STATE OF NEW YORK ________________________________________________________________________ 74 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law, the general business law, the state technology law and the executive law, in relation to offenses involving theft of identity; and to repeal certain provisions of the criminal procedure law and the penal law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Title K of the penal law is amended by adding a new article 2 191 to read as follows: 3 ARTICLE 191 4 OFFENSES INVOLVING THEFT OF IDENTITY 5 Section 191.00 Definitions. 6 191.05 Petit identity theft. 7 191.10 Identity theft in the fourth degree. 8 191.15 Identity theft in the third degree. 9 191.20 Identity theft in the second degree. 10 191.25 Identity theft in the first degree. 11 191.30 Unlawful possession of personal identifying information 12 in the third degree. 13 191.35 Unlawful possession of personal identifying information 14 in the second degree. 15 191.40 Unlawful possession of personal identifying information 16 in the first degree. 17 191.45 Defenses. 18 191.50 Unlawful possession of a skimmer device in the second 19 degree. 20 191.55 Unlawful possession of a skimmer device in the first 21 degree. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00123-01-5
S. 74 2 1 § 191.00 Definitions. 2 1. For the purposes of this article "personal identifying information" 3 means a person's name, address, telephone number, date of birth, driv- 4 er's license number, social security number, place of employment, moth- 5 er's maiden name, financial services account number or code, savings 6 account number or code, checking account number or code, brokerage 7 account number or code, credit card account number or code, debit card 8 number or code, automated teller machine number or code, taxpayer iden- 9 tification number, computer system password, signature or copy of a 10 signature, electronic signature, unique biometric data that is a finger- 11 print, voice print, retinal image or iris image of another person, tele- 12 phone calling card number, mobile identification number or code, elec- 13 tronic serial number or personal identification number, medical 14 information, medical insurance information, or any other name, number, 15 code or information that may be used alone or in conjunction with other 16 such information to assume the identity of another person. 17 2. For the purposes of this article: 18 (a) "electronic signature" shall have the same meaning as defined in 19 subdivision three of section three hundred two of the state technology 20 law. 21 (b) "personal identification number" means any number or code which 22 may be used alone or in conjunction with any other information to assume 23 the identity of another person or access financial resources or credit 24 of another person. 25 (c) "member of the armed forces" shall mean a person in the military 26 service of the United States or the military service of the state, 27 including but not limited to, the armed forces of the United States, the 28 army national guard, the air national guard, the New York naval militia, 29 the New York guard, and such additional forces as may be created by the 30 federal or state government as authorized by law. 31 (d) "medical information" means any information regarding an individ- 32 ual's medical history, mental or physical condition, or medical treat- 33 ment or diagnosis by a health care professional. 34 (e) "medical insurance information" means an individual's health 35 insurance policy number or subscriber identification number, any unique 36 identifier used by a health insurer to identify the individual or any 37 information in an individual's application and claims history, includ- 38 ing, but not limited to, appeals history. 39 § 191.05 Petit identity theft. 40 A person is guilty of petit identity theft when such person knowingly 41 and with intent to defraud assumes the identity of another person by 42 presenting themself as that other person, or by acting as that other 43 person or by using personal identifying information of that other 44 person, and thereby obtains goods, money, property or services or uses 45 credit in the name of such other person or causes financial loss to such 46 person or to another person or persons. 47 Petit identity theft is a class A misdemeanor. 48 § 191.10 Identity theft in the fourth degree. 49 A person is guilty of identity theft in the fourth degree when such 50 person knowingly and with intent to defraud: 51 1. assumes the identity of another person by presenting themself as 52 that other person, or by acting as that other person or by using 53 personal identifying information of that other person, and thereby: 54 (a) obtains goods, money, property or services or uses credit in the 55 name of such other person in an aggregate amount that exceeds five 56 hundred dollars; or
S. 74 3 1 (b) causes financial loss to such person or to another person or 2 persons in an aggregate amount that exceeds five hundred dollars; or 3 (c) commits or attempts to commit a felony or acts as an accessory to 4 the commission of a felony; or 5 (d) commits the crime of petit identity theft as defined in section 6 191.05 of this article and knows that such other person is a member of 7 the armed forces and that such member is presently deployed outside of 8 the continental United States; or 9 (e) commits the crime of petit identity theft as defined in section 10 191.05 of this article and knows that such other person is a vulnerable 11 elderly person as defined in subdivision three of section 260.31 of this 12 chapter, or a person who is unable to care for themself because of phys- 13 ical disability, mental disease or defect, or because such person is a 14 minor; or 15 2. assumes the identity of three or more persons by presenting them- 16 self as those other persons, or by acting as those other persons, or by 17 using personal identifying information of those other persons, and 18 thereby obtains goods, money, property or services or uses credit in the 19 name of those persons, or causes financial loss to at least one such 20 person, or to another person or persons. 21 Identity theft in the fourth degree is a class E felony. 22 § 191.15 Identity theft in the third degree. 23 A person is guilty of identity theft in the third degree when such 24 person knowingly and with intent to defraud: 25 1. assumes the identity of another person by presenting themself as 26 that other person, or by acting as that other person or by using 27 personal identifying information of that other person, and thereby: 28 (a) obtains goods, money, property or services or uses credit in the 29 name of such other person in an aggregate amount that exceeds two thou- 30 sand dollars; or 31 (b) causes financial loss to such person or to another person or 32 persons in an aggregate amount that exceeds two thousand dollars; or 33 (c) commits or attempts to commit a class D felony or higher level 34 crime or acts as an accessory to the commission of a class D or higher 35 level felony; or 36 (d) commits the crime of identity theft in the fourth degree as 37 defined in section 191.10 of this article and has been previously 38 convicted within the last five years of petit identity theft as defined 39 in section 191.05, identity theft in the fourth degree as defined in 40 section 191.10, identity theft in the third degree as defined in this 41 section, identity theft in the second degree as defined in section 42 191.20, identity theft in the first degree as defined in section 191.25, 43 unlawful possession of personal identifying information in the third 44 degree as defined in section 191.30, unlawful possession of personal 45 identifying information in the second degree as defined in section 46 191.35, unlawful possession of personal identifying information in the 47 first degree as defined in section 191.40, unlawful possession of a 48 skimmer device in the second degree as defined in section 191.50, unlaw- 49 ful possession of a skimmer device in the first degree as defined in 50 section 191.55, grand larceny in the fourth degree as defined in section 51 155.30, grand larceny in the third degree as defined in section 155.35, 52 grand larceny in the second degree as defined in section 155.40 or grand 53 larceny in the first degree as defined in section 155.42, criminal 54 possession of a forged instrument in the third degree as defined in 55 section 170.20, criminal possession of a forged instrument in the second 56 degree as defined in section 170.25, criminal possession of a forged
S. 74 4 1 instrument in the first degree as defined in section 170.30, criminal 2 possession of stolen property in the fifth degree as defined in section 3 165.40, criminal possession of stolen property in the fourth degree as 4 defined in section 165.45, criminal possession of stolen property in the 5 third degree as defined in section 165.50, criminal possession of stolen 6 property in the second degree as defined in section 165.52, criminal 7 possession of stolen property in the first degree as defined in section 8 165.54, or criminal possession of forgery devices as defined in section 9 170.40 of this chapter; or 10 (e) commits the crime of identity theft in the fourth degree as 11 defined in section 191.10 of this article and knows that such other 12 person is a member of the armed forces, and knows that such member is 13 presently deployed outside of the continental United States; or 14 (f) commits the crime of identity theft in the fourth degree as 15 defined in section 191.10 of this article and knows that such other 16 person is a vulnerable elderly person as defined in subdivision three of 17 section 260.31 of this chapter, or a person who is unable to care for 18 themself because of physical disability, mental disease or defect, or 19 because such person is a minor; or 20 2. assumes the identity of ten or more persons by presenting themself 21 as those other persons, or by acting as those other persons, or by using 22 personal identifying information of those other persons, and thereby 23 obtains goods, money, property or services or uses credit in the name of 24 those persons, or causes financial loss to at least one such person, or 25 to another person or persons. 26 Identity theft in the third degree is a class D felony. 27 § 191.20 Identity theft in the second degree. 28 A person is guilty of identity theft in the second degree when such 29 person knowingly and with intent to defraud: 30 1. assumes the identity of another person by presenting themself as 31 that other person, or by acting as that other person or by using 32 personal identifying information of that other person, and thereby: 33 (a) obtains goods, money, property or services or uses credit in the 34 name of such other person in an aggregate amount that exceeds twenty- 35 five thousand dollars; or 36 (b) causes financial loss to such person or to another person or 37 persons in an aggregate amount that exceeds twenty-five thousand 38 dollars; or 39 (c) commits or attempts to commit a class C felony or higher level 40 crime or acts as an accessory in the commission of a class C or higher 41 level felony; or 42 (d) commits the crime of identity theft in the third degree as defined 43 in section 191.15 of this article and has been previously convicted 44 within the last five years of petit identity theft as defined in section 45 191.05, identity theft in the fourth degree as defined in section 46 191.10, identity theft in the third degree as defined in section 191.15, 47 identity theft in the second degree as defined in this section, identity 48 theft in the first degree as defined in section 191.25, unlawful 49 possession of personal identifying information in the third degree as 50 defined in section 191.30, unlawful possession of personal identifying 51 information in the second degree as defined in section 191.35, unlawful 52 possession of personal identifying information in the first degree as 53 defined in section 191.40, unlawful possession of a skimmer device in 54 the second degree as defined in section 191.50, unlawful possession of a 55 skimmer device in the first degree as defined in section 191.55, grand 56 larceny in the fourth degree as defined in section 155.30, grand larceny
S. 74 5 1 in the third degree as defined in section 155.35, grand larceny in the 2 second degree as defined in section 155.40 or grand larceny in the first 3 degree as defined in section 155.42, criminal possession of a forged 4 instrument in the third degree as defined in section 170.20, criminal 5 possession of a forged instrument in the second degree as defined in 6 section 170.25, criminal possession of a forged instrument in the first 7 degree as defined in section 170.30, criminal possession of stolen prop- 8 erty in the fifth degree as defined in section 165.40, criminal 9 possession of stolen property in the fourth degree as defined in section 10 165.45, criminal possession of stolen property in the third degree as 11 defined in section 165.50, criminal possession of stolen property in the 12 second degree as defined in section 165.52, criminal possession of 13 stolen property in the first degree as defined in section 165.54, or 14 criminal possession of forgery devices as defined in section 170.40 of 15 this chapter; or 16 (e) commits the crime of identity theft in the third degree as defined 17 in section 191.15 of this article and knows that such other person is a 18 member of the armed forces and that such member is presently deployed 19 outside of the continental United States; or 20 (f) commits the crime of identity theft in the third degree as defined 21 in section 191.15 of this article and knows that such other person is a 22 vulnerable elderly person as defined in subdivision three of section 23 260.31 of this chapter, or a person who is unable to care for themself 24 because of physical disability, mental disease or defect, or because 25 such person is a minor; or 26 2. assumes the identity of twenty-five or more persons by presenting 27 themself as those other persons, or by acting as those other persons, or 28 by using personal identifying information of those other persons, and 29 thereby obtains goods, money, property or services or uses credit in the 30 name of those persons, or causes financial loss to at least one such 31 person, or to another person or persons. 32 Identity theft in the second degree is a class C felony. 33 § 191.25 Identity theft in the first degree. 34 A person is guilty of identity theft in the first degree when such 35 person knowingly and with intent to defraud: 36 1. assumes the identity of another person by presenting themself as 37 that other person, or by acting as that other person or by using 38 personal identifying information of that other person, and thereby: 39 (a) obtains goods, money, property or services or uses credit in the 40 name of such other person in an aggregate amount that exceeds two 41 hundred thousand dollars; or 42 (b) causes financial loss to such person or to another person or 43 persons in an aggregate amount that exceeds two hundred thousand 44 dollars; or 45 (c) commits or attempts to commit a class B felony or higher level 46 crime or acts as an accessory in the commission of a class B or higher 47 level felony; or 48 (d) commits the crime of identity theft in the second degree as 49 defined in section 191.20 of this article and has been previously 50 convicted within the last five years of petit identity theft as defined 51 in section 191.05, identity theft in the fourth degree as defined in 52 section 191.10, identity theft in the third degree as defined in section 53 191.15, identity theft in the second degree as defined in section 191.20 54 of this article, identity theft in the first degree as defined in this 55 section, unlawful possession of personal identifying information in the 56 second degree as defined in section 191.35, unlawful possession of
S. 74 6 1 personal identifying information in the first degree as defined in 2 section 191.40, unlawful possession of a skimmer device in the second 3 degree as defined in section 191.50, unlawful possession of a skimmer 4 device in the first degree as defined in section 191.55, grand larceny 5 in the fourth degree as defined in section 155.30, grand larceny in the 6 third degree as defined in section 155.35, grand larceny in the second 7 degree as defined in section 155.40 or grand larceny in the first degree 8 as defined in section 155.42, criminal possession of a forged instrument 9 in the third degree as defined in section 170.20, criminal possession of 10 a forged instrument in the second degree as defined in section 170.25, 11 criminal possession of a forged instrument in the first degree as 12 defined in section 170.30, criminal possession of stolen property in the 13 fifth degree as defined in section 165.40, criminal possession of stolen 14 property in the fourth degree as defined in section 165.45, criminal 15 possession of stolen property in the third degree as defined in section 16 165.50, criminal possession of stolen property in the second degree as 17 defined in section 165.52, criminal possession of stolen property in the 18 first degree as defined in section 165.54, or criminal possession of 19 forgery devices as defined in section 170.40 of this chapter; or 20 (e) commits the crime of identity theft in the second degree as 21 defined in section 191.20 of this article and knows that such other 22 person is a member of the armed forces, and knows that such member is 23 presently deployed outside of the continental United States; or 24 (f) commits the crime of identity theft in the second degree as 25 defined in section 191.20 of this article and knows that such other 26 person is a vulnerable elderly person as defined in subdivision three of 27 section 260.31 of this chapter, or a person who is unable to care for 28 themself because of physical disability, mental disease or defect, or 29 because such person is a minor; or 30 2. assumes the identity of fifty or more persons by presenting them- 31 self as those other persons, or by acting as those other persons, or by 32 using personal identifying information of those other persons, and 33 thereby obtains goods, money, property or services or uses credit in the 34 name of those persons, or causes financial loss to at least one such 35 person, or to another person or persons. 36 Identity theft in the first degree is a class B felony. 37 § 191.30 Unlawful possession of personal identifying information in the 38 third degree. 39 A person is guilty of unlawful possession of personal identifying 40 information in the third degree when such person knowingly possesses a 41 person's personal identifying information as defined in section 191.00 42 of this article of another person knowing such information is intended 43 to be used in furtherance of the commission of a crime defined in this 44 chapter. 45 Unlawful possession of personal identifying information in the third 46 degree is a class A misdemeanor. 47 § 191.35 Unlawful possession of personal identifying information in the 48 second degree. 49 A person is guilty of unlawful possession of personal identifying 50 information in the second degree when such person knowingly possesses 51 fifty or more items of personal identifying information as defined in 52 section 191.00 of this article knowing such information is intended to 53 be used in furtherance of the commission of a crime defined in this 54 chapter. 55 Unlawful possession of personal identifying information in the second 56 degree is a class E felony.
S. 74 7 1 § 191.40 Unlawful possession of personal identifying information in the 2 first degree. 3 A person is guilty of unlawful possession of personal identifying 4 information in the first degree when such person commits the crime of 5 unlawful possession of personal identifying information in the second 6 degree and: 7 1. with intent to further the commission of identity theft in the 8 third degree, such person supervises more than three accomplices; or 9 2. such person has been previously convicted within the last five 10 years of petit identity theft as defined in section 191.05, identity 11 theft in the fourth degree as defined in section 191.10, identity theft 12 in the third degree as defined in section 191.15, identity theft in the 13 second degree as defined in section 191.20, identity theft in the first 14 degree as defined in section 191.25, unlawful possession of personal 15 identifying information in the third degree as defined in section 16 191.30, unlawful possession of personal identifying information in the 17 second degree as defined in section 191.35, unlawful possession of 18 personal identifying information in the first degree as defined in this 19 section, unlawful possession of a skimmer device in the second degree as 20 defined in section 191.50, unlawful possession of a skimmer device in 21 the first degree as defined in section 191.55, grand larceny in the 22 fourth degree as defined in section 155.30, grand larceny in the third 23 degree as defined in section 155.35, grand larceny in the second degree 24 as defined in section 155.40 or grand larceny in the first degree as 25 defined in section 155.42, criminal possession of a forged instrument in 26 the third degree as defined in section 170.20, criminal possession of a 27 forged instrument in the second degree as defined in section 170.25, 28 criminal possession of a forged instrument in the first degree as 29 defined in section 170.30, criminal possession of stolen property in the 30 fifth degree as defined in section 165.40, criminal possession of stolen 31 property in the fourth degree as defined in section 165.45, criminal 32 possession of stolen property in the third degree as defined in section 33 165.50, criminal possession of stolen property in the second degree as 34 defined in section 165.52, criminal possession of stolen property in the 35 first degree as defined in section 165.54, or criminal possession of 36 forgery devices as defined in section 170.40 of this chapter; or 37 3. with intent to further the commission of identity theft in the 38 second degree: 39 (a) such person supervises more than two accomplices, and 40 (b) such person knows that the person whose personal identifying 41 information that such person possesses is a member of the armed forces, 42 and 43 (c) such person knows that such member of the armed forces is present- 44 ly deployed outside of the continental United States. 45 Unlawful possession of personal identifying information in the first 46 degree is a class D felony. 47 § 191.45 Defenses. 48 In any prosecution for identity theft or unlawful possession of 49 personal identifying information pursuant to this article, it shall be 50 an affirmative defense that the person charged with the offense: 51 1. was under twenty-one years of age at the time of committing the 52 offense and the person used or possessed the personal identifying infor- 53 mation of another solely for the purpose of purchasing alcohol; 54 2. was under eighteen years of age at the time of committing the 55 offense and the person used or possessed the personal identifying infor-
S. 74 8 1 mation of another solely for the purpose of purchasing tobacco products; 2 or 3 3. used or possessed the personal identifying information of another 4 person solely for the purpose of misrepresenting the person's age to 5 gain access to a place the access to which is restricted based on age. 6 § 191.50 Unlawful possession of a skimmer device in the second degree. 7 1. A person is guilty of unlawful possession of a skimmer device in 8 the second degree when such person possesses a skimmer device with the 9 intent that such device be used in furtherance of the commission of the 10 crime of identity theft or unlawful possession of personal identifying 11 information as defined in this article. 12 2. For purposes of this article, "skimmer device" means a device 13 designed or adapted to obtain personal identifying information from a 14 credit card, debit card, public benefit card, access card or device, or 15 other card or device that contains personal identifying information. 16 Unlawful possession of a skimmer device in the second degree is a 17 class A misdemeanor. 18 § 191.55 Unlawful possession of a skimmer device in the first degree. 19 A person is guilty of unlawful possession of a skimmer device in the 20 first degree when such person commits the crime of unlawful possession 21 of a skimmer device in the second degree and such person has been previ- 22 ously convicted within the last five years of identity theft in the 23 fourth degree as defined in section 191.10, identity theft in the third 24 degree as defined in section 191.15, identity theft in the second degree 25 as defined in section 191.20, identity theft in the first degree as 26 defined in section 191.25, unlawful possession of personal identifying 27 information in the third degree as defined in section 191.30, unlawful 28 possession of personal identifying information in the second degree as 29 defined in section 191.35, unlawful possession of personal identifying 30 information in the first degree as defined in section 191.40, unlawful 31 possession of a skimmer device in the second degree as defined in 32 section 191.50, unlawful possession of a skimmer device in the first 33 degree as defined in this section, grand larceny in the fourth degree as 34 defined in section 155.30, grand larceny in the third degree as defined 35 in section 155.35, grand larceny in the second degree as defined in 36 section 155.40, grand larceny in the first degree as defined in section 37 155.42, criminal possession of a forged instrument in the third degree 38 as defined in section 170.20, criminal possession of a forged instrument 39 in the second degree as defined in section 170.25, criminal possession 40 of a forged instrument in the first degree as defined in section 170.30, 41 criminal possession of stolen property in the fifth degree as defined in 42 section 165.40, criminal possession of stolen property in the fourth 43 degree as defined in section 165.45, criminal possession of stolen prop- 44 erty in the third degree as defined in section 165.50, criminal 45 possession of stolen property in the second degree as defined in section 46 165.52, criminal possession of stolen property in the first degree as 47 defined in section 165.54, or criminal possession of forgery devices as 48 defined in section 170.40 of this chapter. 49 Unlawful possession of a skimmer device in the first degree is a class 50 E felony. 51 § 2. Paragraph (a) of subdivision 1 of section 460.10 of the penal 52 law, as amended by chapter 134 of the laws of 2019, is amended to read 53 as follows: 54 (a) Any of the felonies set forth in this chapter: sections 120.05, 55 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 56 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
S. 74 9 1 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 2 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to 3 labor trafficking; section 135.65 relating to coercion; sections 140.20, 4 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 5 145.12 relating to criminal mischief; article one hundred fifty relating 6 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand 7 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health 8 care fraud; article one hundred sixty relating to robbery; sections 9 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of 10 stolen property; sections 165.72 and 165.73 relating to trademark coun- 11 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 12 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 13 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 14 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating 15 to criminal diversion of prescription medications and prescriptions; 16 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 17 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 18 215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 19 187.20 and 187.25 relating to residential mortgage fraud, sections 20 190.40 and 190.42 relating to criminal usury; section 190.65 relating to 21 schemes to defraud; sections 191.05, 191.10, 191.15, 191.20, 191.25, 22 191.30, 191.35, 191.40, 191.50 and 191.55 relating to identity theft; 23 any felony defined in article four hundred ninety-six; sections 205.60 24 and 205.65 relating to hindering prosecution; sections 210.10, 210.15, 25 and 215.51 relating to perjury and contempt; section 215.40 relating to 26 tampering with physical evidence; sections 220.06, 220.09, 220.16, 27 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 28 220.60, 220.65 and 220.77 relating to controlled substances; sections 29 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and 30 230.32 relating to promoting prostitution; section 230.34 relating to 31 sex trafficking; section 230.34-a relating to sex trafficking of a 32 child; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; 33 sections 263.10 and 263.15 relating to promoting [a] an obscene sexual 34 performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 35 265.13 and the provisions of section 265.10 which constitute a felony 36 relating to firearms and other dangerous weapons; sections 265.14 and 37 265.16 relating to criminal sale of a firearm; section 265.50 relating 38 to the criminal manufacture, sale or transport of an undetectable 39 firearm, rifle or shotgun; section 275.10, 275.20, 275.30, or 275.40 40 relating to unauthorized recordings; and sections 470.05, 470.10, 470.15 41 and 470.20 relating to money laundering; or 42 § 3. Paragraph (a) of subdivision 3 of section 490.05 of the penal 43 law, as amended by section 7 of part A of chapter 1 of the laws of 2004, 44 is amended to read as follows: 45 (a) "Specified offense" for purposes of this article means a class A 46 felony offense other than an offense as defined in article two hundred 47 twenty, a violent felony offense as defined in section 70.02, 48 manslaughter in the second degree as defined in section 125.15, criminal 49 tampering in the first degree as defined in section 145.20, identity 50 theft in the second degree as defined in section [190.79] 191.20, iden- 51 tity theft in the first degree as defined in section [190.80] 191.25, 52 unlawful possession of personal identification information in the second 53 degree as defined in section [190.82] 191.35, unlawful possession of 54 personal identification information in the first degree as defined in 55 section [190.83] 191.40, money laundering in support of terrorism in the 56 fourth degree as defined in section 470.21, money laundering in support
S. 74 10 1 of terrorism in the third degree as defined in section 470.22, money 2 laundering in support of terrorism in the second degree as defined in 3 section 470.23, money laundering in support of terrorism in the first 4 degree as defined in section 470.24 of this chapter, and includes an 5 attempt or conspiracy to commit any such offense. 6 § 4. Paragraph (s) of subdivision 8 of section 700.05 of the criminal 7 procedure law is REPEALED and a new paragraph (s) is added to read as 8 follows: 9 (s) Petit identity theft as defined in section 191.05, identity theft 10 in the fourth degree as defined in section 191.10, identity theft in the 11 third degree as defined in section 191.15, identity theft in the second 12 degree as defined in section 191.20, identity theft in the first degree 13 as defined in section 191.25, unlawful possession of personal identify- 14 ing information in the third degree as defined in section 191.30, unlaw- 15 ful possession of personal identifying information in the second degree 16 as defined in section 191.35, unlawful possession of personal identify- 17 ing information in the first degree as defined in section 191.40, unlaw- 18 ful possession of a skimmer device in the second degree as defined in 19 section 191.50, or unlawful possession of a skimmer device in the first 20 degree as defined in section 191.55 of the penal law. 21 § 5. Paragraph (b) of subdivision 1 of section 899-aa of the general 22 business law, as amended by chapter 117 of the laws of 2019, is amended 23 to read as follows: 24 (b) "Private information" shall mean either: (i) personal information 25 consisting of any information in combination with any one or more of the 26 following data elements, when either the data element or the combination 27 of personal information plus the data element is not encrypted, or is 28 encrypted with an encryption key that has also been accessed or 29 acquired: 30 (1) social security number; 31 (2) driver's license number or non-driver identification card number; 32 (3) account number, credit or debit card number, in combination with 33 any required security code, access code, password or other information 34 that would permit access to an individual's financial account; 35 (4) account number, credit or debit card number, if circumstances 36 exist wherein such number could be used to access an individual's finan- 37 cial account without additional identifying information, security code, 38 access code, or password; [or] 39 (5) biometric information, meaning data generated by electronic meas- 40 urements of an individual's unique physical characteristics, such as a 41 fingerprint, voice print, retina or iris image, or other unique physical 42 representation or digital representation of biometric data which are 43 used to authenticate or ascertain the individual's identity; [or] 44 (6) medical information; 45 (7) health insurance information; or 46 (ii) a user name or e-mail address in combination with a password or 47 security question and answer that would permit access to an online 48 account. 49 For the purposes of this paragraph, "medical information" means any 50 information regarding an individual's medical history, mental or phys- 51 ical condition, or medical treatment or diagnosis by a health care 52 professional and "health insurance information" means an individual's 53 health insurance policy number or subscriber identification number, and 54 unique identifier used by a health insurer to identify the individual or 55 any information in an individual's application and claims history, 56 including, but not limited to, appeals history.
S. 74 11 1 "Private information" does not include publicly available information 2 which is lawfully made available to the general public from federal, 3 state, or local government records. 4 § 6. Paragraph (a) of subdivision 1 of section 208 of the state tech- 5 nology law, as amended by chapter 117 of the laws of 2019, is amended to 6 read as follows: 7 (a) "Private information" shall mean either: (i) personal information 8 consisting of any information in combination with any one or more of the 9 following data elements, when either the data element or the combination 10 of personal information plus the data element is not encrypted or 11 encrypted with an encryption key that has also been accessed or 12 acquired: 13 (1) social security number; 14 (2) driver's license number or non-driver identification card number; 15 (3) account number, credit or debit card number, in combination with 16 any required security code, access code, password or other information 17 which would permit access to an individual's financial account; 18 (4) account number, or credit or debit card number, if circumstances 19 exist wherein such number could be used to access [to] an individual's 20 financial account without additional identifying information, security 21 code, access code, or password; [or] 22 (5) biometric information, meaning data generated by electronic meas- 23 urements of an individual's unique physical characteristics, such as 24 fingerprint, voice print, or retina or iris image, or other unique phys- 25 ical representation or digital representation which are used to authen- 26 ticate or ascertain the individual's identity; [or] 27 (6) medical information; 28 (7) health insurance information; or 29 (ii) a user name or e-mail address in combination with a password or 30 security question and answer that would permit access to an online 31 account. 32 For the purposes of this paragraph, "medical information" means any 33 information regarding an individual's medical history, mental or phys- 34 ical condition, or medical treatment or diagnosis by a health care 35 professional and "health insurance information" means an individual's 36 health insurance policy number or subscriber identification number, and 37 unique identifier used by a health insurer to identify the individual or 38 any information in an individual's application and claims history, 39 including, but not limited to, appeals history. 40 "Private information" does not include publicly available information 41 that is lawfully made available to the general public from federal, 42 state, or local government records. 43 § 7. Sections 190.77, 190.78, 190.79, 190.80, 190.80-a, 190.81, 44 190.82, 190.83, 190.84, 190.85 and 190.86 of the penal law are REPEALED. 45 § 8. Subdivision 1 of section 60.27 of the penal law, as amended by 46 chapter 279 of the laws of 2008, is amended to read as follows: 47 1. In addition to any of the dispositions authorized by this article, 48 the court shall consider restitution or reparation to the victim of the 49 crime and may require restitution or reparation as part of the sentence 50 imposed upon a person convicted of an offense, and after providing the 51 district attorney with an opportunity to be heard in accordance with the 52 provisions of this subdivision, require the defendant to make restitu- 53 tion of the fruits of [his or her] such defendant's offense or repara- 54 tion for the actual out-of-pocket loss caused thereby and, in the case 55 of a violation of section [190.78, 190.79, 190.80, 190.82 or 190.83] 56 191.05, 191.10, 191.15, 191.20 or 191.25 of this chapter, any costs or
S. 74 12 1 losses incurred due to any adverse action taken against the victim. The 2 district attorney shall where appropriate, advise the court at or before 3 the time of sentencing that the victim seeks restitution or reparation, 4 the extent of injury or economic loss or damage of the victim, and the 5 amount of restitution or reparation sought by the victim in accordance 6 with [his or her] such district attorney's responsibilities under subdi- 7 vision two of section 390.50 of the criminal procedure law and article 8 twenty-three of the executive law. The court shall hear and consider the 9 information presented by the district attorney in this regard. In that 10 event, or when the victim impact statement reports that the victim seeks 11 restitution or reparation, the court shall require, unless the interests 12 of justice dictate otherwise, in addition to any of the dispositions 13 authorized by this article that the defendant make restitution of the 14 fruits of the offense and reparation for the actual out-of-pocket loss 15 and, in the case of a violation of section [190.78, 190.79, 190.80, 16 190.82 or 190.83] 191.05, 191.10, 191.15, 191.20 or 191.25 of this chap- 17 ter, any costs or losses incurred due to any adverse action, caused 18 thereby to the victim. In the event that restitution or reparation are 19 not ordered, the court shall clearly state its reasons on the record. 20 Adverse action as used in this subdivision shall mean and include actual 21 loss incurred by the victim, including an amount equal to the value of 22 the time reasonably spent by the victim attempting to remediate the harm 23 incurred by the victim from the offense, and the consequential financial 24 losses from such action. 25 § 9. Paragraph (b) of subdivision 4 of section 60.27 of the penal law, 26 as amended by chapter 313 of the laws of 2011, is amended to read as 27 follows: 28 (b) the term "victim" shall include the victim of the offense, the 29 representative of a crime victim as defined in subdivision six of 30 section six hundred twenty-one of the executive law, an individual whose 31 identity was assumed or whose personal identifying information was used 32 in violation of section [190.78, 190.79 or 190.80] 191.05, 191.10, 33 191.15, 191.20 or 191.25 of this chapter, or any person who has suffered 34 a financial loss as a direct result of the acts of a defendant in 35 violation of section [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 36 191.10, 191.15, 191.20 or 191.25 of this chapter, a good samaritan as 37 defined in section six hundred twenty-one of the executive law and the 38 office of victim services or other governmental agency that has received 39 an application for or has provided financial assistance or compensation 40 to the victim. A victim shall also mean any owner or lawful producer of 41 a master recording, or a trade association that represents such owner or 42 lawful producer, that has suffered injury as a result of an offense as 43 defined in article two hundred seventy-five of this chapter. 44 § 10. Subdivision 2 of section 646 of the executive law, as amended by 45 chapter 346 of the laws of 2007, is amended to read as follows: 46 2. An individual whose identity was assumed or whose personal identi- 47 fying information, as defined in [section 190.77] subdivision one of 48 section 191.00 of the penal law, was used in violation of section 49 [190.78, 190.79 or 190.80] 191.05, 191.10, 191.15, 191.20 or 191.25 of 50 the penal law, or any person who has suffered a financial loss as a 51 direct result of the acts of a defendant in violation of section 52 [190.78, 190.79, 190.80, 190.82 or 190.83] 191.05, 191.10, 191.15, 53 191.20 or 191.25 of the penal law, who has learned or reasonably 54 suspects that [his or her] such individual's personal identifying infor- 55 mation has been unlawfully used by another, may make a complaint to the 56 local law enforcement agency of the county in which any part of the
S. 74 13 1 offense took place regardless of whether the defendant was actually 2 present in such county, or in the county in which the person who 3 suffered financial loss resided at the time of the commission of the 4 offense, or in the county where the person whose personal identification 5 information was used in the commission of the offense resided at the 6 time of the commission of the offense as provided in paragraph (l) of 7 subdivision four of section 20.40 of the criminal procedure law. Said 8 local law enforcement agency shall take a police report of the matter 9 and provide the complainant with a copy of such report free of charge. 10 § 11. This act shall take effect immediately.