US 2002 Introduced Identity Theft Legislation Resources in United States
US 2002 Introduced Identity Theft Legislation Resources
| State: | Bill Summary: |
| California | A.B. 2350 Requires the attorney general, no later than July 14, 2003, to establish guidelines for the investigation and prosecution of the crime of identity theft that shall be used by local law enforcement agencies to handle these types of cases. Requires that one year following implementation of these guidelines, but no later than July 14, 2004, the Office of Attorney General publish on its Web site, the number of identity thefts reported and the number of prosecutions pursued statewide each quarter. |
| A.B. 2629 Adds victims of identity theft, as defined, to those persons eligible to request suppression of their registration or driver’s license records. Requires the Department of Motor Vehicles to continue suppression until the person whose records are suppressed submits a letter to the department stating that he or she wishes to end the period of suppression. |
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| A.C.R. 222 Requests the Department of Consumer Affairs, the Controller, and the Teale Data Center, to take preventive measures on behalf of all 250,000 state employees by assuming responsibility, and taking the necessary precautionary steps, to ensure that there is no unauthorized use of personal information that may have been accessed due to the security breach that occurred in mid-April 2002, including contacting credit bureaus and the Social Security Administration to place fraud alerts on the records of affected state employees. |
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| S.B. 1237 Provides that banks shall not require but may use an individual’s mother’s maiden name as an account identifier on accounts established after July 1, 2003. Requires banks that have used an individual’s mother’s maiden name as an identifier for accounts established as of July 1, 2003, to send a written notification to its current account holders indicating that the use of the identifier may pose a potential risk for identity theft and that the individual may contact the bank and request that the use of the identifier be discontinued and that a descriptive word be used. Requires that the written notification be placed in a prominent location on a mailing and would authorize it to be sent as a supplement to a current mailing or by a separate mailing. |
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| Connecticut | H.B. 5744 Allows people who believe that they are identity theft victims to file a complaint of the suspected violation with the law enforcement agency in their town of residence. Requires the agency to investigate the allegation and any other related violations and coordinate, where necessary, investigations with other law enforcement agencies. Allows identity theft offenders to be arraigned in the superior court for the geographical area where the victim lives rather than in the court where either the crime was allegedly committed or the arrest was made. |
| Hawaii | H.B. 381 Establishes criminal and civil remedies for identity theft. |
| Illinois | H.B. 5636 Amends the Financial Identity Theft and Asset Forfeiture Law of the Criminal Code of 1961. Changes the name of the Article to the Identity Theft Law and the names of the offenses of financial identity theft and aggravated financial identity theft to identity theft and aggravated identity theft. Includes in the offense of identity theft: (1) using any personal identification information or personal identification document of another with intent to commit any theft or felony violation of Illinois state law; (2) obtaining, recording, possessing, selling, transferring, purchasing, or manufacturing any personal identification information or personal identification document with intent to commit or to aid or abet another in committing any theft or felony violation of Illinois state law; (3) using, obtaining, recording, possessing, selling, transferring, purchasing or manufacturing any personal identification information or personal identification document of another knowing that such personal identification information or personal identification documents were stolen or produced without lawful authority; or (4) using, transferring, or possessing document-making implements to produce false identification or false documents with knowledge that they will be used by the offender or another to commit any theft or felony violation of state law. |
| S.B. 1786 Amends the Financial Identity Theft and Asset Forfeiture Law of the Criminal Code of 1961. Changes the name of the Article to the Identity Theft Law and the names of the offenses of financial identity theft and aggravated financial identity theft to identity theft and aggravated identity theft. Includes in the offense of identity theft: (1) using any personal identification information or personal identification document of another with intent to commit any theft or felony violation of Illinois state law; (2) obtaining, recording, possessing, selling, transferring, purchasing, or manufacturing any personal identification information or personal identification document with intent to commit or to aid or abet another in committing any theft or felony violation of Illinois state law; (3) using, obtaining, recording, possessing, selling, transferring, purchasing or manufacturing any personal identification information or personal identification document of another knowing that such personal identification information or personal identification documents were stolen or produced without lawful authority; or (4) using, transferring, or possessing document-making implements to produce false identification or false documents with knowledge that they will be used by the offender or another to commit any theft or felony violation of state law. |
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| Kansas | H.B. 2751 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. |
| Maryland | S.B. 559 Vetoed by governor as duplicative 5/15/02 Expands the definition of “personal identifying information” 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. |
| Massachusetts | S.B. 47 Relates to identity theft and consumer rights, defines “credit header.” |
| Michigan | H.B. 5222 Expands the Racketeer Influenced and Corrupt Organization (RICO) Act to include identity theft. |
| H.B. 6192 Specifies that a person could not use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the card and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant. Prohibits a person from using a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information was being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant. |
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| H.B. 6193 Provides that a scanning offense is a Class G felony property offense with a two-year statutory maximum term of imprisonment; and a subsequent scanning offense is a Class F property offense with a four-year statutory maximum term of imprisonment. |
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| New Jersey | S.B. 1332 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. |
| A.B. 1353 S.B. 1020 Protects a person’s computer identity from fraudulent computer impersonation. |
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| A.B. 2122 S.B. 1376 Expands the definition of “personal identifying information” under the “Theft of Identity” statute (N.J.S.2C:21-17); mandates that persons guilty of a theft of identify offense pay restitution and reasonable attorney fees; and establishes a Theft of Identity Crimes and Investigation Unit in the Division of State Police. |
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| A.B. 2146 S.B. 1475 Provides for expungement of records in cases where a victim of an identity theft was mistakenly accused of an offense. |
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| A.B. 2495 Upgrades the offense of identity theft in cases where the victim does not suffer a pecuniary loss or suffers only a small pecuniary loss. Provides that identity theft would be a crime of the fourth degree if the amount involved is less than $500 or if the victim does not suffer a pecuniary loss. |
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| S.B. 54 Provides consumers greater protection against the fraudulent use of consumer credit reports. Requires consumer reporting agencies to permanently retain in the files of consumers, or in a separately individualized file for each consumer, the portion of data in the file that is used by the consumer reporting agency to identify the individual consumer. Requires a consumer reporting agency to use, but not be limited to, the following categories of identifying information: first and last name; month and date of birth; driver’s license number; place of employment; current residence address; previous residence address; and social security number. Specifically prohibits the inclusion of the consumer’s mother’s maiden name in this list of categories. |
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| S.B. 1650 Prohibits a creditor from denying or reducing the credit limit of a person solely because that person was a victim of identity theft. Any creditor who violates the provisions of the bill would be subject to a penalty of up to $5,000 per violation. |
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| New Mexico | H.B. 339 Relates to criminal law; amends the antiterrorism act; amends certain sections of the criminal code that relate to theft of identity and unlawful communications. |
| New York | A.B. 3198 S.B. 218 Relates to credit reporting and obtaining credit; establishes an identity theft and consumer fraud assistance program to facilitate efforts to restore a victim’s credit history; restricts the use of social security numbers for commercial purposes without consent; provides that at the request of a consumer, every credit reporting agency shall provide such consumer one free annual credit report; creates a summary of rights to be included in every credit report. |
| A.B. 3647 S.B. 661 Prohibits identity theft and requires verification of identity for credit applications; imposes standards for verifying the identity of a person applying for instant credit. |
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| A.B. 3648 S.B. 694 Prohibits and penalizes identity theft and similar acts involving the misappropriation of another’s identity; establishes presumptions and affirmative defenses relating thereto; provides for restitution of victims of such crimes; includes access devices within the definition of property for the purposes of larceny, and within the definition of credit card for the purposes of unauthorized or improper use of a credit card. |
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| A.B. 10267 S.B. 6224 Enacts the Personal Privacy Protection Act; creates the Office of Identity Theft Prevention and Protection within the State Consumer Protection Board; requires information custodians to establish information privacy policies and mandates certain disclosure requirements; requires registration of information privacy policies with the office of identity theft and prevention and protection; authorizes the imposition of certain civil liabilities upon violation of the act. |
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| S.B. 7697 Prohibits and penalizes “identity theft” and similar acts involving the misappropriation of another’s identity. |
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| North Carolina | H.B. 1755 Appropriates funds to provide protection against identity theft and voter fraud by requiring either a valid social security number or a valid alien registration number for issuance of a drivers license; requires the Division of Motor Vehicles to determine the validity of any social security number or valid alien registration number submitted on an application for a drivers license; requires that drivers licenses issued based on a valid alien registration shall expire when the valid alien registration expires; invalidates all licenses issued without a valid social security number or valid alien registration number unless the license holder provides a valid number upon request; requires licenses be mailed to the address given by the applicant; prohibits the use of an affidavit to establish residency except in the case of a minor applicant whose parent or guardian has established residency by means other than an affidavit; to require the state Board of Elections to review all voter registrations made through the Division of Motor Vehicles in order to verify the validity of the claim of residency, and to mail address confirmations of residency and citizenship to, at a minimum, all voters registered through the division of motor vehicles who did not furnish a valid social security number, and to notify the General Assembly of the results of the review and verification; and increases the penalty for furnishing nonsworn false information in order to obtain state-issued picture identification to the penalty set for making a false bomb threat. |
| H.B. 1764 Further defines and deters the crime of financial identity fraud and provides additional protections to consumers who are the victims of financial identity fraud. |
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| S.B. 1345 Prevents identity theft through unlawful use of scanning devices |
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| Pennsylvania | H.B. 2081 Regrades the crime of identity theft. Authorizes courts to issue orders to correct public records that contain false information as result of identity theft. Provides venue according to identifying information. |
| H.B. 2082 Requires the Office of Attorney General to establish a regional identity theft unit pilot project and an identity theft victim database. |
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| H.B. 2484 Specifies venue requirements for identity theft cases. |
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| H.B. 2635 Provides for restitution for identity theft. |
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| S.B. 1404 Provides for the Office of Identity Theft Victim Support in the Pennsylvania Commission on Crime and Delinquency and establishes an Identity Theft Advisory Board. |
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| S.B. 1449 Provides for damages for identity theft in actions against commonwealth or political subdivisions; and further provides for exceptions to sovereign and governmental immunity. |
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| Rhode Island | H.B. 7268 Includes the use of financial information with intent to defraud another person or with intent to commit any violation of federal, state or local law as a felony under the impersonation and identity fraud act. |
| South Carolina | S.B. 530 Enacts the “Consumer Identity Theft Protection Act”, to provide for the establishment of an identity theft database by the attorney general, to provide an expedited court procedure for clearing the name of an identity theft victim, to provide strict requirements for identity verification by a credit card issuer, to provide for the blocking of inaccurate credit report information resulting from identity theft, and to provide that the credit agency’s notice and reporting requirements conform to those of the federal Fair Credit Reporting Act. |
| Tennessee | H.B. 1884 S.B. 1009 Specifies that identity theft includes any person who knowingly uses famous person’s or public official’s name as Web site address for purpose of selling such Web site for profit. |
| H.B. 2092 S.B. 2166 Adds the offense of identity theft to the definition of racketeering activity for purposes of Racketeer Influenced and Corrupt Organization (RICO) Act; requires persons or other businesses who entered into transaction where identity theft was involved to disclose certain information to the victim; requires consumer reporting agency to block certain information if consumer is victim of identity theft. |
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| Vermont | H.B. 661 Creates the crime of identity theft. |
| West Virginia | H.R. 25 Directs the Joint Committee on Government Finance to conduct a study of 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. |
| Wisconsin | A.B. 406 Provides that Wisconsin has jurisdiction to prosecute and punish a person who allegedly commits the crime of misappropriation of personal identifying information or a personal identification document while that person is outside Wisconsin, if the victim of the alleged crime is a resident of Wisconsin, regardless of whether any of the other requirements for establishing state jurisdiction are met. |
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