Provides a cogent and logical framework for the myriad identity theft laws that have been passed in response to the rapidly changing nature of identity theft crimes

The new Article 191 creates the E felony of Identity Theft in the Fourth Degree; the D felony of Identity Theft in the Third Degree, the C felony of Identity Theft in the Second Degree; and the B felony of Identity Theft in the First Degree. The Article includes vulnerable elderly people, minors, and physically and mentally disabled people into those protected by the Aggravated Identity Theft section. The Article makes technical corrections to PL 191.35, 191.40 and 191.45 by changing personal identification information to personal identifying information, and including Social Security numbers in the definition.

2. CPL § 20.40(4)(1), PL §460.10(1) are amended to conform with the above Article 191.

3. General Business Law § 899-aa(b), and State Technology Law § 208(1)(a) are amended to include medical information and health insurance information in the list of identifying items and to define the terms "medical information" and "health insurance information."

Purpose and justification

Identity theft as we know it did not exist a decade ago. The laws governing identity theft and related crimes reflect the attempt to keep pace with the constant evolution of this technology-driven crime. Unfortunately, the rapidity with which change occurred left legislators without the luxury of assessing the panacea of identity theft-related crimes and crafting a comprehensive law. The result is a patchwork of laws and amendments that allow some perpetrators to slip through the cracks.

Identity theft continues to increase throughout New York State, and the economic recession has only accelerated this problem. in order to protect New Yorkers and to penalize thieves who steal identities as a means of illicitly procuring money, goods and services that rightfully belong to others, we need to revise the Identity Theft laws by creating a new Penal Law Article 191. These revisions recognize and address the reality that identity thieves often target multiple victims and steal large amounts of money. Therefore in addition to establishing dollar thresholds, the new article establishes thresholds for the number of victims a perpetrator steals from.

The revisions also correct some technical problems with existing law. Most importantly, they create standard terminology regarding personal identifying information, which previously switched between "personal identifying" and "personal identification" information. Finally, it lists the most frequently found companion crimes and expands the venue provision that already existed in the identity theft laws to include those companion crimes. This is pragmatic legally and financially - defenders, prosecutors, courts, and defendants will no longer need to try parts of the same case in multiple counties, wasting resources and risking claims of double jeopardy.

Prior legislative history

None

Fiscal implications

None

Effective date

This act shall take effect 30 days after it is signed into law.