Bill Text: NY S05222 | 2019-2020 | General Assembly | Introduced


Bill Title: Removes the $250 economic harm requirement from the felony commercial bribery statutes; expands the crime of larceny to include theft of personal identifying information, computer data, computer programs, and services, to adapt to modern technological realities; provides state jurisdiction and county venue over cases involving larceny of personal identifying information, computer data, and computer programs, where the victim is located in the state or the county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-16 - REFERRED TO CODES [S05222 Detail]

Download: New_York-2019-S05222-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5222
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 16, 2019
                                       ___________
        Introduced  by  Sen. SKOUFIS -- 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 the crimes  of  commercial
          bribery  and  larceny;  and  to  amend  the criminal procedure law, in
          relation to jurisdiction for personal  identifying  information  theft
          crimes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 180.03 of the penal law, as amended by chapter  577
     2  of the laws of 1983, is amended to read as follows:
     3  § 180.03 Commercial bribing in the first degree.
     4    A  person  is guilty of commercial bribing in the first degree when he
     5  or she confers, or offers or agrees to  confer,  any  benefit  upon  any
     6  employee, agent or fiduciary without the consent of the latter's employ-
     7  er or principal, with intent to influence his or her conduct in relation
     8  to  his  or her employer's or principal's affairs, and when the value of
     9  the benefit conferred or offered or agreed to be conferred  exceeds  one
    10  thousand  dollars [and causes economic harm to the employer or principal
    11  in an amount exceeding two hundred fifty dollars].
    12    Commercial bribing in the first degree is a class E felony.
    13    § 2. Section 180.08 of the penal law, as amended by chapter 577 of the
    14  laws of 1983, is amended to read as follows:
    15  § 180.08 Commercial bribe receiving in the first degree.
    16    An employee, agent or fiduciary is guilty of commercial bribe  receiv-
    17  ing in the first degree when, without the consent of his or her employer
    18  or  principal, he or she solicits, accepts or agrees to accept any bene-
    19  fit from another person upon an agreement  or  understanding  that  such
    20  benefit  will  influence  his  or  her conduct in relation to his or her
    21  employer's or principal's affairs, and when the  value  of  the  benefit
    22  solicited,  accepted  or  agreed  to  be  accepted  exceeds one thousand
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06185-02-9

        S. 5222                             2
     1  dollars [and causes economic harm to the employer  or  principal  in  an
     2  amount exceeding two hundred fifty dollars].
     3    Commercial bribe receiving in the first degree is a class E felony.
     4    §  3. Section 155.00 of the penal law, subdivisions 1 and 8 as amended
     5  by chapter 514 of the laws of 1986, subdivision 6 as  added  by  chapter
     6  791  of  the  laws of 1967, subdivision 7 as added by chapter 115 of the
     7  laws of 1969, subdivision 7-a as added by chapter 556  of  the  laws  of
     8  1987, subdivision 7-b as added by chapter 81 of the laws of 1995, subdi-
     9  vision  7-c  as amended by chapter 171 of the laws of 1993, and subdivi-
    10  sion 9 as added by chapter 530 of the laws of 1975, is amended  to  read
    11  as follows:
    12  § 155.00 Larceny; definitions of terms.
    13    The following definitions are applicable to this title:
    14    1.  "Property"  means  any  money,  personal  property, real property,
    15  computer data, computer program, personal identifying information, thing
    16  in action, evidence of debt or contract, or any  article,  substance  or
    17  thing of value, including any gas, steam, water or electricity, which is
    18  provided for a charge or compensation.
    19    2.  "Obtain"  includes, but is not limited to, the bringing about of a
    20  transfer or purported transfer of property or of a legal interest there-
    21  in, whether to the obtainer or another.  With regard to personal identi-
    22  fying information, computer data or a computer program, obtain  includes
    23  duplicating,  recording, copying, downloading, uploading or printing out
    24  the information, data,  or  program,  or  obtaining  a  physical  object
    25  containing  such information.   With regard to service, obtain includes,
    26  but is not limited to, using or accessing a service.
    27    3. "Deprive." To "deprive" another of property means (a)  to  withhold
    28  it  or  cause  it  to  be withheld from him or her permanently or for so
    29  extended a period or under such circumstances that the major portion  of
    30  its  economic  value or benefit is lost to him or her, or (b) to dispose
    31  of the property in such manner or under such circumstances as to  render
    32  it unlikely that an owner will recover such property.  When the property
    33  is  personal  identifying  information,  computer  data  or  a  computer
    34  program, to deprive another of it means to obtain it or  cause  a  third
    35  person  to obtain it under such circumstances that a substantial portion
    36  of the economic benefit or value of having control over it or  authority
    37  over  its  use  is lost to an owner. To deprive another of service is to
    38  use or access a service or cause a third  person  to  use  or  access  a
    39  service  under  such  circumstances that some of the economic benefit or
    40  value of having control or authority over providing the service is  lost
    41  to an owner.
    42    4. "Appropriate." To "appropriate" property of another to oneself or a
    43  third  person  means  (a) to exercise control over it, or to aid a third
    44  person to exercise control over it, permanently or  for  so  extended  a
    45  period  or  under  such circumstances as to acquire the major portion of
    46  its economic value or benefit, or (b) to dispose of the property for the
    47  benefit of oneself or a third person.   When the  property  is  personal
    48  identifying information, computer data or a computer program of another,
    49  to  appropriate it to oneself or a third person means to obtain it under
    50  such circumstances as to acquire the ability to use it or dispose of  it
    51  to  the economic benefit of oneself or a third person or to the economic
    52  detriment or damage of an owner. To appropriate a  service  provided  by
    53  another  to oneself or a third person means to use or access the service
    54  under such circumstances as to acquire the ability  to  use  it  to  the
    55  economic  benefit of oneself or a third person or to the economic detri-
    56  ment or damage of an owner.

        S. 5222                             3
     1    5. "Owner." When property or service is taken, obtained or withheld by
     2  one person from another person, an "owner" thereof means any person  who
     3  has  a  right  to  possession  [thereof]  of  the property or a right to
     4  provide the service superior to that of the taker, obtainer or withhold-
     5  er.
     6    A  person  who has obtained possession of property or service by theft
     7  or other illegal means shall be deemed to have a right of possession  of
     8  the  property  or  a  right to provide the service superior to that of a
     9  person who takes, obtains or withholds it from him or her  by  larcenous
    10  means.
    11    A  joint  or  common  owner  of property shall not be deemed to have a
    12  right of possession thereto superior to  that  of  any  other  joint  or
    13  common owner thereof.
    14    In  the  absence  of a specific agreement to the contrary, a person in
    15  lawful possession of property  shall  be  deemed  to  have  a  right  of
    16  possession  superior to that of a person having only a security interest
    17  therein, even if legal title lies with the holder of the security inter-
    18  est pursuant to a conditional sale contract or other security agreement.
    19    6. "Secret scientific material" means a sample, culture,  micro-organ-
    20  ism,  specimen,  record, recording, document, drawing or any other arti-
    21  cle,  material,  device  or  substance  which  constitutes,  represents,
    22  evidences,  reflects,  or  records  a  scientific  or technical process,
    23  invention or formula or any part or phase thereof, and which is not, and
    24  is not intended to be, available to anyone  other  than  the  person  or
    25  persons  rightfully  in  possession  thereof  or selected persons having
    26  access thereto with his, her or their consent, and when  it  accords  or
    27  may  accord  such  rightful  possessors an advantage over competitors or
    28  other persons who do not have knowledge or the benefit thereof.
    29    7. ["Credit card" means any instrument or article defined as a  credit
    30  card in section five hundred eleven of the general business law.
    31    7-a.  "Debit  card" means any instrument or article defined as a debit
    32  card in section five hundred eleven of the general business law.
    33    7-b. "Public benefit card" means any  medical  assistance  card,  food
    34  stamp  assistance card, public assistance card, or any other identifica-
    35  tion, authorization card or electronic access device issued by the state
    36  or a social services district as defined in subdivision seven of section
    37  two of the social services law, which entitles a person to obtain public
    38  assistance benefits under a local, state or federal program administered
    39  by the state, its political subdivisions or social services districts.
    40    7-c. "Access device" means any telephone calling card  number,  credit
    41  card  number,  account  number, mobile identification number, electronic
    42  serial number or personal identification number  that  can  be  used  to
    43  obtain  telephone  service.]  "Personal identifying information" means a
    44  person's date of birth, driver's license number, social security number,
    45  personal identification number, financial  services  account  number  or
    46  code,  savings  account number or code, checking account number or code,
    47  brokerage account number or code, credit card account  number  or  code,
    48  debit  card  number  or  code,  automated teller machine number or code,
    49  taxpayer identification number, computer system password,  signature  or
    50  copy of a signature, electronic signature, unique biometric data that is
    51  a fingerprint, voice print, retinal image or iris image, telephone call-
    52  ing card number, mobile identification number or code, electronic serial
    53  number  or  personal  identification  number, or any other name, number,
    54  code or information that may be used alone or in conjunction with  other
    55  such  information  to  assume  the  identity of another person or access
    56  financial resources or credit of another person, or any physical  object

        S. 5222                             4
     1  containing such information, such as a printout or other written materi-
     2  al,  driver's  license  or other identity card, credit card, debit card,
     3  public benefit card, automated teller or other  transactional  card,  or
     4  computer, hard drive, or other data storage device. In this subdivision,
     5  "person"  has all the meanings set forth in subdivision seven of section
     6  10.00 of this chapter; "electronic signature" has the  meaning  provided
     7  in subdivision three of section three hundred two of the state technolo-
     8  gy  law;  "credit  card"  and "debit card" have the meanings provided in
     9  section five hundred eleven of the general business law; "public benefit
    10  card" means any medical assistance card,  food  stamp  assistance  card,
    11  public  assistance card, or any other identification, authorization card
    12  or electronic access device issued by the state  or  a  social  services
    13  district  as  defined  in subdivision seven of section two of the social
    14  services law which entitles a person to obtain public  assistance  bene-
    15  fits  under a local, state or federal program administered by the state,
    16  its political subdivisions or social services districts.
    17    8. "Service" includes, but is not  limited  to,  [labor,  professional
    18  service,] a computer service, transportation service, telecommunications
    19  service,  cable  or satellite television service, microwave transmission
    20  service, the supplying of service pursuant to a public  or  governmental
    21  benefit  program,  including  housing and medical care, the supplying of
    22  service pursuant to an insurance policy or  program,  the  supplying  of
    23  hotel  accommodations, restaurant services, entertainment, the supplying
    24  of equipment for use, and the supplying of commodities of a public util-
    25  ity nature such as gas, electricity, steam and water. A ticket or equiv-
    26  alent instrument which evidences a right to receive a service is not  in
    27  itself  service  but constitutes property within the meaning of subdivi-
    28  sion one.
    29    9. ["Cable television service" means any and all services provided  by
    30  or  through  the  facilities  of  any  cable television system or closed
    31  circuit coaxial cable communications system, or any microwave or similar
    32  transmission service used in connection with any cable television system
    33  or other similar closed circuit coaxial  cable  communications  system.]
    34  "Computer  program"  means  an  ordered  set  of data representing coded
    35  instructions or statements that, when executed by  computer,  cause  the
    36  computer  to  process data or direct the computer to perform one or more
    37  computer operations or both and may be in any form,  including  magnetic
    38  storage  media, punched cards, or stored internally in the memory of the
    39  computer.
    40    10. "Computer data" means a representation of information,  knowledge,
    41  facts,  concepts or instructions which are being processed, or have been
    42  processed in a computer and may be in any form, including magnetic stor-
    43  age media, punched cards, or stored internally  in  the  memory  of  the
    44  computer.
    45    §  4.  Paragraph (l) of subdivision 4 of section 20.40 of the criminal
    46  procedure law, as amended by section 3 of subpart C of part C of chapter
    47  97 of the laws of 2011, is amended to read as follows:
    48    (l) An offense of identity theft or unlawful  possession  of  personal
    49  identifying  information, and any other offense based on the allegations
    50  underlying either of those offenses, and all criminal acts committed  as
    51  part  of  the same criminal transaction as defined in subdivision two of
    52  section 40.10 of this chapter may be prosecuted (i)  in  any  county  in
    53  which part of the offense took place regardless of whether the defendant
    54  was  actually present in such county, or (ii) in the county in which the
    55  person who suffers financial loss resided at the time of the  commission
    56  of  the  offense, or (iii) in the county where the person whose personal

        S. 5222                             5
     1  identifying information was  used  in  the  commission  of  the  offense
     2  resided  at  the time of the commission of the offense. The law enforce-
     3  ment agency of any such county shall take a police report of the  matter
     4  and provide the complainant with a copy of such report at no charge.
     5    § 5. This act shall take effect on the first of November next succeed-
     6  ing the date on which it shall have become a law.
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