Senate Bill S2927B

2013-2014 Legislative Session

Creates the crime of criminal practices with an access device

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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Votes

Bill Amendments

co-Sponsors

2013-S2927 - Details

See Assembly Version of this Bill:
A4273
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§165.21 - 164.24, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6954, A10324

2013-S2927 - Summary

Creates the crime of criminal practices with an access device.

2013-S2927 - Sponsor Memo

2013-S2927 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2927

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens. ZELDIN, MAZIARZ -- 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  creating  the  crime  of
  criminal practices with an access device

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 165.21  to
read as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE.
  1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ACCESS DEVICE" SHALL MEAN ANY CARD, INCLUDING GIFT  CARD,  PLATE,
CODE,  INCLUDING  UNIVERSAL PRICE CODE LABEL, ACCOUNT NUMBER, ELECTRONIC
SERIAL NUMBER, MOBILE  IDENTIFICATION  NUMBER,  PERSONAL  IDENTIFICATION
NUMBER,  OR  OTHER  TELECOMMUNICATIONS SERVICE, EQUIPMENT, OR INSTRUMENT
IDENTIFIER, INCLUDING A RADIO FREQUENCY IDENTIFICATION  TRANSPONDER,  OR
OTHER  MEANS OF ACCOUNT ACCESS THAT CAN BE USED, ALONE OR IN CONJUNCTION
WITH ANOTHER ACCESS DEVICE, TO OBTAIN MONEY,  GOODS,  SERVICES,  OR  ANY
OTHER  THING  OF  VALUE,  OR  THAT CAN BE USED TO INITIATE A TRANSFER OF
FUNDS (OTHER THAN A TRANSFER ORIGINATED SOLELY BY PAPER INSTRUMENT);
  (B) "COUNTERFEIT ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE  THAT  IS
COUNTERFEIT,  FICTITIOUS,  ALTERED, OR FORGED, OR AN IDENTIFIABLE COMPO-
NENT OF AN ACCESS DEVICE OR A COUNTERFEIT ACCESS DEVICE;
  (C) "UNAUTHORIZED ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT  IS
LOST,  STOLEN,  EXPIRED,  REVOKED,  CANCELED, OR OBTAINED WITH INTENT TO
DEFRAUD;
  (D) "PRODUCE" SHALL MEAN DESIGN, ALTER,  AUTHENTICATE,  DUPLICATE,  OR
ASSEMBLE;
  (E) "TRAFFIC" SHALL MEAN TRANSFER, OR OTHERWISE DISPOSE OF, TO ANOTHER
IN A FRAUDULENT MANNER, OR OBTAIN CONTROL OF WITH INTENT TO FRAUDULENTLY
TRANSFER OR DISPOSE OF;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01051-01-3
              

co-Sponsors

2013-S2927A - Details

See Assembly Version of this Bill:
A4273
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§165.21 - 164.24, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6954, A10324

2013-S2927A - Summary

Creates the crime of criminal practices with an access device.

2013-S2927A - Sponsor Memo

2013-S2927A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2927--A
    Cal. No. 213

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens. ZELDIN, MAZIARZ, RANZENHOFER, SAVINO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Codes -- reported favorably from said committee  and  committed  to
  the  Committee  on Consumer Protection -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the penal law, in relation  to  creating  the  crime  of
  criminal practices with an access device

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law  is  amended  by  adding  four  new  sections
165.21, 165.22, 165.23 and 165.24 to read as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE; DEFINITIONS.
  FOR  THE  PURPOSES OF SECTIONS 165.22, 165.23 AND 165.24 OF THIS ARTI-
CLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "ACCESS DEVICE" SHALL MEAN ANY CARD, INCLUDING  GIFT  CARD,  PLATE,
CODE,  INCLUDING  UNIVERSAL PRICE CODE LABEL, ACCOUNT NUMBER, ELECTRONIC
SERIAL NUMBER, MOBILE  IDENTIFICATION  NUMBER,  PERSONAL  IDENTIFICATION
NUMBER,  OR  OTHER  TELECOMMUNICATIONS SERVICE, EQUIPMENT, OR INSTRUMENT
IDENTIFIER, INCLUDING A RADIO FREQUENCY IDENTIFICATION  TRANSPONDER,  OR
OTHER  MEANS OF ACCOUNT ACCESS THAT CAN BE USED, ALONE OR IN CONJUNCTION
WITH ANOTHER ACCESS DEVICE, TO OBTAIN MONEY,  GOODS,  SERVICES,  OR  ANY
OTHER  THING  OF  VALUE,  OR  THAT CAN BE USED TO INITIATE A TRANSFER OF
FUNDS (OTHER THAN A TRANSFER ORIGINATED SOLELY BY PAPER INSTRUMENT);
  2. "COUNTERFEIT ACCESS DEVICE" SHALL MEAN ANY ACCESS  DEVICE  THAT  IS
COUNTERFEIT,  FICTITIOUS,  ALTERED, OR FORGED, OR AN IDENTIFIABLE COMPO-
NENT OF AN ACCESS DEVICE OR A COUNTERFEIT ACCESS DEVICE;
  3. "UNAUTHORIZED ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE  THAT  IS
LOST,  STOLEN,  EXPIRED,  REVOKED,  CANCELED, OR OBTAINED WITH INTENT TO
DEFRAUD;

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

co-Sponsors

2013-S2927B (ACTIVE) - Details

See Assembly Version of this Bill:
A4273
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§165.21 - 164.24, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6954, A10324

2013-S2927B (ACTIVE) - Summary

Creates the crime of criminal practices with an access device.

2013-S2927B (ACTIVE) - Sponsor Memo

2013-S2927B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2927--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by Sens. ZELDIN, LANZA, MAZIARZ, RANZENHOFER, SAVINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Codes  --  reported  favorably  from said committee and
  committed to the Committee on Consumer Protection -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading -- recommitted to the Committee on Codes
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  penal law, in relation to creating the crime of
  criminal practices with an access device

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  penal  law  is  amended  by adding four new sections
165.21, 165.22, 165.23 and 165.24 to read as follows:
S 165.21 CRIMINAL PRACTICES WITH AN ACCESS DEVICE; DEFINITIONS.
  FOR THE PURPOSES OF SECTIONS 165.22, 165.23 AND 165.24 OF  THIS  ARTI-
CLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "ACCESS  DEVICE"  SHALL MEAN ANY CARD, INCLUDING GIFT CARD, PLATE,
CODE, INCLUDING UNIVERSAL PRICE CODE LABEL, ACCOUNT  NUMBER,  ELECTRONIC
SERIAL  NUMBER,  MOBILE  IDENTIFICATION  NUMBER, PERSONAL IDENTIFICATION
NUMBER, OR OTHER TELECOMMUNICATIONS SERVICE,  EQUIPMENT,  OR  INSTRUMENT
IDENTIFIER,  INCLUDING  A RADIO FREQUENCY IDENTIFICATION TRANSPONDER, OR
OTHER MEANS OF ACCOUNT ACCESS THAT CAN BE USED, ALONE OR IN  CONJUNCTION
WITH  ANOTHER  ACCESS  DEVICE,  TO OBTAIN MONEY, GOODS, SERVICES, OR ANY
OTHER THING OF VALUE, OR THAT CAN BE USED  TO  INITIATE  A  TRANSFER  OF
FUNDS (OTHER THAN A TRANSFER ORIGINATED SOLELY BY PAPER INSTRUMENT);
  2.  "COUNTERFEIT  ACCESS  DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
COUNTERFEIT, FICTITIOUS, ALTERED, OR FORGED, OR AN  IDENTIFIABLE  COMPO-
NENT OF AN ACCESS DEVICE OR A COUNTERFEIT ACCESS DEVICE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01051-07-3
              

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