Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft

Title of bill

An act to amend the penal law, in relation to identity theft

Purpose

: This bill seeks to clarify the personal identifying information and what acts constitute the offense of identity theft.

Summary of specific provisions

Section one of this bill would amend the penal law to define the list of biometric personal identification information as any data that captures or enables the reproduction of unique physical attributes of another person.

Section two of this bill would amend the penal law to expand the criminal use of personal identifying information to the intent to sell or distribute such information; and, expand the scope of offenses which constitute the crime of identity theft in the second degree.

Section three of this bill would amend the penal law by further defining the list of biometric personal identification information as any data that captures or enables the reproduction of unique physical attributes of another person for the offenses of unlawful possession of personal identification information in the third degree.

Section four of this bill would amend the penal law by further defining the list of biometric personal identification information as any data that captures or enables the reproduction of unique physical attributes of another person for the offenses of unlawful possession of personal identification information in the second degree.

Justification

: According to the United States General Accounting Office Report on Identity Theft, the FTC Identity Theft Data Clearinghouse received a weekly average of 3,000 answered calls.

New York State is listed only behind California as the leading state for identity theft complaints. The United States Public interest Research Group estimated that banks lose approximately $100 million annually due to identity theft, and that number continues to grow.

The "big three" consumer credit reporting agencies report that they receive hundreds of calls every day from identity theft victims. Some courts view the banks and other entities that issue credit as the only victims in these cases.

Unfortunately, consumers who have been left with damaged reputations, bad credit reports and the resource-consuming task of trying to correct the false credit record information, are also victims.

This legislation seeks to enhance the existing law by expanding the scope of criminal offenses relating to identity theft by including any such data that captures or enables the reproduction of unique physical attributes of another person. In this new era of technological marvels, every day provides for advances across many technological fronts. However, with the advance of different and new technologies comes the increased possibility that individuals will utilize the various advances for nefarious purposes.

Residents of New York deserve the greatest level of protection possible against the ever evolving technologies criminals will utilize. This bill seeks to take constructive steps to provide that protection.

Prior legislative history

: 2006 - S.7211A - Passed Senate; 2008 - S3653 - Referred to Standing Committee on Codes.

Fiscal implications

None Noted. EFFECTIVE DATE: : This act would take effect immediately.