US 2007 Enacted Identity Theft Legislation Resources in United States
US 2007 Enacted Identity Theft Legislation Resources
| State: | Summary of Legislation: |
| Arizona | H.B. 2779 Signed by governor 6/21/07, Chapter 279 Modifies aggravated taking the identity of another person or entity by decreasing the amount of identities taken from five to three or more persons. Stipulates that a person who knowingly commits identity theft with the intent to obtain employment commits aggravated taking the identity of another person or entity. |
| S.B. 1045 Signed by governor 4/18/07, Chapter 95 Adds the following to the list of offenses that preclude a person from receiving a fingerprint clearance card unless the person is granted a good cause exception by the Board of Fingerprinting: a) negligent homicide; b) criminal damage; c) misappropriation of charter school monies; d) taking identity of another person or entity; e) aggravated taking identity of another person or entity; f) cruelty to animals; g) prostitution; h) sale or distribution of material harmful to minors through vending machines; i) portraying adult as minor; j) admitting minors to public displays of sexual conduct; k) welfare fraud; l) terrorism; m) computer tampering; n) unlawful possession of an access device; and o) unauthorized release of proprietary or confidential security information. |
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| Arkansas | H.B. 1309 Signed by governor 5/9/07, Act 85 Enhances the penalty for financial identity fraud under certain circumstances; creates the offense of nonfinancial identity fraud; amends provisions of existing law concerning restitution and venue. |
| Colorado | H.B. 1367 Signed by governor 6/1/07, Chapter 428 Amends provisions regarding the identity theft and financial fraud board in the Department of Public Safety. |
| Georgia | S.B. 236 Signed by governor 5/24/07, Act 241 Relates to the offense of identity fraud, so as to change certain provisions relating to the elements of the offense of identity fraud; provides for a victim’s right to file a report with a law enforcement agency. |
| Hawaii | H.C.R. 247 Passed House 4/13/07 H.R. 198 Adopted 4/13/07 Requests the attorney general and the Identity Theft Task Force to identify ways in which the process of notarizing documents can be improved to reduce identity theft. |
| Illinois | H.B. 281 Signed by governor 8/30/07, Public Act 95-0548 Amends the Criminal Code of 1961. Provides that a prosecution for theft of property exceeding a specified value, identity theft, aggravated identity theft, or any violation of the Financial Crime Law may be commenced within seven years of the last act committed in furtherance of the crime. Adds an immediate effective date. |
| H.B. 449 Signed by governor 8/16/07, Public Act 95-0199 Relates to the offense of aggravated identity theft. Includes identity theft committed in furtherance of the activities of an organized gang. |
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| H.B. 1236 Signed by governor 8/13/07, Public Act 95-0060 Amends the Criminal Code of 1961. Increases the penalties for identity theft by one class when the penalties for the offense are less than a Class X felony if the victim of the offense is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country. |
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| H.B. 1979 Signed by governor 9/18/07, Public Act 95-0625 Provides that a person who falsely represents himself or herself to be a public officer or a public employee commits a Class 4 felony if that false representation was for the purpose of effectuating identity theft. |
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| S.B. 1398 Signed by governor 8/27/07, Public Act 95-0437 Amends the Collection Agency Act. Sets forth requirements for debt collectors or collection agencies regarding communication with persons other than the debtor, communication conducted in connection with debt collection, validation of debts, and debt collection as a result of identity theft. |
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| Louisiana | H.B. 460 Signed by governor 7/9/07, Act 312 Increases mandatory imprisonment when crime of identity theft involves elderly or disabled victims. |
| Maryland | H.B. 26 Signed by governor 4/10/07, Chapter 10 S.B. 70 Signed by governor 4/10/07, Chapter 9 Alters to December 31, 2007, the date by which the Task Force to Study Identity Theft is required to report to the General Assembly; and provides for an alternate date for the termination of the Task Force. |
| H.B. 1036 Signed by governor 5/8/07, Chapter 447 Prohibits a person from claiming to be another person without the consent of that person with the intent of soliciting, requesting, persuading, or taking any other action to induce another to provide personal identifying information or a payment device number; provides that a person convicted of this offense is guilty of a misdemeanor. |
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| Massachusetts | H.B. 4414 Signed by governor 8/2/07, Chapter 82 Relates to security freezes and notification of data breaches; requires a law enforcement officer to accept a police incident report from an identity theft victim and to provide a copy to such victim, if requested, within 24 hours. Such police incident reports may be filed in any county where a victim resides, or in any county where the owner or license holder of personal information stores or maintains said personal information, the owner’s or license holder’s principal place of business or any county in which the breach of security occurred, in whole or in part. |
| Montana | H.B. 35 Signed by governor 4/17/07, Chapter 195 Provides assistance to victims of identity theft; clarifies the process for law enforcement in relation to identity theft passports; requires law enforcement to take reports in identity theft cases; expands the application of the identity theft passport program to all state residents; provides that an identity theft passport is equivalent to a police report or investigative report; provides penalties for false reports; requires consumer reporting agencies to block information resulting from identity theft; allows a victim of identity theft to request that records of arrest or conviction be expunged in certain circumstances; provides for insurance premium refunds upon expungement. |
| S.B. 192 Signed by governor 5/3/07, Chapter 404 Creates the offense of criminal invasion of personal privacy. |
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| Nebraska | L.B. 674 Signed by governor 5/24/07 Relates to the Credit Report Protection Act; prohibits use of Social Security numbers by employers as prescribed; provides a penalty; relates to a security freeze; requires copies of a police report evidencing that the consumer is a victim of identity theft; provides for a confirmation warning that the consumer may be denied credit because of a security freeze. |
| Nevada | A.B. 114 Signed by governor 5/8/07, Chapter 23 Relates to personal identifying information; requires solicitors to verify addresses on applications for credit when offering credit cards by mail; provides for a civil action for crimes involving the theft of personal identifying information. |
| A.B. 428 Signed by governor 6/13/07, Chapter 437 Provides that a person who uses another persons personal information to represent or impersonate that other person to obtain access to any personal identifying information of that other person without the prior express consent of that person, or obtain access to any record of the actions taken, communications made or received by, or other activities or transactions of another person without the prior express consent of that person is guilty of a category B felony. |
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| New Hampshire | H.B. 227 Signed by governor 6/11/07, Chapter 78 Permits a victim of identity theft to bring a private action for damages and to use the judgment to correct related public and private records. |
| New Jersey | A.B. 3668 Substituted 12/14/06 S.B. 1643 Signed by governor 1/29/07, Chapter 33 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. |
| New York | A.B. 8835 Substituted 6/19/07 S.B. 5541 Signed by governor 7/18/07, Chapter 346 Relates to police reports for victims of identity theft; requires local law enforcement agencies to take police reports of theft identity offenses; allows courts to include the value of time spent by the victims to remediate such crimes as part of restitution. |
| Oklahoma | H.B. 1329 Signed by governor 5/31/07, Chapter 167 Relates to crimes and punishments; relates to identity theft. |
| S.B. 567 Signed by governor 4/16/07, Chapter 10 Relates to crimes and punishments; authorizes preparation and filing of identity theft incident report; directs copy of report be provided to victim; allows report to be shared with other jurisdictions; defines term; provides certain exception for identity theft incident reports. |
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| Oregon | S.B. 447 Signed by governor 6/25/07, Chapter 583 Broadens scope of crime of identity theft. |
| S.B. 464 Signed by goveror 6/25/07, Chapter 584 Creates crime of aggravated identity theft; punishes by maximum of 10 years’ imprisonment, $250,000, or both; imposes presumptive term of imprisonment under certain circumstances. |
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| Tennessee | H.B. 200 Signed by governor 5/16/07, Public Chapter 170 S.B. 161 Creates the Credit Security Act of 2007; authorizes consumer to place a security freeze on their consumer credit report; provides a credit agency must develop procedures involving the receipt and processing of such freeze; provides that any person who obtains a report or requests a freeze fraudulently is liable for specified damages; provides procedures for the protection of legally obtained social security numbers; provides for identify theft passports for victims of identity theft. |
| Texas | H.B. 126 Signed by governor 6/15/07, Chapter 1163 Amends the Penal Code to add obtaining, possessing, transferring, or using the identifying information of a deceased person, with the intent to harm or defraud another and without legal authorization, to the offense of fraudulent use or possession of identifying information. Sets out circumstances under which the intent to harm or defraud another is presumed and makes such a presumption inapplicable to a business or other commercial entity or a government agency that is engaged in legal activity. Adds tampering with a governmental record to the list of offenses that may be used in establishing the offense of engaging in organized criminal activity. |
| H.B. 460 Signed by governor 6/15/07, Chapter 1173 H.B. 1823 S.B. 788 Relates to the offense of fraudulent use or possession of a person’s identifying information. |
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| H.B. 649 Signed by governor 6/15/07, Chapter 631 Relates to the fraudulent use of a child’s identifying information. |
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| H.B. 887 Signed by governor 6/15/07, Chapter 640 Increases the statute of limitations for credit card or debit card abuse, false statement to obtain property or credit, and fraudulent use or possession of identifying information to seven years. |
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| H.B. 2002 Signed by governor 6/15/07, Chapter 1044 Requires a bank to offer the customer the option of having the bank notify the check verification services that the customer was a victim of identity theft. This bill provides for a secure electronic notification system to convey this information. This bill also allows the customer to notify the check verification entity directly. |
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| Utah | H.B. 341 Signed by governor 3/9/07, Chapter 124 Creates a restricted special revenue fund known as the Attorney General Crime and Violence Prevention Fund for the receipt and expenditure of certain charitable gifts and donations to the Office of the Attorney General for identity theft investigations and prosecutions or an identity theft reporting system database. |
| H.B. 432 Signed by governor 3/15/07, Chapter 311 Requires the attorney general to maintain an Internet website to assist victims of identity-related crimes; requires that the Internet website allow a victim of an identity-related crime to report the crime and have the report routed to the appropriate law enforcement agency; and allows the attorney general to expand the website to include additional services. |
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| S.B. 15 Signed by governor 4/2/07, Chapter 264 Provides that the Department of Workforce Services may disclose to an individual the suspected misuse of the individual’s personal identifying information; provides that the suspected misuse may also be reported to appropriate law enforcement agencies responsible for investigating identity fraud violations; provides that the suspected use of personal identifying information includes a Social Security number under which wages are being reported by two or more individuals or that of an individual under the age of 16 with reported wages exceeding $1,000 for a single reporting quarter; and reduces from a class A to a class C misdemeanor a violation of the disclosure. |
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| S.B. 140 Signed by governor 4/2/07, Chapter 94 Amends provisions of the Criminal Code related to identity theft; modifies the definition of personal identifying information; provides that it is a felony of the second degree when a person fraudulently uses personal identifying information and that use results, directly or indirectly, in bodily injury to another person. |
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| S.C.R. 1 Signed by governor 3/8/07 Urges the United States Congress to pass identity theft and fraud legislation related to the intentional misuse of a Social Security number by an individual or a company; urges that the legislation include increased and effective verification requirements by companies, accompanied by the tools and resources necessary to adequately verify wither or not a Social Security number is fraudulent, increased penalties for individuals who intentionally use fraudulent Social Security numbers to obtain employment, avoid child support obligations, or for other personal gain; and urges that the legislation include increased penalties for companies who repeatedly report wages on employees with fraudulent Social Security numbers. |
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| Virginia | H.B. 1795 Signed by governor 3/27/07, Chapter 441 Amends identify theft statute to correct a possible reference to a false or fictitious person as a person who may be dead or alive. |
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