Increases the penalties for identity theft crimes.
Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Zeldin
Excused (5): Espaillat, Farley, Huntley, Smith, Young
TITLE OF BILL: An act to amend the penal law, in relation to increasing the penalties for identity theft crimes
PURPOSE: To further deter identity theft and related crimes.
SUMMARY OF PROVISIONS: This bill would upgrade identity theft in the third degree from a class A misdemeanor to a class E felony in the closing paragraph of section 190.78 of the penal law; upgrading identity theft in the second degree from a class E felony to a class D felony in section 2 of the closing paragraph of section 190.79 of the penal law , and upgrading identity theft in the first degree from a class D felony to a class C felony in section 3 of the closing paragraph of section 190.80 of the penal law.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Currently, identity theft in the third degree is a class A misdemeanor; identity theft in the second degree is a class E felony; and identity theft in the first degree is a class D felony.
JUSTIFICATION: Over the years, identity theft has been addressed in the Senate, including the passage of the Identity Theft bill (S.7697-A) which was introduced by Senator Spano and co-sponsored by 35 other Senators, amended the penal law in relation to prohibiting and penalizing identity theft. In accordance with the 2002 legislation, this bill would further deter identity theft and thereby strengthen identity protection for New York State consumers. The National Crime Prevention Council reports that identity theft is the fastest growing crime in the US. In 2002, The Federal Trade Commission (FTC) released statistics which found that the total number of fraud and identity theft complaints from New York State consumers was 23,939 of which New York City was at the top of the list for consumer fraud with a reported 3,264 victims. In 2003, the FTC reported New York State ranked number six in a national average of reported identity theft victims with a total of 15,821, of which New York City ranked at the top with a reported 8,863 victims, up from 5,888 in 2002. Additionally, identity theft cost $33 billion (nationally) in loss to all businesses and financial institutions and on average Americans spent 300 million hours resolving problems related to identity theft. Imposing harsher penalties relating to identity theft crimes would reduce the financial loss to New York State businesses and its constituents, as well as reduce problems with resolving issues related to identity theft crimes (e.g. using someone else's personal documents to obtain goods or services).
LEGISLATIVE HISTORY: S.2090 of 2007 01/31/07 Referred to Codes 01/09/08 Referred to Codes
S.192 of 2009 01/07/09 REFERRED TO CODES 01/06/10 REFERRED TO CODES
EFFECTIVE DATE: This act shall take effect on the ninetieth day~after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1701 2011-2012 Regular Sessions IN SENATE January 11, 2011 ___________Introduced by Sen. SAMPSON -- 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 increasing the penalties for identity theft crimes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of section 190.78 of the penal law, as added by chapter 619 of the laws of 2002, is amended to read as follows: Identity theft in the third degree is a class
[A misdemeanor]E FELONY. S 2. The closing paragraph of section 190.79 of the penal law, as added by chapter 619 of the laws of 2002, is amended to read as follows: Identity theft in the second degree is a class [E]D felony. S 3. The closing paragraph of section 190.80 of the penal law, as added by chapter 619 of the laws of 2002, is amended to read as follows: Identity theft in the first degree is a class [D]C felony. S 4. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06012-01-1