US 2002 Enacted Identity Theft Legislation Resources in United States
US 2002 Enacted Identity Theft Legislation Resources
| State: | Bill Summary: |
| Arizona | H.B. 2282 Signed by governor 4/29/02, Chapter 83 Clarifies that identity theft may occur whether or not the victim suffers any economic loss as a result of the offense; includes professional license numbers in the definition of personal identifying information. |
| S.B. 1052 Signed by governor 4/29/02, Chapter 95 Creates the crime of unlawful use of a scanning device or reencoder and makes the unlawful use of a scanning device or reencoder a Class 6 felony (1 year/up to $150,000 fine). |
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| California | A.B. 1155 Chaptered by secretary of state 9/26/02, Chapter 907 Authorizes a court to impose a fine of $25,000 on a person who receives a felony conviction for conspiring to commit identity theft. Makes it a misdemeanor for a person to obtain, or assist another person in obtaining, a driver’s license, identification card, vehicle registration certificate, or other official document issued by the Department of Motor Vehicles if the person has knowledge that the person obtaining the document is not entitled to it. |
| A.B. 1219 Chaptered by secretary of state 9/25/02, Chapter 851 Authorizes the alleged victim of identity theft to petition for, or the court, on its own motion or upon application of the prosecuting attorney, to move for, an expedited judicial determination of the factual innocence of an alleged victim of identity theft, where the perpetrator of the identity theft was arrested for, cited for, or convicted of a crime under the victim’s identity, or where a criminal complaint has been filed against the perpetrator in the victim’s name, or where the victim’s identity has been mistakenly associated with a record of criminal conviction. Increases the sources upon which a determination of factual innocence may be made to include material, relevant, and reliable information ordered to be part of the record by the court. Authorizes the court that has issued a finding of factual innocence to order the name and associated personal identifying information contained in court records, files, and indexes accessible by the public deleted, sealed, or labeled to show that the data is impersonated and does not reflect the defendant’s identity. |
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| A.B. 1773 Chaptered by secretary of state 9/26/02, Chapter 908 Provides that the jurisdiction of a criminal action for unauthorized use of the personal identifying information of another is the county where the theft occurred or where the information was illegally used, and if multiple offenses of unauthorized use of personal identifying information occur in multiple jurisdictions, as specified, any one of those jurisdictions is a proper jurisdiction for all of the offenses. Provides that a court in which a complaint alleging multiple offenses of unauthorized use of personal identifying information occurring in multiple territorial jurisdictions has been filed shall hold a hearing to consider whether the matter should proceed in the county of filing or whether one or more counts should be severed, as specified. Requires the district attorney filing the complaint to present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. |
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| A.B. 2868 Chaptered by secretary of state 9/28/02, Chapter 1029 Excludes consumer reporting agencies that act only as a reseller of credit information, as specified, that do not maintain a permanent database of credit information from which new credit reports are produced from the requirement to promptly and permanently block information in specified instances. |
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| S.B. 1239 Chaptered by secretary of state 9/25/02, Chapter 860 Requires a consumer credit reporting agency to provide a statement describing the statutory rights of victims of identity theft, as specified, and to provide one free copy each month, for up to 12 consecutive months, of a consumer’s file, upon the request of a consumer who is a victim of identity theft. Excepts certain credit reporting agencies that act only as resellers of credit information collected from other credit reporting agencies, as specified. |
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| S.B. 1254 Chaptered by secretary of state 8/26/02, Chapter 254 Expands the definition of “personal identifying information” to include other identification numbers and other specified information. Provides that every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information, as defined, of another person, is guilty of a crime punishable by imprisonment in the county jail not exceeding a year, a fine not exceeding $1,000, or by both that imprisonment and fine. |
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| S.B. 1259 Chaptered by secretary of state 9/25/02, Chapter 861 Provides that the possession or use, knowingly, willfully, and with the intent to defraud, as specified, of a device designed to scan or reencode information from or to the magnetic strip of a payment card, as defined, would be punishable by a term of imprisonment in a county jail not to exceed one year, or a $1,000 fine, or both the imprisonment and fine. Provides for destruction of those devices owned by the defendant and possessed or used in violation of these provisions, and seizure of various other computer equipment used to store illegally obtained data, as specified. |
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| S.B. 1386 Chaptered by secretary of state 9/26/02, Chapter 915 Requires a state agency, or a person or business that conducts business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the data, as defined, to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Permits the notifications required by its provisions to be delayed if a law enforcement agency determines that it would impede a criminal investigation. Requires an agency, person, or business that maintains computerized data that includes personal information owned by another to notify the owner or licensee of the information of any breach of security of the data, as specified. States the intent of the Legislature to preempt all local regulation of the subject matter of the bill. Makes a statement of legislative findings and declarations regarding privacy and financial security. |
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| Colorado | H.B. 1258 Signed by governor 6/14/02, Chapter 143 Concerns increased protections for victims of identity theft, and in connection therewith, prohibits the processing of credit report entries that are based on identity theft and expedites judicial determinations concerning identity theft. |
| Georgia | S.B. 475 Signed by governor 5/2/02, Act 750 Amends various provisions of the Official Code of Georgia Annotated as they relate to identity fraud and the collection and dissemination of personal identifying and financial information on individuals and businesses so as to protect such information from being utilized in an unlawful manner; amends Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions relating to definitions, financial identity fraud, and racketeer influenced and corrupt organizations; amends Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change provisions relating to data collection for identity fraud cases; amends Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions to allow consistent penalties for identity fraud; amends Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to establish guidelines for proper discarding and disposal of certain business documents containing personal information; to define terms; provides for exceptions; provides for civil liability; and provides for criminal penalties. |
| Hawaii | H.B. 2438 Signed by governor 6/28/02, Act 224 Provides criminal penalties for those who steal the identity of another, and for those who obtain identity documents under false pretenses. |
| Idaho | S.B. 1365 Signed by governor 3/26/02, Chapter 289 Amends and adds to existing law to prohibit the possession and use of scanning devices to read, or reencoders to encode, the magnetic strip or stripe of a financial transaction card without the permission of the authorized user of the card and with the intent to defraud the authorized user, the issuer of the card or a merchant; and to provide for punishment. |
| Illinois | H.B. 5934 Signed by governor 7/16/02, Public Act 92-0686 Amends the Criminal Code of 1961. Provides that a person who is convicted of financial identity theft or aggravated financial identity theft is liable in a civil action to the person who suffered damages as a result of the violation. Provides that the person may recover court costs, attorney’s fees, lost wages, and actual damages. |
| S.B. 2271 Signed by governor 8/6/02, Public Act 92-0792 Amends the Criminal Code of 1961. In the offense of financial identity theft, deletes the provision that the offender must obtain credit, money, goods, services, or other property in the name of the person whose personal identifying information or personal identification document the offender is using. |
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| Maryland | H.B. 358 Signed by governor 5/16/02, Chapter 509 Expands the definition of “personal identifying information” related to the crime of fraud to include payment device numbers; expands the crime of fraud involving personal identifying information to include possession or aiding another in possessing the personal identifying information of an individual under specified circumstances; alters the penalties for fraud involving personal identifying information; provides statewide jurisdiction for specified law enforcement officers investigating specified crimes of fraudulent use. |
| Nebraska | L.B. 276 Signed by governor 4/16/02 Amends the crime of and penalties for criminal impersonation and financial transaction devices; provides for restitution; prohibits the printing of payment card numbers and the use of scanning devices or reencoders as prescribed. |
| New Jersey | A.B. 1346 Signed by governor 10/16/02, Chapter 85 Includes the term “personal identifying information” in the general definitional section in chapter 20 of Title 2C concerning theft and related offenses. Amends N.J.S.2C:21-2.1, concerning sale of a driver’s license or other government issue document, to specifically include “personal identifying information” in the four offenses set forth therein. Amends N.J.S.2C:21-1, forgery, to clarify that the term “information” includes, but is not limited to personal identifying information. Includes a reference to N.J.S.2C:21-17 in the section in the bill providing for specific relief for victims such as restitution including costs incurred by the victim in clearing the credit history or credit rating of the victim; or in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the offense. Adds a new section to the bill which amends N.J.S.2C:21-17, concerning theft of identity. The amendments remove the definitional paragraph concerning “personal identifying information” since the term is being placed in the general definitional section and being defined more broadly. |
| New York | A.B. 4939 Signed by governor 10/2/02, Chapter 619 Prohibits and penalizes “identity theft” and similar acts involving the misappropriation of another’s identity. |
| Ohio | H.B. 309 Signed by governor 6/28/02 Revises the elements of and the penalty for taking the identity of another and renames the offense as identity fraud, to permit a discharged member of the armed forces to expunge specified items from the county recorder’s record of discharge and other service-related documents, and requires a county recorder to post a notice stating that anything filed in the recorder’s office is a public record. |
| Pennsylvania | H.B. 1546 Signed by governor 6/19/02, Act 62 Provides for the statute of limitations for the civil cause of action for identity theft and for damages in actions for identity theft. |
| S.R. 206 Adopted by Senate 6/4/02 Memorializes Congress to amend the Fair Credit Reporting Act to permit victims of identity theft to bring suit any time within two years of discovery of the fraud. |
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| Utah | H.B. 64 Signed by governor 3/18/02, Session Law Chapter 122 Amends the definition of “unsolicited telephone call.” Adjusts the bonding requirements for those making telephone solicitations. Amends the provision for investigations of identity theft violations. |
| West Virginia | H.C.R. 73 Passed Senate 3/9/02 Requests a study on the effects of identity theft and the effects of proposed federal regulations relating to anti-terrorist measures on the citizens and financial institutions of West Virginia. |
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