Expands the definition of "criminal act", for purposes of enterprise corruption, to include computer offenses, identity theft, criminal use of an access device and unlawful possession of personal identification information or a skimmer.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the penal law, in relation to including certain computer offenses, criminal use of an access device, identity theft and unlawful possession of personal identification information or a skimmer device within the definition of "criminal act" for purposes of enterprise corruption
PURPOSE: Updates New York State's Enterprise Corruption Statute, which is used to prosecute gangs and organized crime syndicates, by including increasingly common white-collar fraud and technology crimes.
SUMMARY OF PROVISIONS: Section 1 amends NY Penal Law § 460.10(1)(a) to include: section 156.10 relating to computer trespass; sections 156.25, 156.26, and 156.27 relating to computer tampering; section 156.30 relating to unlawful duplication of computer related material; section 156.35 relating to Criminal possession of computer related material; section 190.76 relating to criminal use of an access device; sections 190.79, 190.80, and 190.80-a relating to identity theft; sections 190.82 and 190.83 relating to unlawful possession of personal identification information; and section, 190.86 relating to unlawful possession of a skimmer device within the list of predicate criminal acts in the definition section of New York's Enterprise Corruption statute.
Section 2 establishes the effective date.
JUSTIFICATION: According to the FBI's National Gang Intelligence Center "gangs are becoming more involved in white-collar crime, including identity theft, bank fraud, credit card fraud, money laundering, fencing stolen goods, counterfeiting, and mortgage fraud, and are recruiting members who possess those skill sets." Along with Florida, New York is one of the twin epicenters of this troubling new development in organized crime.
In 2011, an identity theft ring spearheaded by the Crips, Bloods, and a Brooklyn-based gang called The Outlaws stole more than $2 million from New York charities. In 2012, the cyber-theft often million credit and debit card records was attributed to a New York City based street gang with ties to Central America. Also in 2012, a Romanian man with ties to organized crime was charged with stealing at least $1.5M by installing "skimmer" devices at ATM machines across New York City and Long Island. Along with these high profile incidents, there are countless other such crimes, many of which go undetected.
New York law enforcement is increasingly devoting greater resources to this new breed of organized crime and the efforts are paying dividends. Unfortunately, the law has not kept up with its enforcers. Despite the increasing prominence of these crimes, New York's Enterprise Corruption statute, which targets organized crime, does not include a wide variety of cyber and identity crimes within its predicate
felonies. In order to give law enforcement the tools they need to crack down on organized white-collar crime, the law needs to be updated to reflect current realities. This legislation makes the changes necessary to bring New York's Enterprise Corruption law into the 21st Century and give prosecutors the means to fight the unchecked spread of new-age gang crime.
Additionally, including crimes such as identity theft in the Enterprise Corruption statute would both provide the state with potentially large-scale savings by eliminating duplicative legal proceedings and protect defendants from having to be tried twice for the same conduct. For instance, under current law, when a defendant commits the crime of Enterprise Corruption by committing larceny through identity theft, he must be indicted twice for the same underlying actions--one indictment for Enterprise Corruption and Larceny and a second indictment for the identity theft charges. This means that a defendant gets two arrest numbers, has two indictments, gets arraigned twice, has bail set twice (once on each indictment), has two sets of motions, and eventually gets tried for the same conduct not once, but twice. This also means that a defendant likely needs to pay two retainers to defense counsel. This current system is both inequitable to defendants and unnecessarily costly to the state.
This commonsense legislation will make it easier to go after gangs and organized crime syndicates, save money for the state, and protect defendants' legitimate, lawful rights.
LEGISLATIVE HISTORY: 2011-12: S.7862
FISCAL IMPLICATIONS: May provide significant saving to the state by eliminating duplicative legal proceedings.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 40 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. PERALTA -- 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 including certain computer offenses, criminal use of an access device, identity theft and unlaw- ful possession of personal identification information or a skimmer device within the definition of "criminal act" for purposes of enter- prise corruption THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 460.10 of the penal law, as amended by chapter 405 of the laws of 2010, is amended to read as follows: (a) Any of the felonies set forth in this chapter: sections 120.05, 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- ing to strangulation; sections 125.10 to 125.27 relating to homicide; sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 135.25 relating to kidnapping; section 135.35 relating to labor traf- ficking; section 135.65 relating to coercion; sections 140.20, 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12 relating to criminal mischief; article one hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand larceny; SECTIONS 156.10, 156.25, 156.26, 156.27, 156.30 AND 156.35 RELATING TO OFFENSES INVOLVING COMPUTERS; sections 177.10, 177.15, 177.20 and 177.25 relating to health care fraud; article one hundred sixty relating to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of stolen property; sections 165.72 and 165.73 relating to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 176.30 relating to insurance fraud;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00308-01-3 S. 40 2
sections 178.20 and 178.25 relating to criminal diversion of prescription medications and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relat- ing to bribery; sections 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage fraud, sections 190.40 and 190.42 relating to crim- inal usury; section 190.65 relating to schemes to defraud; SECTION 190.76 RELATING TO CRIMINAL USE OF AN ACCESS DEVICE; SECTIONS 190.79, 190.80 AND 190.80-A RELATING TO IDENTITY THEFT; SECTIONS 190.82 AND 190.83 RELATING TO UNLAWFUL POSSESSION OF PERSONAL IDENTIFICATION INFOR- MATION; SECTION 190.86 RELATING TO UNLAWFUL POSSESSION OF A SKIMMER DEVICE; sections 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and contempt; section 215.40 relating to tampering with physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled substances; sections 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relating to promoting prostitution; section 230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10 and 263.15 relating to promoting a sexual performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10 which constitute a felony relating to firearms and other dangerous weap- ons; and sections 265.14 and 265.16 relating to criminal sale of a firearm; and section 275.10, 275.20, 275.30, or 275.40 relating to unau- thorized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.