SUCH PERSON solicits, accepts or agrees  to  accept  any
 benefit from another person upon an agreement or understanding that such
 benefit  will influence [his] conduct in relation to [his] THEIR employ-
 er's or principal's affairs, and when the value of the benefit  solicit-
 ed,  accepted or agreed to be accepted exceeds one thousand dollars [and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03904-01-5
 S. 1693                             2
              

 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. Subdivisions 1, 2, 3, 4, 5, 6, 7, 7-c, 8 and 9 of section 155.00
 of the penal law, subdivision 1 as amended by chapter 353 of the laws of
 2023, subdivision 6 as added by chapter 791 of the laws of 1967,  subdi-
 vision 7 as added by chapter 115 of the laws of 1969, subdivision 7-c as
 amended  by chapter 171 of the laws of 1993, subdivision 8 as amended by
 chapter 514 of the laws of 1986 and subdivision 9 as  added  by  chapter
 530  of  the laws of 1975, are amended and a new subdivision 17 is added
 to read as follows:
   1. "Property" means any money, compensation  for  labor  or  services,
 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] SUCH PERSON 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 (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. 1693                             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]  SUCH  PERSON  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 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-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
 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
 S. 1693                             4
 
 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 OF THIS SECTION.
   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.
   17. "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
 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.