S885-2011 - NY Senate Open Legislation - Expands geographical jurisdiction for crimes attendant to identity theft or unlawful possession of personal information

Expands geographical jurisdiction for crimes attendant to identity theft or the unlawful possession of personal information.

Sponsor: KRUEGER / Co-sponsor(s): AVELLA
Law Section: Criminal Procedure Law / Law: Amd SS20.10 & 20.40, CP L

S885-2011 Actions

May 14, 2012: RECOMMIT, ENACTING CLAUSE STRICKEN
May 7, 2012: ADVANCED TO THIRD READING
May 2, 2012: 2ND REPORT CAL.
May 1, 2012: 1ST REPORT CAL.639
Jan 4, 2012: REFERRED TO CODES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Feb 7, 2011: referred to codes
Feb 7, 2011: DELIVERED TO ASSEMBLY
Feb 7, 2011: PASSED SENATE
Feb 1, 2011: ADVANCED TO THIRD READING
Jan 31, 2011: 2ND REPORT CAL.
Jan 25, 2011: 1ST REPORT CAL.23
Jan 5, 2011: REFERRED TO CODES

S885-2011 Meetings

Codes: Jan 25, 2011, Codes: May 1, 2012

S885-2011 Calendars

Active List: Feb 7, 2011 , Floor Calendar: Jan 31, 2011 , Floor Calendar: Feb 1, 2011 , Floor Calendar: Feb 7, 2011 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012

S885-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - Jan 25, 2011

Ayes (16): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Parker, Perkins, Squadron, Espaillat

VOTE: FLOOR VOTE: - Feb 7, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, 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, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin

VOTE: COMMITTEE VOTE: - Codes - May 1, 2012

Ayes (16): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Parker, Perkins, Squadron, Espaillat

S885-2011 Memo

BILL NUMBER:S885

TITLE OF BILL:

An act
to amend the criminal procedure law, in relation to expanding the
geographical jurisdiction for crimes attendant to identify theft or
unlawful possession of personal identification information

PURPOSE:

Amends the criminal procedure law to allow prosecutors and criminal
courts to try crimes committed in the same transaction as identity
theft or the unlawful possession of personal identification
information in the same venue.

SUMMARY OF PROVISIONS:

Section 1. Creates a new subdivision 5 of section 20.10 of the
criminal procedure law, which provides for the definition of criminal
transaction.

Section 2. Amends paragraph (1) of subdivision 4 of section 20.40
of the criminal procedure law, which expands the geographical
jurisdiction of counties to hear crimes committed in the same
transaction as identity theft or the unlawful possession of personal
identification information in the same venue.

Section 3. Provides for the effective date.

JUSTIFICATION:

Under paragraph (1) of subdivision 4 of section 20.40 of the criminal
procedure law, county courts have been granted the power to try a
case where the defendant has been alleged to commit the crime of
either identity theft or the unlawful possession of personal
identification information. This paragraph was created in 2002 to
assist in the prosecution of the relatively new crime of identity
theft. Paragraph (1) gave the prosecution multiple venues to
prosecute since the
crime of identity theft or the unlawful possession of personal
identification information could have been perpetrated in one
county, while the impact of such conduct impacted the residents of
two other separate counties.

The amendment to paragraph (1) of subdivision 4 of section 20.40 of
the criminal procedure law proposed in this legislation corrects
another problem associated with these crimes. Many times other crimes
alleged to have occurred within the same criminal transaction may not
be prosecuted before the same criminal court. Thus, crimes such as
larceny and criminal possession of stolen property are either not
prosecuted or prosecuted in another county court, creating an undue
burden on the courts.

This legislation will create a more efficient court system and avoid
the possibility of inconsistent verdicts.


LEGISLATIVE HISTORY:

2010:  S.7588 (Schneiderman)

FISCAL IMPLICATIONS:

This legislation would create a savings to the state.

EFFECTIVE DATE:

This act shall take effect on the one-hundred eightieth day after it
shall have become law.

S885-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           885
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the criminal procedure law, in relation to expanding the
 geographical jurisdiction for crimes attendant to  identify  theft  or
 unlawful possession of personal identification information
 

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

 

Section 1.

Section 20.10 of the criminal procedure law is  amended  by
 adding a new subdivision 5 to read as follows:

 5. "CRIMINAL TRANSACTION." WHEN CONDUCT WHICH ESTABLISHES AT LEAST ONE
 OFFENSE, AND WHICH IS COMPRISED OF TWO OR MORE OR A GROUP OF ACTS EITHER
 (A)  SO  CLOSELY RELATED AND CONNECTED IN POINT OF TIME AND CIRCUMSTANCE
 OF COMMISSION AS TO CONSTITUTE A SINGLE CRIMINAL  INCIDENT,  OR  (B)  SO
 CLOSELY  RELATED  IN  CRIMINAL  PURPOSE  OR  OBJECTIVE  AS TO CONSTITUTE
 ELEMENTS OR INTEGRAL PARTS OF A SINGLE CRIMINAL VENTURE.
 

S 2. Paragraph (l) of subdivision 4 of section 20.40 of  the  criminal
 procedure law, as amended by chapter 346 of the laws of 2007, is amended
 to read as follows:

 (l)  [An]  NOTWITHSTANDING  ANY  PROVISION  OF THIS SUBDIVISION TO THE
 CONTRARY, AN  offense  of  identity  theft  or  unlawful  possession  of
 personal  identification  information [may], TOGETHER WITH AN ADDITIONAL
 OFFENSE OR OFFENSES ARISING FROM THE SAME CRIMINAL TRANSACTION, SHALL be
 prosecuted (i) in any county in which part of [the] SUCH IDENTITY  THEFT
 ON  UNLAWFUL  POSSESSION  OF PERSONAL IDENTIFICATION INFORMATION 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] SUCH IDEN
 TITY THEFT ON UNLAWFUL POSSESSION OF PERSONAL IDENTIFICATION INFORMATION
 offense, or (iii) in the county where the person  whose  personal  iden
 tification information was used in the commission of [the] SUCH IDENTIFY
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03869-01-1
        S. 885                              2
 THEFT  ON  UNLAWFUL  POSSESSION  OF  PERSONAL IDENTIFICATION INFORMATION
 offense resided at the time of the commission of the  offense.  The  law
 enforcement  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.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

S885-2011: Expands geographical jurisdiction for crimes attendant to identity theft or unlawful possession of personal information