US 2003 Introduced Identity Theft Legislation Resources

US 2003 Introduced Identity Theft Legislation Resources in United States

US 2003 Introduced Identity Theft Legislation Resources

State: Bill Summary:
Alabama S.B. 481
Provides that a person commits the crime of identity theft if he or she, without authorization of a business victim, and with the intent to defraud, obtains an identification document containing the trademark or trade name of another, obtains an identification document containing the logo or legal or official seal of a government agency, or obtains an identification document issued to or on behalf of another person. Requires a victim of identity theft to report the incident to his or her local law enforcement agency. Requires a law enforcement agency that receives a report of identity theft to forward the report to the local district attorney’s office and to the state attorney general’s office. Requires the state attorney general’s Office of Consumer Affairs to maintain a repository for all complaints of identity theft. Authorizes the attorney general to give a certification to a consumer victim that the person has been a victim of identity theft. Provides that the attorney general and prosecuting attorneys have the authority to prosecute all cases of identity fraud. Increases the damages a consumer victim may obtain from an identity theft for any loss suffered as a result of the identity theft and allows a business victim to obtain civil damages from an identity thief for any loss suffered as a result of the identity theft. Provides for the manner in which a business may dispose of a customer’s personal information. Provides for the imposition of criminal fines when a business fails to properly dispose of a customer’s personal information.
S.B. 582
Provides that a person commits the crime of identity theft if he or she, without authorization of a business victim, and with the intent to defraud, obtains an identification document containing the trademark or trade name of another, obtains an identification document containing the logo or legal or official seal of a government agency, or obtains an identification document issued to or on behalf of another person. Requires a victim of identity theft to report the incident to his or her local law enforcement agency. Requires a law enforcement agency that receives a report of identity theft to forward the report to the local district attorney’s office and to the state attorney general’s office. Requires the state attorney general’s Office of Consumer Affairs to maintain a repository for all complaints of identity theft. Authorizes the attorney general to give a certification to a consumer victim that the person has been a victim of identity theft. Provides that the attorney general and prosecuting attorneys have the authority to prosecute all cases of identity fraud. Increases the damages a consumer victim may obtain from an identity theft for any loss suffered as a result of the identity theft and allows a business victim to obtain civil damages from an identity thief for any loss suffered as a result of the identity theft. Provides for the manner in which a business may dispose of a customer’s personal information. Provides for the imposition of criminal fines when a business fails to properly dispose of a customer’s personal information.
California A.B. 215
Expands the offense that every person who willfully obtains personal identifying information about another person, as defined, and uses that information for any unlawful purpose is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or a fine not to exceed $1,000, or both, or by imprisonment in the state prison, or a fine not to exceed $10,000, or both. Includes persons who willfully obtain personal identifying information, as defined, with the intent to use the information for any unlawful purpose.
A.B. 239
Died pursuant to Art. IV, Sec. 10(c) of the Constitution 2/2/04
Imposes a one-year sentence enhancement for each violation if the victim of identity theft or a false impersonation was under 18 years of age at the time of the offense and if the convicted person knew or reasonably should have known that fact. Imposes a one-year sentence enhancement, in addition to the enhancement described above, for each violation of these provisions if the person convicted is an adult relative or guardian of the victim, or received identifying information about the victim from an adult relative or guardian of the victim. Imposes a one-year sentence enhancement if a person is convicted of transferring the personal identifying information of another with the intent to defraud if the victim was under 18 years of age at the time the offense was committed and if the convicted person is an adult relative or guardian of the victim. Requires that each enhancement be imposed in addition and consecutive to the penalty otherwise applicable for the offense.
A.B. 543
Died pursuant to Art. IV, Sec. 10(c) of the Constitution 2/2/04
Provides that as regards a criminal action for unauthorized use of the personal identifying information of another for which there is jurisdiction somewhere in California, there shall also be jurisdiction in the county of residence of the person whose personal identifying information is used without authorization. Makes the county of residence of the person whose personal identifying information is used without authorization a proper jurisdiction for the prosecution of multiple offenses of this type, as specified.
A.B. 1776
Specifies that a foreign corporation’s irrevocable consent to service of process includes service of search warrants in addition to those already specified, service of subpoenas, and of requests for information concerning applications or accounts in the name of a victim of identity theft. States that the irrevocable consent to service of process for all these specified means of gathering records extends to records located both inside and outside of the state. Explicitly permits the same means of serving a foreign corporation as are authorized in the provisions authorizing special communications warrants to apply to any search warrant, subpoena, or the specified request for identity theft records.
S.B. 425
Passed Senate 6/4/03
Specifies that the acquisition, transfer, or retention of possession of personal identifying information of each person in violation of the identity theft provisions would be a separate and distinct offense.
Connecticut H.B. 5976
Failed Joint Favorable Deadline 03/25/03
Requires the Department of Motor Vehicles to conduct a study regarding measures to prevent identity theft and the issuance of false motor vehicle operator’s licenses.
H.B. 6645
Failed Joint Favorable Deadline 3/25/03
Allows consumers to place security alerts and security freezes on their credit reports.
District of Columbia B15-0038
Creates the Identity Theft Prevention Act of 2003.
Florida H.B. 1095
Died in committee 5/2/03
Increases the level of felony for certain offenses involving identity theft; provides minimum mandatory penalties; deletes reference to identity theft felonies subject to a minimum mandatory penalty from the offense severity ranking chart.
H.B. 1161
Laid on Table 5/2/03
Relates to identity theft and Internet fraud prevention, investigation, and prosecution; expands the definition of personal identification information; revises the elements of the offense of criminal use of personal identification information in which such use results in an unlawful benefit, injury, or fraud; provides for mandatory minimum terms of imprisonment for certain acts of criminal use of personal identification information; clarifies that Florida judges with jurisdiction over specific crimes have authority to issue search warrants for electronic evidence relating thereto, regardless of where the electronic evidence is situated; provides for self-authentication for out-of-state business records under certain circumstances with notice to opponent.
S.B. 2596
Died in committee 5/2/03
Relates to identity theft and Internet fraud prevention, investigation, and prosecution; provides for penalty provisions for the commission of a first degree and second degree felony concerning identity theft under certain circumstances; provides for higher offense severity levels in identity theft cases under certain circumstances; provides that every Florida consumer may be provided two free credit reports a year; clarifies that Florida judges with jurisdiction over specific crimes have authority to issue search warrants for electronic evidence relating thereto, regardless of where the electronic evidence is situated; providing for self-authentication for out-of-state business records under certain circumstances with notice to opponent.
Georgia S.B. 349
Relates to identity fraud, so as to change certain provisions regarding definitions; changes certain provisions regarding investigations; changes certain provisions regarding authority of the administrator; changes certain provisions regarding exemptions; provides for additional violations; changes certain provisions regarding damages, defenses, and service; and changes certain provisions regarding investigation results.
Hawaii H.B. 1447
Creates a misdemeanor crime for any institution-affiliated party who knowingly copies without authorization the books, papers, records or documents belonging to or in the custody of a Hawaii financial institution, for the party’s own use or for the use of any other person other than in the ordinary and regular course of the party’s duties, shall be guilty of a misdemeanor.
Illinois H.B. 354
Amends the Criminal Code of 1961 relating to financial identity theft. Increases the penalty for financial identity theft of property not exceeding $300 from a Class A misdemeanor to a Class 4 felony.
H.B. 1486
Total Veto stands 11/6/03
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 felony theft or other 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 felony theft or other 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 felony theft or other felony violation of state law.
H.B. 2187
Passed House 4/4/03
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a person who uses a consumer credit report in connection with the approval of credit based on an application for an extension of credit, and who discovers that the address on the credit application does not match, within a reasonable degree of certainty, the address or addresses listed, if any, on the consumer credit report, shall take reasonable steps to verify the accuracy of the address provided on the application for the extension of credit and that the application is not the result of financial identity theft. Provides that a person that uses a consumer credit report in connection with the approval of credit based on the application for an extension of credit, and who has received notification that the applicant has been a victim of financial identity theft, may not lend money or extend credit without taking reasonable steps to verify the consumer’s identity and confirm that the application for an extension of credit is not the result of financial identity theft. Provides that a consumer who suffers damages as a result of a violation of these provisions by any person may bring an action in a court of appropriate jurisdiction against that person to recover actual damages, court costs, attorney’s fees, and punitive damages of not more than $30,000 for each violation, as the court deems proper.
H.B. 2410
Amends the Criminal Code of 1961. Makes technical changes in the Section defining the offense of financial identity theft.
H.B. 3336
Amends the Criminal Code of 1961. Creates the offense of computer impersonation. Provides that a person commits the offense when he or she accesses a computer, computer system, or computer network and assumes the computer identity of another person. Provides that a violation is a Class 4 felony.
S.B. 1340
Amends the Criminal Code of 1961. Makes technical changes in the Section defining the offense of financial identity theft.
Indiana H.B. 1993
Specifies that a person’s address, telephone number, place of employment, employer identification number, and mother’s maiden name constitute identifying information for purposes of the identity theft statute. Provides that a person commits identity theft if the person acts with intent to assume another person’s identity or holds himself or herself out as being another person. Requires the trial court, upon motion, to issue an order describing the victim of a crime of deception and permits this order to be used in correcting the victim’s credit history. Makes technical corrections.
S.R. 14
Urges the establishment of an interim study committee on identity theft.
Iowa S.F. 43
Changes the crime of identity theft by removing from the elements of the crime the “intent to obtain a benefit fraudulently” requirement. Under the bill a person commits identity theft when the person uses or attempts to use identification information of another person to obtain credit, property, or services without authorization from that other person.
Kansas H.B. 2057
Amends the identity theft statute definition provision by deleting the requirement that identity theft must have been done for economic benefit. Substitutes the term for “any” benefit. Maintains the penalty for identity theft for economic benefit as a severity level 7 person felony. The penalty for identity theft for noneconomic benefit is a class A nonperson misdemeanor.
H.B. 2351
Requires the attorney general’s office to design and provide for the issuance of a certificate to give to victims of identity theft in order to prove to financial institutions that the debt incurred is not their debt.
Louisiana H.B. 434
Provides for protection for the victims of identity theft. Provides for administration by Office of Financial Institutions, improvident extension of credit, information to be made available by creditors, police reports, forms to be used in requesting information from victims, and readily available information on the rights and responsibilities of victims of identity theft. Provides for procedures and protocols for cross-jurisdictional efforts by multiple law enforcement agencies, prohibits the use of social security numbers, provides for copies of credit reports, confiscation of documents in the possession of persons who commit identity theft, expedited expungement and destruction of erroneous criminal records, damages, and compliance with federal law.
Maryland H.B. 393
Provides statewide jurisdiction for the Park Police of the Maryland-National Capital Park and Planning Commission investigating the crime of fraudulent use of personal identifying information; and specifies limitations on the authority of the police.
H.B. 877
Requires a financial institution, upon the request of an individual who has been the victim of identity fraud, to provide to the individual or a law enforcement officer, agency, or department specified by the individual, copies of specified application forms, application information, and records; requires a financial institution to take specified steps before providing an individual with specified copies.
Massachusetts H.B. 1634
Relates to the penalties for the crime of identity theft.
H.B. 2507
Relates to law enforcement investigations of identity theft.
H.B. 2740
Relates to the penalty imposed for identity fraud.
H.B. 2921
Relates to the protection of consumers from identity theft; authorizes security alerts and freezes on consumer reports.
S.B. 57
Relates to the theft of identity in consumer transactions; allows consumers to close their consumer reports.
S.B. 159
Amends definitions to protect charities and other organizations from identity theft.
Michigan S.B. 161
Prohibits the use of scanning device or reencoder to defraud and provides penalties.
S.B. 176
Amends the sentencing guidelines for the crime of using a scanning device or reencoder to defraud.
S.B. 792
Creates the “Identity Theft Protection Act” to do all of the following:  1) Prescribes a criminal penalty for committing identity theft or obtaining or attempting to obtain another person’s personal identifying information in order to commit identity theft or another illegal act.  2)  Prohibits denying credit to, or reducing the credit limit of, a person because he or she was a victim of identity theft.  3) Prohibits certain practices regarding offering or extending credit.  4) Allows a law enforcement agency, financial institution, or other person to request copies of a vital record in order to enforce the proposed Act or investigate or prevent identity theft.  5) Allow an identity theft victim to request that the secretary of state suppress information.  6) Creates an Identity Theft Advisory Board to study data from identity theft cases in Michigan.  7) Repeals a prohibition against obtaining another’s personal identity information for certain purposes with the intent to use that information unlawfully.
S.B. 793
Amends the Code of Criminal Procedure to designate the jurisdictions in which an identity theft offender could be prosecuted.
S.B. 794
Amends the Code of Criminal Procedure to allow an identity theft victim to apply to the county prosecuting attorney or the attorney general for a certificate stating that he or she was the victim of identity theft; allows the prosecuting attorney or the attorney general to issue such a certificate; and provides for the revocation of a certificate.
S.B. 796
Creates a new act to require the Department of State Police to establish and maintain a database of identity theft victims.
S.B. 797
Amends the Code of Criminal Procedure to include a violation of the proposed Identity Theft Protection Act in the sentencing guidelines.
S.B. 798
Amends the Michigan Consumer Protection Act to prohibit as an unfair trade practice denying credit to, or reducing the credit limit of, a consumer because his or her personal identity information had been obtained illegally.
S.B. 803
Amends the Code of Criminal Procedure to extend the period of limitations for identity theft when a previously unidentified person who provided evidence was identified.  Under the Code, an indictment must be found and filed within six years after an offense is committed (except as provided for particular offenses).
S.B. 878
Relates to the rights of victims of identity theft; makes information available to those victims; provides a means of allowing victims of identity theft to establish their identity and keep a record of that identity on file with the Department of State Police; imposes duties on licensed collection agencies; designates certain practices as unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce.
S.B. 879
Prohibits collection agencies from communicating with consumers contrary to identity theft victim’s rights act.
S.B. 880
Includes a violation of identity theft victim’s rights act as violation of consumer protection act.
S.R. 156
Proclaims October 2003 as Identity Theft Awareness Month in Michigan.
Minnesota H.F. 431
S.F. 254
Relates to crime prevention; increases criminal penalties for the crime of identity theft; requires sentencing guidelines modifications related to aggravating factors and consecutive sentences.
H.F. 463
S.F. 514
Relates to crimes; prohibits theft of mail; prescribes penalties; provides venue for identity theft and theft of mail.
H.F. 821
Relates to crime; provides reporting procedures and venue for identity theft.
H.F. 980
S.F. 969
Prohibits use of electronic scanning devices to capture encoded information from a credit or other financial transaction card, and placing it on another card, with intent to defraud; prohibits merchants who accept credit cards from printing more than the last five digits of the card; prescribes penalties.
Missouri H.B. 658
Makes it a class A misdemeanor when the identity theft results in the theft or appropriation of credit, money, goods, services, or other property valued at less than $500. Makes it a class D felony when the value of the stolen property is more than $500 but less than $1,000. Makes it a class C felony when the value of the stolen property is more than $1,000 and less than $10,000. Makes it a class B felony when the value of the stolen property is more than $10,000 and less than $100,000. Makes it a class A felony when the value of the stolen property is more than $100,000. Makes the identity thief liable to the victim for civil damages of up to $5,000 per incident or three times the amount of actual damages, whichever is greater. Allows the victim to seek a court order restraining the identity thief from future acts that would constitute identity theft. In these actions, the court may award reasonable attorney fees to the prevailing party. Clarifies that the estate of a deceased person may pursue civil remedies when the estate is a victim of identity theft. Sets forth venue requirements for civil suits regarding identity theft, sets a limitation on civil suits at three years, and clarifies that a criminal conviction is not a prerequisite for a civil claim. Clarifies that identity theft does not include a minor’s misrepresentation of age by using an adult person’s identification. Makes a second offense a class D felony when the value of the property is less than $500. Creates the crime of trafficking in stolen identities, a class B felony, which is evidenced by possession of five or more identification documents.
Nevada S.B. 379
Relates to personal identifying information; prohibits the public display of certain personal identifying information under certain circumstances and provides certain remedies; provides that a consumer may place a security alert or security freeze in certain files maintained by a reporting agency; provides for certain requirements and procedures relating to a security alert or security freeze; requires a reporting agency to maintain a toll-free phone number for certain purposes; requires a reporting agency to make certain disclosures in certain circumstances.
New Jersey 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.
S.B. 2238
Substituted 3/20/03
Upgrades penalties for theft of identity and the selling, manufacturing, possessing, or exhibiting of false government documents; allows for civil action for victims of identity theft.
A.B. 3280
Passed Assembly 2/10/03
S.B. 2369
Enhances penalties for theft by deception and theft of identity offenses when victim is a senior or disabled citizen.
New York A.B. 2433
Creates the crime of criminal impersonation in the fourth degree for receiving a benefit worth under $100 for such impersonation in aggregate and makes it a class B misdemeanor; creates the crime of criminal impersonation in the third degree for receiving a benefit worth between $100 and $500 for such impersonation in aggregate and makes it a class A misdemeanor; increases the penalty for criminal impersonation in the first degree from a class E felony to a class D felony; increases the penalty for criminal impersonation in the second degree from a class A misdemeanor to a class E felony.
A.B. 3846
Requires the presentation of two forms of identification for the use of a credit card; imposes civil penalties on persons, firms, partnerships, associations or corporations not complying with such requirement; also requires the posting of signs relating to such identification requirements.
A.B. 8177
S.B. 4528
Establishes crime of unlawful use of a scanning device or reencoder; prohibits any person from using a scanning device to access information stored on the magnetic strip of a payment card or from using a reencoder to transfer information from one payment card to another with the intent to defraud the authorized card holder or a merchant.
Oklahoma H.B. 1137
Increases the punishment for identity theft.
H.B. 1563
Increases the penalties for identity theft.
S.B. 765
Clarifies statutory language regarding identity theft.
Oregon H.B. 3481
Creates a task force on identity theft.
S.B. 599
Creates statutory cause of action against person who negligently stores, transmits or disposes of personal identification when negligent storage, transmission or disposal allows commission of crime of identity theft. Provides that court may enjoin defendant who is found to be liable to take all actions on behalf of plaintiff necessary to correct credit ratings and other financial records relating to plaintiff.
Pennsylvania H.B. 461
Provides for protection against identity theft; and imposes powers and duties on the Bureau of Consumer Protection.
H.B. 582
Creates the crime of theft of confidential government information.
H.B. 587
Provides for identity theft and for requirements for governmental access to certain electronic communication.
H.B. 588
Passed House 6/17/03
Requires the office of attorney general to establish a regional identity theft unit pilot project and an identity theft victim database; and makes an appropriation.
H.B. 885
Passed House 6/17/03
Adds provisions relating to privacy protection for customer information of financial transactions; defines the offense of public or private grant solicitation; and imposes penalties.
S.B. 701
Provides for theft of personal or confidential information.
S.B. 702
Provides for the Office of Identity Theft Victim Support in the Pennsylvania Commission on Crime and Delinquency; establishes an Identity Theft Advisory Board; and makes an appropriation.
South Carolina S.B. 43
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; and establishes and provides a list of residential subscribers who object to receiving unsolicited phone calls.
S.B. 222
Passed Senate 4/16/03
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.
S.B. 570
Relates to the offense of financial identity fraud, so as to delete a person’s intent to unlawfully appropriate the financial resources of a person to his own use or the use of a third party as an element of financial identity fraud.
Tennessee H.B. 54
S.B. 103
Adds offense of identity theft to definition of racketeering activity for purposes of RICO; requires persons or other businesses who entered into transaction where identity theft was involved to disclose certain information to victim; requires consumer reporting agency to block certain information if consumer is victim of identity theft.
H.B. 1168
S.B. 1556
Renames Tennessee Identity Theft Deterrence Act of 1999 as “Tennessee Identification and Personal Information Protection Act of 2003”; includes unauthorized transfer of personal information under such act.
Texas H.B. 1429
Relates to the investigation, prosecution, and punishment of identity theft and to the rights of victims of identity theft.
H.B. 2407
Relates to the prevention of, and to assistance provided to certain victims of, identity theft; provides civil penalties.
S.B. 405
Relates to the prevention of, prosecution of, and punishment of identity theft and to assistance to certain victims of identity theft; provides penalties.
S.B. 475
Relates to certain consequences for a conviction of the offense of fraudulent use or possession of identifying information.
Utah H.B. 315
Enacting clause struck 3/5/03
Relates to expunging false criminal charges for victims of identity theft.
Vermont H.B. 200
Creates the crime of identity theft and require financial institutions to report such crimes.
H.B. 327
Passed House 5/8/03
Allows a consumer to request that a credit reporting agency place a security alert on the consumer’s credit report if the consumer’s identity might have been used to fraudulently obtain goods or services and to place a security freeze on the credit report if the consumer has a sworn complaint about the unlawful use of personal information. The consumer credit reporting agency would have to provide a written summary of the rights of the consumer. Establishes the crime of identity theft and penalties for violations.
Virginia H.B. 1523
Clarifies that the identities of dead, as well as living, people are protected and that the theft of the identity of a dead person is punishable.
Washington H.B. 1843
Declares that it is a class C felony for any person to sell or deliver a stolen driver’s license or identicard.  Provides that it is unlawful for any person to manufacture, sell, or deliver a forged, fictitious, counterfeit, fraudulently altered, or unlawfully issued driver’s license or identicard, or to manufacture, sell, or deliver a blank driver’s license or identicard except under the direction of the department.  A violation of this provision is: (1) A class C felony if committed (a) for financial gain or (b) with intent to commit forgery, theft, or identity theft; or (2) A gross misdemeanor if the conduct does not violate (1) of this provision.  Provides that it is a misdemeanor for any person under the age of twenty-one to manufacture or deliver fewer than four forged, fictitious, counterfeit, or fraudulently altered driver’s licenses or identicards for the sole purpose of misrepresenting a person’s age.
H.B. 1847
Provides that any provision of a contract between a merchant or retailer and a credit or debit card issuer, financial institution, or other person that prohibits the merchant or retailer from verifying the identity of a customer who offers to pay for goods or services with a credit or debit card by requiring or requesting that the customer present additional identification is void for violation of public policy.  Declares that nothing in this act shall be interpreted as compelling merchants or retailers to verify identification; or interfering with the ability of the owner or manager of a retail store or chain to make and enforce its own policies regarding verification of identification.
S.B. 5005
Increases penalties for identity theft.

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