US 2006 Introduced Identity Theft Legislation Resources in United States
US 2006 Introduced Identity Theft Legislation Resources
| State: | Bill Summary: |
| Alabama | H.B. 223 Indefinitely postponsed 2/26/06 Classifies all instances of the crime of identity theft as a Class C felony and increases the statute of limitations for the crime of identity theft to seven years. Under existing law, a person who is a victim of identity theft may request the court to enter an order for public and private records of the victim, including financial records, to be corrected. Provides that the same type of order may be entered when a person is the victim of an offense which the court finds involves identity theft. Under existing law, a person who is a victim of identity theft may bring a civil action for damages as a result of a crime of identity theft. This bill increases the statute of limitation to bring the action from five years to seven years. |
| Alaska | S.B. 222 Relates to breaches of security involving personal information, consumer report security freezes, protection of Social Security numbers, disposal of records, factual declarations of innocence after identity theft, furnishing consumer credit header information, and filing police reports regarding identity theft; and amending Rule 60, Alaska Rules of Civil Procedure. |
| Arizona | H.B. 2114 Prohibits a person or entity from requiring personal information from an individual over the Internet unless the personal information is encrypted. Allows a victim of identity theft the right to bring a civil suit against the malefactor. Mandates that if personal information is stolen from an individual or entity, that individual or entity shall notify the compromised individual of the identity theft and actions which may be taken to protect against unauthorized use of the personal information. |
| H.B. 2223 Expands the definition of economic loss contained in A.R.S. Title 13 to include a lost or reduced credit rating resulting from identity theft. States that at the time that a prosecutor files a complaint charging identity theft, aggravated identity theft or trafficking in the identity of another person, the prosecutor must notify the appropriate consumer reporting agencies (CSA). Requires the prosecutor to also notify the CSAs on conviction and after finding that the victim’s credit rating was impacted by the identity theft. Subjects the CSA to a civil penalty of $500 if after being notified the CSA fails to reinstate the victim’s credit rating. |
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| H.B. 2351 States that if a defendant is convicted of specific identity theft offenses and receives probation, the defendant must serve the following amount of time in county jail: 1) Taking the identity of another person: At least 60 days; 2) Aggravated identity theft: At least 270 days; 3) Trafficking in the identity of another person: At least one year. Prohibits these jail terms from being deferred, deleted or suspended. Begins the jail sentence on the date of sentencing. Exempts persons sentenced to the Department of Corrections from having to serve these jail sentences. Requires any entity/person who does business in Arizona and owns or licenses computerized data that includes personal identifying information to disclose any breach of security of the system. Disclosure must be made following the discovery of the breach or upon notification of the breach. Every resident whose personal identifying information is believed to have been acquired/accessed must be notified. If the person/entity maintains computerized data including personal or entity identifying information that the person/entity does not own, the owner or licensee of the information must be notified immediately upon discovery that the information was acquired/accessed by an unauthorized person. States that each breach must be reported to a local, state or federal law enforcement agency and to each national credit reporting agency (CRA) within 48 hours of discovery of the breach. Reporting may be delayed if a law enforcement agency determines that it will impede the investigation. Law enforcement must request a delay in reporting within 72 hours. Allows a person/entity to have its own notification procedures considered to be in compliance as long as those procedures are consistent with the timing aspects of this law. States that a waiver of any of these provisions is contrary to public policy and is void and unenforceable. Requires a person/entity who violates this section to: 1) Pay a civil penalty of $500 per individual who does not receive proper notification. Caps the total penalty at $250,000 per breach. 2) Reimburse any individual who did not receive proper notification for actual and secondary costs. 3) Reimburse the county attorney or attorney general (AG) for costs. 4) Allows either the county attorney or the AG to enforce this section. Provides an exception to the disclosure requirement if the information is encrypted by the use of a process that makes the data unreadable without a confidential process or key, as long as the entity/person has a good faith belief that the process/key has not been acquired/accessed. Exempts a person/entity from this section if the person/entity is subject to and in compliance with federal law that specifically addresses the unauthorized acquisition/access of computerized data. Prohibits a business from discarding or disposing of any record containing personal identifying information unless it does one of the following: 1) Shreds the record; 2) Erases the personal/entity identifying information; 3) Modifies the record to make the personal/entity identifying information unreadable; or 4) Takes actions that the business believes will ensure that no unauthorized person has access to the personal/entity identifying information. States that a business that violates the requirements for disposal of records shall reimburse each customer whose information was wrongfully discarded/disposed of for actual and secondary costs. Imposes a civil penalty on any business that violates the disposal requirements, not to exceed the greater of either $10,000 or the actual amount of the loss to the victims. Requires any business in violation to also pay costs incurred by the county attorney or attorney general. Provides an affirmative defense to the wrongful discard/disposal of records if the business shows that it is either: In compliance with federal laws governing the disposal of customer records, or that it used due diligence to properly dispose of the record. Allows either the county attorney or the AG to enforce this section. |
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| H.B. 2469 Prohibits a person or entity from requiring personal information from an individual over the Internet unless the personal information is encrypted. Allows a victim of identity theft the right to bring a civil suit against the malefactor. Mandates that if personal information is stolen from an individual or entity, that individual or entity shall notify the compromised individual of the identity theft and actions which may be taken to protect against unauthorized use of the personal information. |
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| S.B. 1016 Requires defendants convicted of the following crimes and sentenced to a term of probation to serve at least the following amount of time in the county jail as an initial term of probation: a) identity theft, 180 days; b aggravated identity theft, 270 days; and c) trafficking in the identity of another person or entity, one year. |
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| California | A.B. 484 Died pursuant to Art. IV, §10(c) of the Constitution 1/31/06 Provides for the imprisonment or fine, or both, of a caretaker of an elder or dependent adult who commits a second or subsequent violation of any law proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property of the elder or dependent adult, regardless of the value of the money, labor, or real or personal property taken. |
| A.B. 916 Passed Assembly 5/27/05 Increases the punishment for committing various crimes, including identity theft, against the elderly. |
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| A.B. 946 Passed Assembly 5/27/05 Increase the punishment for committing various crimes, including identity theft, again the elderly. |
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| A.B. 1581 Died pursuant to Art. IV, Sec. 10(c) of the Constitution 1/31/06 Existing law makes it a felony or misdemeanor to willfully obtain the personal identifying information of another person and use it unlawfully, including to obtain credit, goods, or services. Further, existing law makes it a misdemeanor to acquire, transfer, or retain the personal information of another with the intent to defraud. Makes it a felony or a misdemeanor to acquire, transfer, or retain the personal information of 100 or more persons with the intent to defraud. |
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| A.B. 1950 Sent to governor 9/11/06 Allows a school district, in providing instruction in economics, to include instruction related to the understanding of personal finances, including, but not limited to budgeting, savings, credit, and identity theft. |
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| A.B. 2043 Sent to governor 8/30/06 Existing state and federal law regulate the collection of debts, and existing state law requires a debt collector to stop collecting a consumer debt when an alleged debtor provides the debt collector certain information, including, but not limited to, information relating to the alleged debtor’s status as a victim of identity theft. Existing law permits the debt collector to recommence collection activities only upon a review of the information and upon the making of a good faith determination, as specified, that the information provided by the debtor does not establish that the debtor is not responsible for the debt. This bill extends the debtor protections described above to a natural person, firm, association, organization, partnership, business trust, company, corporation, or limited liability company from which a debt collector seeks to collect a debt that is due and owing or alleged to be due and owing from the person or entity. |
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| A.B. 2333 Passed Assembly 5/30/06 Provides that every person who, with the intent to defraud, acquires, or retains possession of the personal identifying information of another person, and who has previously been convicted of a violation of provisions proscribing identity theft, or who, with the intent to defraud, acquires or retains possession of the personal identifying information of 10 or more other persons, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison. Provides that any person who, with intent to defraud, or who knows or reasonably should know that the identifying information will be used to commit identity theft, sells, transfers, or conveys the personal identifying information of another person shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison. Specifies that, for purposes of these provisions, “person” includes natural persons living and deceased, and organizations, associations, business relationships and other legal entities, expand the definition of “personal identifying information” to include any identifying information that uniquely describes a person, and make other conforming changes. |
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| A.B. 2886 Sent to governor 9/19/06 Provides that every person who, with the intent to defraud, acquires or retains possession of the personal identifying information of another person, and who has previously been convicted of a violation of provisions proscribing identity theft, or who, with the intent to defraud, acquires or retains possession of the personal identifying information of 10 or more other persons, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison. Provides that any person who, with intent to defraud, sells, transfers, or conveys the personal identifying information of another person shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison. Provides that any person who, with actual knowledge that the personal identifying information of a specific person will be used in violation of identity theft provisions who sells, transfers, or conveys that personal identifying information shall be punished by a fine or by both a fine and imprisonment, or by imprisonment in the state prison. Specifies that, for purposes of these provisions, “person” includes natural persons living and deceased, and organizations, associations, business relationships and other legal entities, expand the definition of “personal identifying information” to include any form of identification equivalent to those already listed, and make other conforming changes. |
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| A.B. 2919 Existing law provides that any person who falsely personates another and does any act whereby, if done by the person falsely personated, might make him or her liable to any suit or prosecution is punishable by a fine not exceeding $10,000, by imprisonment in a county jail for a period not exceeding one year, by imprisonment in the state prison for 16 months, or two or three years, or by both fine and imprisonment. This bill also includes any act that might make the person falsely personated liable to arrest or a criminal charge. Existing law requires the Department of Justice to present to the governor an annual report containing the criminal statistics of the preceding calendar year. Existing law also requires that the report be printed or otherwise prepared so as to enable the attorney general to send a copy to public officials dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This bill requires that report to contain information on arrests for identity theft crimes. Existing law provides that it is unlawful for any person by means of a Web page, electronic mail message, or otherwise through use of the Internet, solicit, request, or take any action to induce another person to provide identifying information by representing itself to be a business without the authority or approval of the business. This bill provides that engaging in that activity, defined as “unlawful phishing,” is a crime punishable by a fine not exceeding $1,000, imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding $10,000, imprisonment in the state prison, or by both that fine and imprisonment. |
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| A.B. 2945 Sent to governor 9/14/06 Redesignates a multijurisdictional drug law enforcement agency as a multijurisdictional law enforcement agency, and would permit a multijurisdictional law enforcement agency to instead hold a closed session to discuss any ongoing criminal investigation of that agency. Defines a multijurisdictional law enforcement agency as a joint powers entity, as specified, that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology, computer or identity theft; human trafficking; or vehicle theft. |
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| A.B. 2956 Passed Assembly 5/25/06 Provides that every person who, with intent to defraud, acquires, conveys, sells, traffics, transfers, or retains possession of, the personal identifying information of another without that person’s consent, is punishable by a fine not to exceed $2,000, imprisonment in a county jail not to exceed one year, or by both fine and imprisonment, as specified. Makes related changes. |
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| A.B. 2985 Sent to governor 9/8/06 Requires a county welfare department to request a consumer disclosure, pursuant to federal law, on behalf of a youth in a foster care placement in the county, when the youth reaches his or her 16th birthday, in order to ascertain whether the youth has been the victim of identity theft. If the consumer disclosure reveals any negative items, or evidence that identity theft has occurred, the bill would require the county welfare department to refer the youth to an approved organization that provides services to victims of identity theft. The bill requires the department to develop a list of approved organizations for this purpose, in consultation with the County Welfare Directors Association and others. |
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| S.B. 346 Returned to secretary of senate pursuant to Joint Rule 56 2/1/06 Existing law provides 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. Provides that a child whose parent or legal guardian has used the personal identifying information of the child in violation of the criminal provision described above may be adjudged a dependent child of the juvenile court. |
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| S.B. 839 Returned to secretary of senate 1/11/06 Creates the Identity Theft Traffickers Act of 2005, to provide that every person who, with intent to defraud, sells, transfers, or conveys, the personal information of another without that person’s consent, or who, within any 12-month period acquires the personal identifying information of four or more other persons which he or she knows or has reason to know was taken in violation of provisions relating to identity theft, is guilty of grand theft, punishable by imprisonment in a county jail for a period not exceeding one year or in the state prison for 16 months, or two or three years. Provides that every person convicted of a felony violation of, or conspiracy to violate these provisions is punishable by an additional two-year term of imprisonment in the state prison. Provides that every person who violates these provisions with respect the personal identifying information of a person who is less than 18 years of age, is an elder or dependent adult, or who is a person engaged in services in the uniformed services, is punishable by an additional one year term of imprisonment in the state prison. Provides that probation shall not be granted nor shall the execution or imposition of sentence suspended for a person who has been convicted of a felony violation of provisions relating to personal identifying information if he or she has a prior felony conviction for a violation of those provisions. |
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| S.B. 1387 Passed Senate 5/30/06 Specifies that, for purposes of these provisions, “person” includes natural persons living and deceased, and organizations, associations, business relationships and other legal entities, expand the definition of “personal identifying information” to include any identifying information that uniquely describes a person, and make other conforming changes. Provides that every person who, with intent to defraud, acquires, retains possession of, sells, transfers, or conveys, the personal information of another is punishable, based upon the number of persons from whom personal identifying information was taken, by fine and imprisonment in a county jail or imprisonment in the state prison, as specified. |
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| S.B. 1495 Returned to secretary of Senate pursuant to Joint Rule 62(a) 4/26/06 Existing law makes it a crime to willfully obtain and use the personal identifying information of another person for unlawful purposes, without the consent of the victim, punishable by a fine not to exceed $1,000, imprisonment in a county jail not to exceed one year, or both that fine and imprisonment, or by a fine not to exceed $10,000, imprisonment in the state prison for 16 months or 2 or 3 years, or both that fine and imprisonment. This bill provides that it is a crime punishable by a fine not to exceed $1,000, imprisonment in a county jail not to exceed one year, or both, or by a fine not to exceed $10,000, imprisonment in the state prison for two, three, or four years, or both to willfully obtain the personal identifying information of another person who is less than 18 years of age if the victim’s age was known, or should have been known to that person, and to use that information for unlawful purposes without the consent of the victim. |
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| Connecticut | H.B. 5484 Makes the possession or fabrication of access devices used to commit identity theft illegal. |
| H.B. 5783 Failed Joint Favorable deadline 3/27/06 Restricts the disclosure of telephone records by telecommunications companies to third parties, require telecommunications companies to take steps to prevent unauthorized disclosure of telephone records and increases the minimum amount of damages awarded in a civil action for identity theft. |
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| S.B. 55 Concerns identity theft; regulates personal identifying information. |
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| S.B. 419 Establishes a working group to analyze and recommend methods to protect consumer data and prevent identity theft. |
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| Delaware | S.B. 109 Substituted on 5/19/06 Establishes a method to address potential identity thefts. Pursuant to the terms of this Act, if a person learns or reasonably suspects they have been the victim of identity theft, s/he is entitled to have a police report that describes the details of the theft and to have a court of competent jurisdiction make expedited factual findings of his or her innocence in criminal matters where the person who stole his or her identity is being charged under his or her name. In the event of such an expedited factual finding, the court must provide the person with written documentation of the finding and the Delaware Department of Justice must keep the information on file for future reference. |
| S.B. 325 Stricken 6/28/06 Bans anyone who prepares any tax return (state or federal) from selling or renting any of the information furnished for, or in connection with, preparation of any other person’s tax return. This prohibition encompasses both the sale or rent for identity theft and for telemarketing purposes. |
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| Florida | H.B. 1043 Died in committee 5/5/06 S.B. 446 Died in committee 5/5/06 Provides that it is third-degree felony to willfully and without authorization disclose, sell, or transfer, or attempt to disclose, sell, or transfer, personal identification information concerning individual, including information sent to foreign country, without first obtaining consent of individual; provides criminal and civil penalties; provides that remedies are cumulative and not exclusive. |
| H.B. 1577 Died on calendar 5/5/06 S.B. 1964 Died in committee 5/5/06 Provides that any person who willfully and without authorization fraudulently uses personal identification information concerning individual who is 65 years of age or older without first obtaining consent of individual or of his or her legal guardian commits felony of second degree; provides criminal penalties. |
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| Georgia | H.B. 1666 Provides for the establishment of an identity theft prevention board. |
| Hawaii | H.B. 2011 Implements measures to assist in the prevention of identity theft. |
| H.B. 2136 Establishes that searching through a person’s trash receptacle for the purpose of obtaining personal information is an invasion of privacy and punishable as a misdemeanor. |
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| H.B. 2230 Amends the definition of identity theft and amends provisions regarding repeat offenders. |
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| H.B. 2338 S.B. 2301 Includes in the offense of identity theft in the third degree the unauthorized possession of confidential personal information. Adds identity theft in the first degree, identity theft in the second degree and identity theft in the third degree to the list of repeatable offenses for purpose of enhanced sentencing. |
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| H.B. 2841 Prohibits posing as the holder of a cellular phone service account to obtain calling records. Prohibits sale or purchase of such records, including personal information. |
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| H.B. 2919 Implements measures to assist in the prevention of identity theft. |
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| H.B. 3245 Relates to the State Identity Theft Task Force; changes the name of the task force, expands its responsibilities, and extends its life until 6/30/07. Adds the chief justice or designee, and representatives from each county police department, the Hawaii Prosecuting Attorneys’ Association, and the U.S. Postal Service to the task force membership. |
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| S.B. 2157 Appropriates funds for an expanded law enforcement effort to compile a uniform identity theft complaint tracking system, to support an increase in community outreach programs, and to fund a study on the nexus between methamphetamine use and identity theft. |
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| S.B. 2160 Relates to the State Identity Theft Task Force; changes the name of the task force, expands its responsibilities, and extends its life until 6/30/07. Adds the chief justice or designee, and representatives from each county police department, the Hawaii Prosecuting Attorneys’ Association, and the U.S. Postal Service to the task force membership. |
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| S.B. 2524 Implements measures to assist in the prevention of identity theft, including a security freeze, data destruction requirements and a notification requirement. |
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| S.B. 2772 Relates to identity theft. |
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| S.B. 3109 Makes using a computer to obtain identifying information a class B felony. Makes the sale or distribution of unlawfully obtained identifying information a class B felony. Makes the use of unlawfully obtained identifying information in the commission of a crime a class B felony. Allows for victim restitution and civil liability of violators. |
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| Illinois | H.B. 3457 Passed House 4/8/05 Amends the Illinois Vehicle Code. Provides that any person 61 years of age or older applying at a driver services facility for renewal of his or her driver’s license shall be provided, without charge, with a brochure warning the person of the dangers of financial identity theft. Provides that the secretary of state shall prepare these brochures in consultation with the Department of Financial and Professional Regulation. Establishes requirements for the content of the brochures. Provides that the secretary shall adopt rules for implementing the new provision. |
| H.B. 4138 Amends the Code of Civil Procedure. Provides that a person who is convicted of identity theft, aggravated identity theft, misdemeanor criminal sexual abuse when the victim of the offense at the time of its commission is under 18 years of age, misdemeanor sexual exploitation of a child, misdemeanor indecent solicitation of a child, or misdemeanor indecent solicitation of an adult in this state or any other state who has not been pardoned shall not be permitted to file a petition for a name change in the courts of Illinois. |
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| H.B. 4739 Passed House 3/3/06 Provides that a prosecution for theft of property exceeding $100,000 in value, identity theft, aggravated identity theft, or any violation of the Illinois Financial Crime Law may be commenced within 10 years of the last act committed in furtherance of the crime. |
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| S.B. 3036 Passed Senate 2/28/06 Creates the Consumer Protection Against Computer Spyware Act. Sets forth provisions for unauthorized collection or culling of personally identifiable information, unauthorized access to or modifications of computer settings and computer damage, unauthorized interference with installation or disabling computer software, and other prohibited conduct. Provides that certain persons may bring a civil action against a violator of the Act. Provides a civil penalty for violations of the Act. Permits the attorney general to obtain a restraining order or injunction for violations of the Act. |
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| S.B. 3043 Requires the Department of Financial and Professional Regulation to develop appropriate disclosures to be provided to purchasers of identity theft insurance, including what the insured will receive if he or she is a victim of identity theft and how to protect himself or herself from identity theft. |
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| Iowa | H.F. 2247 Withdrawn from further consideration 3/16/06 Authorizes the attorney general to issue an identity theft passport to a victim of the criminal offense of identity theft, as defined in Code section 715A.8, who has filed a police report with a law enforcement agency. A victim of identity theft may apply for an identity theft passport with the law enforcement agency, which shall send a copy of the police report and application to the attorney general. The identity theft passport shall be in the form of a card or certificate which the victim may present to a law enforcement agency, creditor, or consumer reporting agency to help protect the victim from false criminal charges and fraudulent credit charges. A law enforcement agency, creditor, or consumer reporting agency may use discretion as to whether to accept the identity theft passport after considering surrounding circumstances and available information concerning the commission of identity theft against the victim presenting the passport. An application for an identity theft passport and all supporting documents shall be confidential and not considered a public record under Code chapter 22. The attorney general shall adopt rules necessary to issue the identity theft passports and to ensure that applications for the identity theft passports are legitimate. |
| H.F. 2484 Provides for certain consumer protections against identity theft including notification of a breach in the security of computerized data of personal information, provides for a security alert or block on a consumer report, and for the issuance of an identity theft passport. |
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| S.F. 2282 Authorizes the attorney general to issue an identity theft passport to a victim of the criminal offense of identity theft, as defined in Code section 715A.8, who has filed a police report with a law enforcement agency. A victim of identity theft may apply for an identity theft passport with the law enforcement agency, which shall send a copy of the police report and application to the attorney general. The identity theft passport shall be in the form of a card or certificate which the victim may present to a law enforcement agency, creditor, or consumer reporting agency to help protect the victim from false criminal charges and fraudulent credit charges. A law enforcement agency, creditor, or consumer reporting agency may use discretion as to whether to accept the identity theft passport after considering surrounding circumstances and available information concerning the commission of identity theft against the victim presenting the passport. An application for an identity theft passport and all supporting documents shall be confidential and not considered a public record under Code chapter 22. The attorney general shall adopt rules necessary to issue the identity theft passports and to ensure that applications for the identity theft passports are legitimate. |
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| Kansas | H.B. 2343 Creates the Consumer Protection against Computer Spyware Act. Makes it unlawful (1) to install any unauthorized computer software on a computer which would modify the personal settings related to the computer’s access to the Internet; (2) to collect, through intentionally deceptive means, certain personal information; (3) to prevent an authorized user’s reasonable efforts to block the installation of computer software; (4) to misrepresent intentionally that computer software will be installed or disabled by a user with knowledge that the software will not be uninstalled or disabled; and (5) to remove deceptively or disable antispyware or antivirus computer software installed on a computer. Establishes a task force on computer technology and privacy. The task force would be charged with examining the problems associated with computer privacy. |
| H.B. 3003 Makes identity theft, if the monetary loss to the victim or victims is more than $100,000, a severity level 5, nonperson felony. In addition, in the case of identity theft and fraud, damages would include attorney fees, costs incurred to repair credit history, repair credit scores, and replace personal identification documents. Damages would also be awarded to satisfy a debt, lien, or other obligations incurred by a person whose documents were used in violation of the bill. |
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| Louisiana | S.B. 523 Passed Senate 4/18/06 Requires the registration of persons convicted of identity theft; provides penalties for violations. |
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Maryland |
H.B. 386 Prohibits a person convicted of a violation of the identity fraud law from entering into a contract to provide caregiver services to a vulnerable adult; establishes penalties for a violation of the Act; establishes that a contract for caregiver services between a vulnerable adult and a person convicted of violating the identity fraud law is voidable by a vulnerable adult; and defines terms. |
| H.B. 692 S.B. 517 Authorizes a state or local law enforcement agency, on process issued by a court of competent jurisdiction, to seize property used or intended for use in connection with violation of specified identity fraud laws; establishes that specified property is contraband and presumed to be forfeitable; places the burden of rebutting the presumption on the property claimant; authorizes the seizure of property with or without a warrant in specified circumstances. |
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| H.B. 1101 Requires a law enforcement agency investigating a possible case of identity fraud to provide a notification to the Motor Vehicle Administration; provides for the contents of notifications required under the Act; requires the Administration to record specified information regarding a specified driver’s license on receipt of a notification required under the Act; requires specified information to be available to law enforcement officers making traffic stops. |
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| H.B. 1165 Authorizes a person who has learned or reasonably suspects that the person has been the victim of identity fraud to petition a court on the motion of the person or on application of a prosecuting attorney for an expedited judicial determination of factual innocence; establishes that a judicial determination of factual innocence may be heard and determined on specified evidence; requires the Administrative Office of the Courts to establish and maintain a specified database of specified victims of identity fraud. |
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| H.B. 1167 Withdrawn 3/6/06 Requires a consumer reporting agency to permanently block the reporting of specified information in a consumer’s credit file under specified circumstances. |
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| Massachusetts | H.B. 825 Relates to identity fraud. |
| H.B. 1437 Relates to identity theft and consumer rights. |
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| H.B. 1438 Relates to identity theft prevention by requiring photographs on credit card applications. |
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| H.B. 1439 Relates to the crime of identity fraud. |
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| H.B. 1441 Relates to law enforcement investigations of identity theft cases. |
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| H.B. 1442 Relates to law enforcement investigations of identity theft cases. |
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| H.B. 1445 Updates and enhances identity fraud protections. |
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| H.B. 1446 Relates to the verification of consumer’s identity prior to issuing credit cards. |
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| H.B. 4061 Relates to counterfeit and fraudulent documents; strengthens the current law by specifically targeting offenses associated with identity theft, adds more identity theft crimes, and creates a forfeiture provision to assist law enforcement. Provides assistance to the victims of identity theft, by requiring rapid notification to consumers when personal identifying information is compromised and facilitating measures to mitigate the impact of such thefts. |
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| H.B. 4775 Relates to the protection of personal information. |
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| S.B. 184 Prevents identity theft and establishes a victim’s bill of rights, a consumer report security freeze, a security breach notification requirement and specifies where identity theft victims may file police reports. |
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| S.B. 192 Relates to the crime of identity fraud. |
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| S.B. 236 Protects victims of identity theft. |
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| S.B. 251 Relates to identity theft. |
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| Michigan | H.B. 4658 Prohibits the denial of credit or services because the consumer has been a victim of identity theft; requires an agency of this state that owns or licenses computerized data that include personal identifying information shall provide notice of any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose unencrypted personal identifying information is acquired by an unauthorized person or if the agency reasonably believes that an unauthorized person has acquired that information. The agency shall provide notice within five days after the agency discovers or is notified of the breach, unless otherwise specified. |
| H.B. 6457 Passed House 9/19/06 Creates the Consumer Identity Protection Act, under which the Office of Financial and Insurance Services (OFIS) would be required to establish a state credit activity list and publish it quarterly for use by consumer reporting agencies. The list will consist of the names, addresses, and Social Security numbers of those consumers who register with OFIS to receive notifications of credit activity from consumer reporting agencies. The list will be established within 120 days after the bill’s effective date. Beginning 90 days after the list is established, a consumer reporting agency will have to notify a consumer on the then-current version of the list of any new activity involving that consumer in the preceding calendar quarter. The notice will have to be provided in writing within a reasonable amount of time after March 31, June 30, September 30, and December 31, as applicable. The notice can be provided electronically, if the consumer so requests. “New activity” refers to a transaction where credit is extended to a consumer or where a consumer is a borrower, debtor, mortgagor, or guarantor, or otherwise first becomes directly or indirectly responsible for any debt or other credit activity. (The term does not apply to transactions involving previously existing credit arrangements.) The bill also creates a Credit Activity List Fund from which money could be appropriated to OFIS to cover the costs of administering the credit activity list. The Fund would receive fees charged by OFIS to consumer reporting agencies for access to the list and the annual fees charged to consumers for inclusion on the list. The annual fee for consumers could not exceed $5. A consumer reporting agency could not use credit activity list information for any other purpose, and OFIS could not sell or transfer credit activity list information for any purpose unrelated to the act. |
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| H.B. 6458 Passed House 9/19/06 Amends the Uniform Commercial Code (MCL 440.4403) to address bank stop-payment orders on checks when one or more blank checks are stolen from a customer or when the bank customer is the victim of identity theft. If the customer provides the bank with a copy of the police report, the bank would have to do all of the following: 1) Have the customer prepare, sign, and deliver to the bank an affidavit of fraud and forgery, in a form approved the State Police, or an affidavit of identity theft (as described in the Identity Theft Protection Act). 2) Notify the merchant who presents an item that the bank dishonors or returns subject to a stop-payment order, that identity theft was the reason for the action and provide the merchant with the customer’s signed affidavit; and provide the customer with the name of the person (the merchant) who presented the item for payment. |
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| H.B. 6517 Revises sentencing guidelines to reflect increased penalties for identity theft. |
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| H.B. 6518 Increases penalties for identity theft. |
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| H.B. 6519 Prohibits submitting a credit application using another person’s identity information. |
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| H.B. 6520 Allows for forfeiture for certain crimes involving identity theft. |
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| H.B. 6521 Clarifies the venue for prosecution of certain identity-theft related crimes. |
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| S.B. 537 Provides for the seizure and forfeiture of property involved in certain identity theft violations. |
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| S.B. 1459 Increases penalties for identity theft. |
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| S.B. 1460 Revises sentencing guidelines to reflect increased penalties for identity theft. |
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| S.B. 1461 Provides for the seizure and forfeiture of property involved in certain identity theft violations. |
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| S.B. 1462 Clarifies the venue for prosecution of certain identity-theft related crimes. |
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| S.B. 1463 Prohibits submitting a credit application using another person’s identity information. |
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| Minnesota | H.F. 2843 Indefinitely postponed 4/24/06 S.F. 3200 Relates to consumer protections; reduces identity theft and assists its victims with security freezes; provides for data destruction; creates identity theft passport; provides penalties. |
| Mississippi | H.B. 881 Died in committee 1/31/06 Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged. |
| Missouri | H.B. 1252 Defines “identity theft,” “personal identifying information,” and “victim of identity theft” and permits a person to bring a legal action against a claimant to establish that he or she is a victim of identity theft in connection with the claimant’s claim against that person. If successful, the person will be entitled to: (1) A declaration that he or she is not obligated to the claimant on that claim; (2) A declaration that any interest the claimant had purportedly obtained in the victim’s property is void and undefendable; (3) An injunction restraining the claimant from collecting or attempting to collect the claim, enforcing or attempting to enforce any interest, or enforcing or executing on any judgment from or against the victim on that claim; (4) The dismissal of any action filed by the claimant based on a claim which arose as a result of the identity theft; (5) Actual damages, attorney fees, costs, and any equitable relief that the court deems appropriate; and (6) A civil penalty of up to $30,000 if the victim establishes that the claimant received written notice at least 30 days prior to filing an action that a situation of identity theft might exist, the claimant failed to investigate the possible identity theft, and the claimant continued to pursue his or her claim against the victim. These claims must be filed within four years of the date the person who alleges that he or she is a victim of identity theft knew or, in the exercise of reasonable diligence, should have known of the existence of facts which would bring about the action. |
| H.B. 1501 Increases from a class A misdemeanor to a class D felony the penalty for identity theft which results in the theft or appropriation of credit, money, goods, services, or other property not exceeding $500 in value where the person whose identity is stolen is a disabled or elderly person. When the value is between $500 and $5,000, the penalty is increased from a class C felony to a class B felony. |
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| H.B. 1971 Increases the penalty for repeat identity theft offenders. |
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| Nebraska | L.R. 426 Requests the Judiciary Committee to review actions taken in other state and on the national level relating to identity theft. |
| New Hampshire | H.B. 1252 Inexpedient to legislate 2/1/06 Permits consumers to establish a “credit freeze” on their credit reports and requires credit reporting agencies to provide notice of this right. Permits victims of identity theft to request copies of their credit reports. Allows consumers to remove their names from credit card solicitation lists maintained by credit reporting agencies. Establishes a procedure to notify credit reporting agencies when a person is deceased. Establishes a minimum penalty for negligent or willful violations of the consumer credit reporting law. |
| New Jersey | A.B. 777 Provides for expungement of records in cases where a victim of an identity theft was mistakenly accused of an offense. Under the provisions of the bill, a victim of an identity theft can make an application to the court for expungement of any records relating to the victim’s charge or conviction, provided that the victim was charged or convicted of an offense or a motor vehicle violation as a result of another person using the victim’s personal identifying information to commit an offense or violation and that the charge or conviction was dismissed or set aside. Provides that the application should include documents and information to support the victim’s application. After an expungement is granted, the court would forward a copy of the expungement order to the appropriate agency. Upon receipt of the order, the agency would be required to expunge the pertinent records. Provides that the victim would not be charged a fee for the expungement. Amends N.J.S.A.2C:52-28, which provides that the expungement provisions in the statute do not apply to arrests or convictions for motor vehicle violations, to make a limited exception for victims of identity theft. In addition, the bill requires an insurance company to refund those additional premiums charged to a policyholder who was a victim of identity theft upon notification of the expungement. Requires the director of the Division of Motor Vehicles to provide the person whose motor vehicle record was expunged with a certified corrected driver history. The director would also be required to reinstate any drivers license suspended or revoked as a result of the charge or conviction which was later expunged. |
| A.B. 1364 Establishes a procedure whereby a victim of identity theft could obtain a factual determination of innocence. Under the provisions of the bill, if a person reasonably believes that he is a victim of identity theft that person, or the court on its motion or upon application by the prosecuting attorney, may move for an expedited judicial determination of his factual innocence if a defendant has been arrested for, charged with or convicted of a crime under the victims identity or where a criminal complaint has been filed against a defendant in the victim’s name or if the victim’s identity has been mistakenly associated with a record of criminal conviction. If the court determines that the petition or motion is meritorious and that the victim has not committed the offense, the court shall issue a judicial determination of factual innocence. After an order has been issued, the court may order that the name and personal identifying information of the victim contained in court records, files and indexes be deleted, sealed or labeled to show that the data is impersonated and does not reflect the defendant’s identity. Requires the Administrative Office of the Courts (AOC) to establish and maintain a database of persons who have been victims of identity theft and who have received determinations of factual innocence. Access to the database would be limited to criminal justice agencies, victims of identity theft and any other persons and agencies authorized by the victims. The AOC would also be required to establish a toll free number to provide access information to victims of identity theft. |
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| A.B. 1493 S.B. 1203 Expands the list of “personal identifying information”, misuse of which constitutes a “theft of identity” offense; mandates that persons guilty of such an offense pay restitution; and creates a special unit within the State Police to investigate and deter “identity theft”. The bill: (1) Includes a person’s debit card number on the statutory list of items constituting the “personal identifying information” covered under the “theft of identity” law; (2) Amends a recently enacted statute (P.L.2002, c.85), providing that restitution for conviction of a “theft of identity” offense may include costs that victims incur to clear their credit histories or satisfy any debt, lien or other obligation, to (i) make it mandatory for the court to impose the restitution penalty, and (ii) provide that such restitution payments shall cover reasonable attorney fees and litigation costs; and (3) Creates a Theft of Identity Crimes and Investigation Unit in the Division of State Police. This unit is to: (i) undertake and coordinate investigations of theft of identity offenses and the apprehension of individuals perpetrating those offenses; (ii) provide training and assistance to law enforcement officers in other state agencies and in local law enforcement agencies; (iii) support the efforts of other state and local offices and officials in educating the public about theft of identity offenses; and (iv) to the greatest extent practicable, develop and maintain a clearinghouse of information and data, relating to theft of identity offenses, that victims may utilize to correct and remedy in a timely manner the damage done to their credit histories and personal identifying information due to a theft of identity offense. It is anticipated that the unit would coordinate its investigative efforts with the county prosecutors. |
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| S.B. 212 Establishes a procedure whereby a victim of identity theft could obtain a factual determination of innocence. Under the provisions of the bill, if a person reasonably believes that he is a victim of identity theft that person, or the court on its motion or upon application by the prosecuting attorney, may move for an expedited judicial determination of his factual innocence if a defendant has been arrested for, charged with or convicted of a crime under the victims identity or where a criminal complaint has been filed against a defendant in the victim’s name or if the victim’s identity has been mistakenly associated with a record of criminal conviction. If the court determines that the petition or motion is meritorious and that the victim has not committed the offense, the court shall issue a judicial determination of factual innocence. After an order has been issued, the court may order that the name and personal identifying information of the victim contained in court records, files and indexes be deleted, sealed or labeled to show that the data is impersonated and does not reflect the defendant’s identity. Requires the Administrative Office of the Courts (AOC) to establish and maintain a database of persons who have been victims of identity theft and who have received determinations of factual innocence. Access to the database would be limited to criminal justice agencies, victims of identity theft and any other persons and agencies authorized by the victims. The AOC would also be required to establish a toll free number to provide access information to victims of identity theft. |
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| S.B. 316 Corrects an inconsistency resulting from the recent enactment of two laws, both of which provided definitions of “personal identifying information.” P.L.2002, c.85 deleted the definition of “personal identifying information” found in the state’s impersonation and theft of identity statute, N.J.S.2C:21-17, and replaced it with a comprehensive definition of the term in N.J.S.2C:20-1 that would apply to all crimes in chapters 20 and 21 of Title 2C of the New Jersey Statutes. But P.L.2003, c.39 cross-referenced the definition of “personal identifying information” that had been deleted in N.J.S.2C:21-17, while also adding certain computer specific language to the definition. Resolves the inconsistency created by the passage of these two laws by placing the additional computer specific language within the definition of “personal identifying information” in the comprehensive definition section of N.J.S.2C:20-1. |
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| S.B. 1643 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 to be collected by the commissioner of Banking and Insurance. |
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| New Mexico | H.B. 251 Provides remedies to victims of identity theft; provides for identity theft passports; requires police reports; extends the time limit for prosecution of certain crimes; clarifies definitions. |
| H.M. 51 Directs an interim legislative committee to study the problem of identity theft and make recommendations. |
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| New York | A.B. 660 Prohibits the use of inmate labor to access, collect or process personal information relating to a natural person residing in this state; provides for a civil penalty of not more than $1500 for a first violation and not more than $2500 for a second or subsequent violation. |
| A.B. 6017 Establishes the crimes of unlawful sale of personal identifying information. |
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| A.B. 6073 S.B. 2899 Passed Senate 6/21/05 Relates to the crimes identity theft and unlawful possession of personal identification information; changes identity theft in the first degree to a class C felony; broadens the definition of unlawful possession of personal identification information in the first degree. |
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| A.B. 6584 S.B. 3087 Passed Senate 6/5/06 Provides that insurers may underwrite and sell group identity theft insurance policies. |
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| A.B. 7852 Establishes the crime of obtaining identity by electronic fraud when a person knowingly and willingly solicits, requests or takes any action by means of a fraudulent electronic communication with the intent to obtain the personal identifying information of another. |
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| A.B. 7864 Relates to identity theft; petitions for determination of factual innocence, issuance of identity theft passports and identity theft credit reports. |
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| A.B. 7865 Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft. |
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| A.B. 8579 Provides penalties for identity theft and unlawful possession of personal identification information against a senior citizen. |
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| A.B. 10008 S.B. 6594 Provides certain relief for persons who are victims of identity theft; provides for destruction of sealing of certain police and court records and for issuance of an identity theft passport. |
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| A.B. 10077 Establishes the identity theft prevention and mitigation unit under the jurisdiction of the consumer protection board; defines terms; outlines powers and duties of such unit; further establishes the New York task force on identity security; addresses the jurisdiction of reporting of a person who knows or reasonably suspects that his or her personal identification information was unlawfully used. |
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| A.B. 10496 S.B. 7192 Passed Senate 6/7/06 Provides that a consumer reporting agency shall not take an adverse action as the result of identity theft. |
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| A.B. 11430 S.B. 6873 Passed Senate 5/17/06 Increases the penalty for the crimes of identity theft and unlawful possession of personal identification information when the victim is a member of the armed forces and the perpetrator knows that the victim is a member of the armed forces. |
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| S.B. 11814 S.B. 8263 Passed Senate 6/22/06 First, as to the crimes involving identity theft (PL SS 190.78, 190.79, and 190.80) the penalties for committing these crimes would be increased by one level. Identity theft in the third degree (PL S 190.78) would be an E felony (raised from an A misdemeanor); the second degree offense, now an E felony would be a D felony and first degree identity theft would be classified as a C felony. Second, the crimes involving unlawful possession of personal identification information would also be increased in penalty level. The existing third degree crime constitutes an A misdemeanor (PL S 190.81), and would be elevated to an E felony. Similarly, the second degree level of this crime (PL S 190.82), now an E felony, would be a D felony, and the first degree level of this crime (PL S 190.83) would become a C felony. With respect to the first degree crime, the bill adds a new predicate, the possession of 250 items of personal identification information; the second degree crime would apply to 10 or more items of personal identification information, reduced from 250. Finally, the bill would also create a new class E felony, “Unlawful possession of a skimmer device” (PL S 190.85) for the possession of an electronic device designed to steal credit and debit card information. |
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| S.B. 597 Establishes the class A misdemeanor of electronic communication fraud for situations when one assumes the identity of another electronically with the intent to cause harm, or impersonates another with the intent to cause harm, or creates a false portrayal of another with the intent to harass another, or with the intent to provoke harm, harassment, or annoyance by a third party to another. |
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| S.B. 742 Passed Senate 6/21/05 Increases the penalties for identity theft crimes. |
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| S.B. 1270 Passed Senate 6/20/06 Establishes the crimes of unlawful sale of a Social Security number in the first and second degrees; prohibits the sale of a person’s Social Security account number; establishes unlawful sale of a Social Security number in the first degree as a class D felony and unlawful sale of a Social Security number in the second degree as a class E felony. |
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| S.B. 1847 Provides privacy protection for voter registration records; prohibits sale or other dissemination of records or information contained in such records if use of such information would promote identity theft, fraud or otherwise invade privacy. |
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| S.B. 7211 Passed Senate 6/14/06 Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft. |
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| S.B. 7606 Gives the division of criminal justice services power to promulgate a system to be used by state and local law enforcement agencies with respect to identity theft; allows victims of such crimes to better notify credit reporting agencies and exam credit reports to minimize damage and further loss. |
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| North Carolina | H.B. 546 Authorizes the Legislative Research Commission to study issues related to identity theft and consumer protection of credit reports. |
| S.B. 996 Authorizes the Legislative Research Commission to study issues related to privacy and personal information protection. |
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| Ohio | S.B. 358 Allows a consumer to place a security freeze on the consumer’s credit report, to specify that Social Security numbers are confidential, to specify that certain personal information is not a public record, to require a public office to redact from a document that is otherwise a public record certain personal information, to require a public office to redact Social Security numbers and other confidential information from any document that is made available online to the public through the internet, to require the Office of Criminal Justice Services to make state funding grants available to local law enforcement agencies for enforcement of identity fraud laws, to require the attorney general to support local law enforcement agencies with the enforcement of identity fraud laws, and to enact a special statute of limitations for criminal prosecutions and civil actions against identity fraud. |
| Oklahoma | H.B. 2109 Passed House Modifies the penalties for identity theft. |
| H.B. 2112 Creates the Identity Theft Protection Act. |
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| S.B. 1389 Creates the Oklahoma Identity Theft Act. |
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| S.B. 1748 Passed House 4/27/06 Creates the Identity Theft Protection Act. |
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| Pennsylvania | H.B. 896 Adds provisions relating to privacy protection for customer information of financial transactions; and imposes penalties. |
| H.B. 1348 Passed House 12/6/05 Provides for restitution for identity theft and makes a related repeal. |
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| H.B. 1893 Provides for reporting by victims of identity theft; establishes the Identity Theft Registry and the Identity Theft Passport Program; and further provides for the powers and duties of the attorney general. |
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| H.B. 1919 Provides for offenses relating to theft of and trafficking in government information and identifying documents; and further provides for the offense of bribery. |
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| H.B. 1922 Amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for increasing penalties for identity theft if the victim is physically or mentally challenged and for requirements for governmental access to certain electronic communications. |
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| H.B. 1923 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. |
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| H.B. 1924 Provides for the forfeiture of the pensions of certain public employees and authorizes the state or political subdivision to garnish the pension benefits of certain public officers and employees upon conviction of certain criminal activity related to their office or position of employment, including identity theft. |
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| H.B. 2076 Provides for duplicate and substitute drivers’ licenses and learners’ permits in cases of identity theft. |
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| H.B. 2184 Provides for identity theft; and imposes powers and duties on the Bureau of Consumer Protection to assist identity theft victims. |
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| S.B. 176 Provides for theft of personal or confidential information. |
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| S.B. 178 Passed Senate 11/21/05 Provides for victims’ rights; imposes penalties; establishes remedies; establishes the Office of Victim Advocate, the Bureau of Victims’ Services, the Victims’ Services Advisory Committee, the State Offender Supervision Fund and other funds; further defines “personal injury crime”; further provides for victims’ services advisory committee membership and for powers and duties of committee; and makes an appropriation. |
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| S.B. 714 Provides for duplicate and substitute drivers’ licenses and learners’ permits in cases of identity theft. |
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| S.B. 1246 Establishes an Identity Theft Prevention and Restoration Program in the office of the attorney general. Provides for identity theft identification cards for identity theft victims. |
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| Rhode Island | H.B. 7777 Prevents the publication of a credit report within the state with information changes made after the date of a criminal complaint made for identity theft. |
| South Carolina | H.B. 4297 Enact the “Identity Theft Protection Act”, by adding Chapter 20 to Title 37 providing for protections in connection with consumer credit-reporting agencies and with the use and communication of a consumer’s Social Security number, imposition of a security freeze on a consumer’s credit report, prescription of measures for disposal of personal identifying information and disclosure of unauthorized access to personal identifying information, and civil damages, including attorney’s fees and costs and injunctive relief; redesignates the Family Privacy Protection Act of Chapter 2, Title 30, as Article 1 and by adding Article 3 providing for protection of personal identifying information privacy in connection with a public body and its use and communication of a resident’s Social Security number, prescription for disclosure of Social Security information and identifying information by and to certain public bodies, prohibition of requiring the use of personal identifying information on a mortgage and in preparation of documents for public filing; and procedure for redacting certain personal identifying information from public records; adds §16-13-540 so as to provide for the expunction of the criminal record of a named individual incurred as a result of the unlawful use of his identifying information; adds §16-13-550 so as to provide for reporting of the crime of financial identity fraud to the local law enforcement agency and reference by the local agency to the agency with jurisdiction to investigate and prosecute; amends § 16-13-510, relating to the offense of financial identity fraud, so as to include the use of another’s information to obtain anything of value, including credit, to avoid legal consequences, or to obtain employment, and to provide, for exceptions, to further define “identifying information”, and to provide for criminal penalties, including restitution; amends §16-13-520 relating to prosecution of the crime of financial identity fraud, so as to further provide for the county in which the crime is considered to have been committed; adds §1-11-490 so as to provide for disclosure by an agency of this state of unauthorized access to the personal identifying information of a resident whose information the agency owns or licenses and to provide for civil damages, attorney’s fees, and injunctive relief. |
| S.B. 518 Passed Senate 4/26/06 Enacts the “Consumer Identity Theft Protection Act,” to prohibit certain charges by a consumer credit reporting agency, provides for the establishment of an identity theft database, provides an expedited court procedure for clearing the name of an identity theft victim, provides strict requirements for identity verification by a credit card issuer, provides for the blocking of inaccurate credit report information resulting from identity theft, provides a person receiving a seller or lender credit card solicitation is not liable for the unauthorized use of the credit card under certain conditions, and provides that the credit agency’s notice and reporting requirements conform to those of the federal Fair Credit Reporting Act. |
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| Washington | H.B. 2840 Increases the penalties for identity theft violations. |
| H.B. 3067 Authorizes the creation of a statewide “fraud alert network” to allow financial institutions and merchants to share information for the purpose of combating financial crime. Grants qualified legal immunity to merchants and financial institutions that participate in the fraud alert network. Appropriates $50,000 from the State General Fund to support the work of the Washington Financial Literacy Public-Private Partnership. Creates an identity theft grant program to be administered by the attorney general. Appropriates $1.5 million from the State General Fund to the attorney general for the identity theft grant program. |
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| S.B. 6822 Declares that Washington state recognizes the importance of protecting the confidentiality and privacy of an individual’s personal information contained in identification documents such as driver’s licenses. Declares that machine-readable features found on driver’s licenses and other similar identification documents are intended to facilitate verification of identity, not to facilitate collection of personal information about individuals, nor to facilitate the creation of private data bases of transactional information associated with those individuals. Declares that easy access to the information found on driver’s licenses and other similar identification documents facilitates the crime of identity theft, a crime that is a major concern in Washington. Provides that use of machine-readable features on identification documents for purposes other than verification of identity constitutes an unreasonable infringement of privacy and is an unfair business practice. |
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| West Virginia | H.B. 2049 Allows awards under the crime victims compensation program to be made to victims of identity theft. |
| H.B. 3070 Amends the crime of identity theft to provide that it is a felony if a person commits the crime with the intent to commit any other crime. |
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| H.B. 4281 Relates to consumer protection generally; ensures clean credit information and identity theft protection; defines certain terms; provides a security freeze procedure; provides protection for credit header information; establishes a right to file a police report on identity theft; declaration of innocence for crimes committed by identity thieves; consumer credit monitoring; security breaches; protection of Social Security numbers; prohibits credit scoring and insurance scoring for use in insurance decisions; requires adequate destruction of certain personal records; and provides for fines, criminal penalties and civil actions for violations. |
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| H.B. 4396 Includes persons who participate in or who contribute to taking a person’s identity with fraudulent intent under the provisions of the criminal offense of taking the identity of another person. |
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| Wisconsin | S.B. 581 Failed to pass pursuant to Senate Joint Resolution 1 5/11/06 This bill does the following: 1) makes changes regarding mail theft and identity theft; 2) makes changes regarding the use of social security numbers by businesses and employers; and 3) allows individuals to restrict access to their credit reports. Creates an additional penalty for cases in which the offender sought to obtain something of value or to avoid civil or criminal process or penalties and in which the victim was selected because he or she was a vulnerable adult or was disabled, elderly, or under the age of 18. The additional penalty increases the maximum fine by $5,000 and increases the maximum term of imprisonment by five years. |
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