Bill Text: NY A03042 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to establishing the crime of unlawful purchase or sale of a social security account number

Spectrum: Moderate Partisan Bill (Republican 30-6)

Status: (Introduced - Dead) 2010-05-11 - held for consideration in codes [A03042 Detail]

Download: New_York-2009-A03042-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3042
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2009
                                      ___________
       Introduced by M. of A. KOLB, REILICH, FINCH, REILLY, OAKS, O'MARA, ERRI-
         GO,  BALL -- Multi-Sponsored by -- M. of A. ALFANO, AMEDORE, BACALLES,
         BARCLAY, BURLING, BUTLER, CALHOUN, CHRISTENSEN, COLTON, CONTE, CROUCH,
         DUPREY, FIELDS, GIGLIO, HAWLEY, HAYES, JEFFRIES, P. LOPEZ,  MAYERSOHN,
         McDONOUGH, McKEVITT, MOLINARO, QUINN, RABBITT, RAIA, SALADINO, SAYWARD
         -- read once and referred to the Committee on Codes
       AN  ACT to amend the penal law, in relation to establishing the crime of
         unlawful purchase or sale of a social security account number
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding two new sections 190.87
    2  and 190.88 to read as follows:
    3  S 190.87 UNLAWFUL PURCHASE OR SALE OF A SOCIAL SECURITY  ACCOUNT  NUMBER
    4             IN THE SECOND DEGREE.
    5    A  PERSON  IS GUILTY OF UNLAWFUL PURCHASE OR SALE OF A SOCIAL SECURITY
    6  ACCOUNT NUMBER IN THE SECOND DEGREE WHEN HE OR SHE SELLS  OR  OFFERS  TO
    7  SELL  OR  HE  OR  SHE  PURCHASES  OR OFFERS TO PURCHASE ANOTHER PERSON'S
    8  SOCIAL SECURITY ACCOUNT NUMBER AND:
    9    1. HE OR SHE KNOWS OR REASONABLY SHOULD KNOW THAT SUCH ACCOUNT  NUMBER
   10  IS INTENDED TO BE USED TO DEFRAUD, DECEIVE OR INJURE ANOTHER; OR
   11    2.  HE  OR  SHE  KNOWS  OR REASONABLY SHOULD KNOW THAT THE USE OF SUCH
   12  ACCOUNT NUMBER WOULD CONSTITUTE A VIOLATION OF THIS CHAPTER.
   13    UNLAWFUL PURCHASE OR SALE OF A SOCIAL SECURITY ACCOUNT NUMBER  IN  THE
   14  SECOND DEGREE IS A CLASS E FELONY.
   15  S 190.88 UNLAWFUL  PURCHASE  OR SALE OF A SOCIAL SECURITY ACCOUNT NUMBER
   16             IN THE FIRST DEGREE.
   17    A PERSON IS GUILTY OF UNLAWFUL PURCHASE OR SALE OF A  SOCIAL  SECURITY
   18  ACCOUNT NUMBER IN THE FIRST DEGREE WHEN:
   19    1.  HE  OR  SHE  COMMITS  THE  CRIME OF UNLAWFUL PURCHASE OR SALE OF A
   20  SOCIAL SECURITY ACCOUNT NUMBER IN THE SECOND DEGREE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00679-02-9
       A. 3042                             2
    1    (A) HE OR SHE HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST FIVE YEARS
    2  OF UNLAWFUL PURCHASE OR SALE OF A SOCIAL SECURITY ACCOUNT NUMBER IN  THE
    3  SECOND DEGREE AS DEFINED IN SECTION 190.87 OF THIS ARTICLE; OR
    4    (B) HE OR SHE KNOWINGLY SELLS OR OFFERS TO SELL OR PURCHASES OR OFFERS
    5  TO PURCHASE FIFTY OR MORE PERSONS' SOCIAL SECURITY ACCOUNT NUMBERS; OR
    6    2.  WITH INTENT TO FURTHER THE COMMISSION OF UNLAWFUL PURCHASE OR SALE
    7  OF A SOCIAL SECURITY ACCOUNT NUMBER IN THE  SECOND  DEGREE,  HE  OR  SHE
    8  SUPERVISES MORE THAN THREE ACCOMPLICES.
    9    UNLAWFUL  PURCHASE  OR SALE OF A SOCIAL SECURITY ACCOUNT NUMBER IN THE
   10  FIRST DEGREE IS A CLASS D FELONY.
   11    S 2. This act shall take effect on the first of November next succeed-
   12  ing the date on which it shall have become a law.