US 2007 Introduced Identity Theft Legislation Resources

US 2007 Introduced Identity Theft Legislation Resources in United States

US 2007 Introduced Identity Theft Legislation Resources

 State:  Bill Summary:
 Alaska H.B. 31
Relates to breaches of security involving personal information, credit report and credit score security freezes, consumer credit monitoring, credit accuracy, protection of Social Security numbers, care of records, disposal of records, identity theft, furnishing consumer credit header information, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings.
H.B. 65
Relates to breaches of security involving personal information, credit report and credit score security freezes, consumer credit monitoring, credit accuracy, protection of Social Security numbers, care of records, disposal of records, identity theft, furnishing consumer credit header information, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings.
S.B. 21
Relates to breaches of security involving personal information, credit report and credit score security freezes, consumer credit monitoring, credit accuracy, protection of Social Security numbers, care of records, disposal of records, identity theft, furnishing consumer credit header information, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings.
 Arizona H.B. 2097
Passed House 3/6/07
Relates to identity theft sentences and jail.
H.B. 2716
Relates to establishing an affirmative defense of factual innocence for those charged with identity theft.
S.B. 1617
Relates to the Financial Information Privacy Act; provides that if a violation of this chapter results in the taking the identity of another person or entity pursuant to §13-2008 or the aggravated taking the identity of another person or entity pursuant to §13-2009, the civil penalties set forth shall be doubled.
 California A.B. 378
Provides that a caretaker of an older or dependant adult who commits a 2nd or subsequent violation of a law proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property of an older and dependent adult, regardless of the value of the money, labor, or real or personal property taken would be subject to punishment by imprisonment, a fine, or both.
A.B. 814
This bill, the Consumer Sales Security Act, requires that the Office of Privacy Protection develop an identity theft prevention program for businesses and retailers that will educate them on security methods and procedures to better protect the personal information and financial data of their customers. Makes it a felony for a person to illegally use or tamper with an electronic funds transfer device, and thereby obtain any personal identifying information or financial information. The bill states the intent of the Legislature to increase funding for law enforcement to prevent and investigate identity theft related to electronic funds transfer transactions.
A.B. 1504
Provides that a child may come within the jurisdiction of the juvenile court and become a dependent child of the court if the child has been a victim of identity theft, as defined, perpetrated by the parent or guardian or a member of his or her household.
S.B. 471
Establishes requirements for a person who has been a victim of identity theft to obtain a birth or death record.
S.B. 612
Relates to prosecutions for identity theft. Includes the crimes of unauthorized retention and transfer of personal identifying information. Adds the county in which the victim resided at the time the offense was committed to the jurisdictions in which a criminal action may be brought for commission of these crimes.
S.B. 751
Amends existing law which provides that the jurisdiction of a criminal action for unauthorized use of another’s personal identifying information is the county where the theft occurred or where the information was illegally used. Expands that provision to specify that the jurisdiction of a criminal action also includes the county where the victim resides.
 Connecticut S.B. 972
Failed Joint Favorable deadline 4/13/07
Extends the statute of limitations in identity theft cases; provides for a longer period to prosecute an identity theft case since a person might not discover that his or her identity has been stolen until many years after the actual theft.
 Delaware H.B. 117
Allows law enforcement to arrest individuals who have committed the act of identity theft while fraudulently purchasing narcotics.
 Florida H.B. 1117
Died in messages 5/4/07
Relates to personal identification information; provides enhanced penalty for certain uses of personal identification information concerning individual 65 years of age or older without consent; prohibits willfully possessing sensitive personal information of another without that person’s consent; provides definitions and penalties.
H.B. 1211
Died 5/4/07
S.B. 2268
Died in committee 5/4/07
Relates to personal identifying information; prohibits distribution of personal identifying information of an individual without permission; provides criminal penalties.
S.B. 2184
Died in committee 5/4/07
Relates to personal identification information; provides enhanced penalty for certain uses of personal identification information concerning individual 65 years of age or older without consent; prohibits willfully possessing sensitive personal information of another without that person’s consent; provides definitions and penalties.
 Hawaii H.B. 1151
S.B. 1566
Imposes a mandatory minimum term of imprisonment for certain theft crimes, including identity theft, committed against victims 60 years of age and older.
S.B. 287
Relates to identity theft.
 Illinois H.B. 1504
Passed House 3/28/07
Amends the Criminal Code of 1961 and the Methamphetamine Control and Community Protection Act. Provides that a person who commits any of various offenses, including aggravated identity theft, in which the victim is 60 years of age or older shall receive a penalty one class higher than the penalty he or she would receive under current law. Provides that if a violation of the offense is a Class X felony, the defendant may be sentenced to a maximum term of imprisonment of 60 years. Amends the Unified Code of Corrections. Requires the court to impose an extended term sentence upon any offender who is convicted of any felony committed against a person 60 years of age or older at the time of the offense or such person’s property.
H.B. 1505
Amends the Criminal Code of 1961 and the Methamphetamine Control and Community Protection Act. Provides for enhanced penalties for committing various offenses, including aggravated identity theft, against a veteran. Increases by one class the penalties for various offenses committed against veterans.
S.B. 141
Amends the Criminal Code of 1961. Provides that the Attorney General, in cooperation with any law enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this State and who has filed a police report citing that the person is a victim of identity theft. Provides that a victim who has filed a report of identity theft with a law enforcement agency may apply for an identity theft passport.
S.B. 1228
Passed Senate 3/30/07
Amends the Criminal Code of 1961. Provides that theft of property owned by a place of worship has the same penalties as theft of property in a place of worship. Provides that a person may commit identity theft when he or she uses fictitious personal identification information or documents for a fraudulent purpose.
 Iowa H.F. 521
Requires the attorney general to establish a financial crimes unit in the department of justice to prosecute and assist county attorneys in the prosecution of such crimes. In addition, the unit is required to work with financial institutions in detecting financial crimes and with the financial crimes unit established in the department of public safety pursuant to the bill. The term “financial crimes” is defined to mean crimes primarily involving financial matters and includes but is not limited to health care fraud, mortgage fraud, check fraud, money laundering,telemarketing fraud, identity theft, and terrorism financing. Code §80.9, relating to the duties of the department of public safety, is amended to require the department to maintain a financial crimes unit to specialize ininvestigating financial crimes and enforcing the laws to address financial crimes and to assist local law enforcement in such investigations and enforcement activities. The definition of the term “financial crimes” used in new Code §13.35 is incorporated by reference. Implementation of both units is made subject to the availability of funding. The bill provides FY 2007-2008 appropriations from the general fund of the state to both departments for purposes of the units.
H.F. 655
Provides for the notification of a breach in the security of computerized data of personal information, allows a security alert or block on a consumer report, allows the issuance of an identity theft passport, requires the deletion of certain records relating to dishonored checks, prohibits the collection of certain unauthorized debt obligations, and provides for civil remedies and penalties.
H.F. 683
Relates to the Department of Justice establishing an Internet Web site for the victims of identity theft.
H.F. 684
Requires the Department of Justice to establish an Internet Web site to assist persons in identifying and reporting internet e-mail fraud related to identity theft and financial crimes.
 Kentucky H.B. 7
Passed House 2/22/07
Creates new sections of KRS Chapter 367 to create definitions related to identity theft; restricts certain uses by businesses of a consumer’s Social Security number subject to certain exceptions, to delay the effective date to July 1, 2008, and to make a violation subject to the same remedies, duties, powers and penalties as violations of the Consumer Protection Act; requires an agency or business to give notice to a person whose personal information was acquired in a security breach subject to certain exceptions, to make a waiver void and unenforceable, and to declare that a violation is subject to the same remedies, duties, powers and penalties as violations of the Consumer Protection Act; requires an agency or business to take certain measures to safeguard against security breaches subject to certain exceptions, and to declare that a violation is subject to the same remedies, duties, powers and penalties as violations of the Consumer Protection Act; declares that the provisions regarding business use of Social Security numbers, security breach notices, and safeguarding against security breaches do not limit the power to enforce criminal or civil statutes or the right to bring civil actions, and to provide venue for civil actions brought by the attorney general regarding violations; creates a new section of KRS Chapter 17 to require a law enforcement agency to take a complaint and provide a copy of the police report to a complainant who has learned or reasonably suspects that his or her identity or personal information has been used without consent in the commission of a criminal offense; creates a new section of KRS Chapter 411 to establish an expedited Circuit Court procedure for a person whose identity or personal information has been used without consent in the commission of a criminal offense to get a determination that he or she is a victim of identity theft, and to require that the court filing fee be the same as for filing a small claims case; creates a new section of KRS Chapter 431 to establish an expedited procedure allowing a person who has been charged with a crime because another person used his or her identifying information, and who has been found not guilty or the charges have been dismissed, to make a motion to the Court to redact his or her identifying information from certain records and to establish a procedure restricting access and inspection of those records; creates a new section of KRS Chapter 12 to restrict certain uses by agencies of a person’s Social Security number, and to prohibit the inclusion of a person’s Social Security number in documents filed or recorded with an agency, subject to certain exceptions, to establish a procedure to request redaction of a Social Security number shown in official records on an agency’s Internet Web site subject to certain exceptions, and to delay the effective date to July 1, 2008; creates a new section of KRS Chapter 434 to create definitions and establish a Class D felony offense for “phishing,” which is using the Internet to induce a person to provide identifying information by representing without authorization that the requester is another person; create a new section of KRS Chapter 411 to provide a civil cause of action against a person who “phishes,” to allow injunctive relief, damages up to the greater of actual damages or $25,000 for each violation, treble damages in certain circumstances, and reasonable attorney’s fees and court costs to a prevailing plaintiff to subject violations to the remedies, powers, and duties of the Consumer Protection Act, and to establish a statute of limitations; amends KRS 365.720 relating to disposal of records to create a definition for “agency” and delete the definition for “customer”; amends KRS 365.725 to extend the application of the records disposal provisions to agencies and to make the provisions applicable to all records; amends KRS 15.334 to require law enforcement basic training regarding identity theft; amends KRS 411.210 to extend the civil cause of action for victims of certain identity-theft-related crimes to persons whose identity or personal information has been used without consent in the commission of a criminal offense, and to extend the statute of limitations to the later of five years or the date of discovery of the violation or the identity of the perpetrator of the violation; amends KRS 514.160 to provide that the crime of theft of identity applies to use of a live or deceased person’s identity, to increase the types of identifying information protected, and to delete the exclusion of credit or debit card fraud crimes; amends KRS 525.080 to provide that the crime of harassing communications applies whether the perpetrator is using the perpetrator’s own or another person’s identity.
S.B. 19
Withdrawn from further consideration 2/14/07
Creates a new section of KRS Chapter 411 to allow a victim of identity theft to obtain a circuit court judgment authenticating that status.
S.B. 39
Creates a new section of KRS Chapter 411 to allow a victim of identity theft to obtain a court judgment authenticating that status.
S.B. 73
Amends KRS 514.160, relating to identity theft, to increase the penalty level where the victim suffers injury or death as a result of the offense or its remediation.
S.B. 115
Creates a new section of KRS Chapter 411 to allow a victim of identity theft to obtain a court judgment authenticating that status.
 Maryland H.B. 917
Withdrawn 3/22/07
Authorizes a person who has learned or reasonably suspects that the person has been the victim of identity fraud to petition a court 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 database of victims of identity fraud.
H.B. 931
Authorizes a court to order a defendant who pleads guilty or is found guilty of using another person’s name or other identification without consent or authorization to make restitution to the victim for costs associated with an expungement proceeding that arose because of the identity fraud.
H.B. 1044
Withdrawn 3/22/07
Provides an enhanced penalty for a person convicted of the crime of identity fraud who has been convicted of identity fraud on a prior occasion not arising from the same incident.
H.B. 1051
S.B. 306
Passed Senate 3/22/07
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
 Massachusetts H.B. 211
Relates to identity fraud.
H.B. 265
Authorizes identity theft victims to report identity theft to local law enforcement.
H.B. 328
Relates to identity theft protection; amends penalties relating to identity fraud.
H.B. 333
Relates to identity theft in the commonwealth; authorizes identity theft victims to report identity theft to local law enforcement; creates a division of privacy protection; regulates the use of Social Security numbers.
H.B. 1392
Relates to identity theft.
H.B. 1521
Relates to identity theft; includes pretexting in the crime of identity fraud.
H.B. 1571
Relates to the crime of identity fraud.
S.B. 161
Regards public safety and identity theft; creates a commission to study and publish findings and information concerning the incidence of identity theft.
S.B. 163
Regards public safety and policing practices to prevent identity theft; creates a commission to study and publish findings and information concerning the incidence of identity theft.
S.B. 180
Relates to the crime of identity fraud.
S.B. 233
Protects victims of identity theft.
S.B. 243
Relates to identity theft jurisdiction.
 Michigan S.B. 703
Increases penalties for identity theft and creates forfeiture provisions.
S.B. 705
Enacts sentencing guidelines for increased penalties for certain identity theft protection act violations.
S.B. 706
Includes the identity theft protection act as a predicate offense underlying a racketeering activity.
 Minnesota H.F. 541
S.F. 644
Relates to crimes; defines identity theft to include posing as another person for purposes of harassing or defaming.
H.F. 664
S.F. 1084
Relates to crime; tolls the statute of limitations for the crime of identity theft.
H.F. 1053
S.F. 727
Relates to crimes; makes it a felony to commit theft of a computer that has identity information in its memory about the owner or any other person.
H.F. 2167
S.B. 1676
Reorganizes the Minnesota Financial Crimes Oversight Council and Task Force; transfers responsibility over the oversight council and task force from the commissioner of public safety to the attorney general; provides the oversight council with more autonomy, including more control over appropriated money; strikes the requirement that the oversight council seek a nonstate match to state-appropriated funds; expands the oversight council’s and task force’s jurisdiction to include organized retail crime; expands the authority of the oversight council over the task force commander; adds legislators to the oversight council; requires a $1 surcharge on each driver’s license and Minnesota identification card issued and statutorily appropriates this money for the oversight council and task force; requires an annual report.
 Mississippi H.B. 821
Died in committee 1/30/07
Relates to identity theft; establishes procedure for victim to have debt forgiven and credit reports purged.
S.B. 2089
Died on calendar 2/12/07
Creates the “Mississippi Clean Credit and Identity Theft Protection Act”; defines certain terms; authorizes consumers to place a security freeze on their credit files; limits the release or sharing of credit header information; provides a consumer with the right to file a police report regarding identity theft with the local law enforcement agency having jurisdiction over his actual residence; provides identity theft victims with the right to obtain a court ordered factual declaration of innocence and creates a statewide criminal identity theft registry; requires notice to consumers in the event that security of data has been breached; limits the use of Social Security numbers; prohibits insurers from using information regarding a consumer’s creditworthiness for the purpose of determining rates for insurance or eligibility for coverage; regulates the disposal of records containing personal information.
 Missouri H.B. 171
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. 697
Requires the director of the Office of State Public Defender to develop brochures, pamphlets, and other materials providing information on the state’s expungement process, the types of violations and misdemeanors that can be expunged, and how to contact the office for attorney referrals. A victim of identity theft will be allowed to have his or her name expunged from all records resulting from any arrests or convictions occurring in his or her name.
 Montana H.B. 15
Missed Deadline for Appropriation Bill Transmittal 3/29/07
Appropriates money to the Department of Justice for education related to identity theft prevention and enforcement.
H.B. 32
Missed Deadline for Revenue Bill Transmittal 4/3/07
Amends the penalties for the crime of theft of identity.
 Nebraska L.R. 91
Though the Legislature has considered legislation to address the crime of identity theft, the purpose of this resolution is to determine if more can be done through legislation to effectively protect citizens from becoming victims of this crime.
 Nevada S.B. 155
Relates to identity theft; allows a postal inspector of the United States Postal Inspection Service to make arrests without a warrant under certain circumstances; increases the penalty for possessing, selling, transferring or obtaining and using the personal identifying information of another person under certain circumstances; creates a rebuttable inference of the intent to use the personal identifying information of another person unlawfully under certain circumstances.
 New Hampshire H.B. 269
Makes “pretexting,” the act of using a ruse to obtain personally identifiable information about another individual, a violation, subject to a fine, and establishes a private cause of action for those injured by pretexting.
 New Jersey A.B. 1364
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.
A.B. 4413
Prohibits a retail sales establishment from retaining or storing the full magnetic-stripe data, including Visa Card Verification Value 2 or MasterCard Card Validation Code 2, obtained from a credit card, debit card, or access device on any system components after a response to the retail sales establishment’s authorization request has been received. However, notwithstanding the above, a retail sales establishment may retain the account number, expiration date, and name contained on the credit card. The bill also provides that a business or public entity that is required to provide notice of a breach of security of computerized records to a customer pursuant to subsection a. or b. of section 12 of P.L.2005, c.226 (C.56:8-163) will be liable to a financial institution for the costs incurred by that financial institution in protecting the personal information of a customer or providing financial services to that customer as a result of a potential or actual breach of security of the computerized records of the business or public entity, including, but not limited to: (1) the cancellation or re-issuance by any financial institution of any credit card, debit card, or access device; (2) the closure of any deposit, transaction, share draft, or other account and any action to stop payments or block transactions with respect to a customer’s account; (3) the opening or re-opening of any deposit, transaction, share draft, or other account for any customer of the financial institution; and (4) any refund or credit made to any customer of the financial institution as a result of a breach of security. The bill also adds a definition of “financial institution” to the “Identity Theft Prevention Act.” It defines a financial institution as a bank, savings bank, savings and loan association, mutual savings bank, or credit union organized, chartered, or holding a license or authorization certificate under the law of this state, any other state, the United States, or of any other country, or the parent or the subsidiary of a financial institution. The term also includes any person who issues an access device and agrees with a consumer to provide electronic fund transfer services.
 New Mexico H.B. 540
Relates to identify security; requires police reports; provides for identity theft passports; allows for removal of a false identity in criminal records; extends time limit for prosecution of certain crimes; clarifies definitions.
S.B. 599
Vetoed by governor 4/6/07
Codifies the authority to expunge criminal records for victims of identity theft.
S.B. 1081
Codifies the authority to expunge criminal records for victims of identity theft.
 New York A.B. 61
Vetoed by governor 8/1/07
S.B. 4723
Provides that a consumer reporting agency shall not take an adverse action as the result of identity theft.
A.B. 217
Vetoed by governor 8/1/07
S.B. 5046
Substituted 6/21/07
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.
A.B. 646
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.
A.B. 1298
S.B. 1829
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.
A.B. 2635
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.
A.B. 2884
S.B. 2397
Passed Senate 5/9/07
Provides that insurers may underwrite and sell group identity theft insurance policies.
A.B. 5190
Relates to identity theft; petitions for determination of factual innocence, issuance of identity theft passports and identity theft credit reports.
A.B. 5551
Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft.
A.B. 7578
Provides penalties for identity theft and unlawful possession of personal identification information against a senior citizen.
A.B. 8152
Passed Assembly 6/14/07
Relates to debt collection procedures related to identity theft; establishes when a principal creditor shall cease collection activities; establishes penalties for violations of this article.
A.B. 8348
S.B. 5795
Passed Senate 6/6/07
Creates the crime of unlawful possession of a skimmer device for gathering the personal identification information of another person; upgrades the degree of crimes of identity theft.
A.B. 8705
S.B. 5961
Makes identity theft against a person age sixty-five or older a class D felony.
S.B. 1651
Passed Senate 3/7/07
Relates to the crimes identify 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.
S.B. 2090
Increases the penalties for identity theft crimes.
S.B. 2248
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.
S.B. 3653
Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft.
S.B. 4721
Relates to identity theft and unlawful possession of personal identification information.
 Ohio H.B. 139
Prohibits a court from ordering a statutory change of name for a person who has committed identity fraud or who must register under the Sex Offender Registration and Notification Law for having committed a sexually oriented offense or child-victim oriented offense.
S.B. 6
Passed Senate 10/24/07
Allows a consumer to place a security freeze on the consumer’s credit report, requires a public office to redact from a document that is otherwise a public record certain information, requires a public office to redact Social Security numbers or federal tax identification numbers from any document that is made available online to the public through the Internet, requires the Office of Criminal Justice Services to make state funding grants available to local law enforcement agencies for enforcement of identity fraud laws, requires the attorney general to support local law enforcement agencies with the enforcement of identity fraud laws, enacts a special statute of limitations for criminal prosecutions and civil actions against identity fraud, allows a safety worker to request the county auditor to remove the safety worker’s name from the general tax list of real and public utility property and the general duplicate of real and pubic utility property and insert the safety worker’s initials, and prohibits a county auditor from charging a real property conveyance fee to a safety worker who changes the current owner name on the general tax list of real and public utility property and the general duplicate of real and public utility property to the safety worker’s initials.
 Oklahoma H.B. 1382
Creates the Identity Theft Protection Act; 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; prohibits certain acts by persons or entities; provides exceptions; provides penalty; authorizes filing of civil suit.
 Oregon H.B. 2351
Allows trial of defendant charged with forgery, identity theft or certain related offenses either in county in which offense occurred or in which victim resides.
S.B. 436
Authorizes criminal prosecution of identity theft in county of residence of identity theft victims.
S.B. 953
Modifies crimes of harassment and identity theft.
 Pennsylvania H.B. 156
Amends the Crimes and Offenses Code. Provides for restitution for identity theft. Makes a related repeal.
H.B. 441
Passed House 6/18/07
Provides for the offense of unlawful capture and electronic transmission of private identifying information.
H.B. 992
Amends the Crimes and Offenses Code. Further provides for the offense of identity theft.
H.B. 1060
Amends the Administrative Code of 1929. Imposes powers and duties on the Bureau of Consumer Protection. Provides that the bureau has the power and duty to assist victims of identity theft as to corrective and remedial measures to be taken, including providing information as to the scope of the victim’s problem, coordinating communication with Federal and State agencies as to restoration or replacement of proper identifying information, and providing verification of identity theft as needed by the victim.
H.B. 1628
Provides that when a person commits an offense under subsection (a) and the victim of the offense is under 18 years of age, the grading of the offense shall be one grade higher than specified.
S.B. 389
Amends the Crimes and Offenses Code. Provides for theft of personal or confidential information.
S.B. 409
Establishes the Identity Theft Prevention and Restoration Program.
 Rhode Island H.B. 5235
Passed House 5/22/07
Mandates the specific penalties imposed for conviction of impersonation and identity fraud; a first conviction is imprisonment for not more than three years and a fine of not more than $5,000; a second conviction would require the person would be imprisoned for not more than three years nor more than five years and would be fined not more than $10,000.
S.B. 46
Withdrawn 3/6/07
Mandates judges to impose specific sentences for first or second convictions for impersonation fraud.
S.B. 77
Mandates judges to impose specific sentences for a second conviction for impersonation or identity fraud.
 South Carolina H.B. 3035
Enacts the “Identity Theft Protection Act”, adds 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 adds 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, as amended, 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. 8
Enacts the “Financial Identity Fraud and 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 adds 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 §1-11-490 so as to provide for disclosure by an agency of this state of unauthorized access to or acquisition of 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; adds §16-11-725 so as to make it unlawful to use another person’s household garbage for the purpose of committing financial or identity fraud; adds §16-13-512 so as to regulate the use of a cardholder’s Social Security number on a credit or debit card receipt; adds §39-1-90 so as to provide for disclosure by a person conducting business in this state of unauthorized access to or acquisition of the personal identifying information of a resident whose information the person owns of licenses and to provide for civil damages, attorney’s fees, and injunctive relief; amends §16-13-510, as amended, relating to the offense of financial identity fraud, so as to add the elements of wilfulness and knowledge and to include the offense of identity fraud as the use of another’s information to avoid legal consequences or to obtain employment and to further define “identifying information”; and repeals §16-13-515, relating to identity fraud.
S.B. 453
Passed Senate 2/22/07
Enacts the “Financial Identity Fraud and Identity Theft Protection Act”, adds 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 adds 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 §1-11-490 so as to provide for disclosure by an agency of this state of unauthorized access to or acquisition of 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; adds §16-11-725 so as to make it unlawful to use another person’s household garbage for the purpose of committing financial or identity fraud; adds §16-13-512 so as to regulate the use of a cardholder’s Social Security number on a credit or debit card receipt; adds §39-1-90 so as to provide for disclosure by a person conducting business in this state of unauthorized access to or acquisition of the personal identifying information of a resident whose information the person owns of licenses and to provide for civil damages, attorney’s fees, and injunctive relief; amends §16-13-510, as amended, relating to the offense of financial identity fraud, so as to add the elements of wilfullness and knowledge and to include the offense of identity fraud as the use of another’s information to avoid legal consequences or to obtain employment and to further define “identifying information”; and repeals §16-13-515, relating to identity fraud.
S.B. 776
Adds §16-13-525, so as to require that a person convicted of financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents that enable a person who is not authorized to live or work in the united states to receive benefits administered by an agency or political subdivision must disgorge any benefit received or make restitution to the agency or political subdivision that administered the benefit, and to permit that any person who suffers a loss of money or other property as a result of a person’s financial identity fraud or identity fraud involving an immigration related matter may bring an action to recover damages against anyone convicted of the violation, to make persons who commit financial identity fraud and identity fraud in immigration related matters jointly and severably liable, and to permit the award of attorneys fees and costs in civil actions.
 Tennessee H.B. 1489
S.B. 2285
Concerns Consumer Protection; renames Tennessee Identity Theft Deterrence Act of 1999 to Tennessee Identification and Personal Information Protection Act of 2007; includes unauthorized transfer of personal information under such act.
 Texas H.B. 941
Relates to the penalty for the fraudulent use or possession of identifying information.
H.B. 1640
Relates to the prosecution of the offense of fraudulent use or possession of identifying information.
H.B. 2003
Relates to the approval of certain checks by a check verification entity following notification that the issuer was a victim of identity theft; provides a civil penalty.
H.B. 2044
Keeps victims of identity theft from having their license suspended for crimes committed in their names by allowing the Department of Public Safety to defer or abate such a suspension under certain circumstances.
H.B. 2257
Relates to the misuse of certain government documents and related instruments and to the prosecution of certain offenses involving that conduct, including fraudulent use or possession of identifying information.
S.B. 367
Relates to the statute of limitations for identity theft and certain other crimes involving fraud, deception, or false statements.
S.B. 1211
Relates to the statute of limitations for the offenses of credit card or debit card abuse and fraudulent use or possession of identifying information.
S.B. 1530
Relates to the misuse and counterfeiting of certain government documents and related instruments for identity theft and other purposes and to the prosecution of certain offenses involving that conduct.
 Washington H.B. 1219
Creates an Office of Investigative Assistance within the State Patrol; declares that the Office of Investigative Assistance shall investigate cyber crimes, identity theft, drug trafficking law violations, organized crime activity, gang-related criminal activity, and missing and exploited children.
H.B. 1271
S.B. 5878
Concerns the filing of police incident reports for victims of identity theft; provides that a person who has learned or reasonably suspects that his or her financial information or means of identification has been unlawfully obtained, used by, or disclosed to another, as described in chapter 9.35 RCW, may file an incident report with a law enforcement agency.
H.B. 1272
Changes identity theft provisions; enacts this act to expressly reject the interpretation of State v. Leyda, 157 Wn.2d 335, 138P.3d 610 (2006), which holds that the unit of prosecution in identity theft is any one act of either knowingly obtaining, possessing, using, or transferring a single piece of another’s identification or financial information, including all subsequent proscribed conduct with that single piece of identification.
H.B. 1273
Declares an intent to enable financial institutions and merchants, to the extent permitted by federal law, to exchange information to prevent, detect, deter, and assist in the prosecution of financial fraud, bank robbery, money laundering, identity theft, and other financial crimes. Declares an intent to encourage the sharing of information consistent with federal law. Declares that a fraud alert network is intended to protect against or prevent actual or potential fraud and unauthorized transactions, claims, or other liability, and is intended to be exempt from the privacy disclosure requirements of the Gramm-Leach-Bliley Act of 1999. Provides that it is intended that so long as the participants comply with this act, the provisions of the Washington fair credit reporting act, chapter 19.182 RCW, do not apply to the fraud alert network. However, if it is determined that the federal fair credit reporting act applies to a fraud alert network, the Washington fair credit reporting act also applies.
H.B. 1274
Develops an identity theft grant program; requires the attorney general to develop a grant program to provide funding for persons and organizations that provide: (1) Education to aid seniors in preventing identity theft; (2) Assistance to aid seniors in recovering from identity theft; (3) Education to aid persons with a developmental disability and their legal representatives in preventing the theft of the identity of those persons.
H.B. 2054
Reports identity theft cases; provides that the Washington state patrol shall create and maintain a call center and a statewide web site that shall be available for the filing of incident reports relating to identity crimes.
H.B. 2057
Addresses identity theft; establishes a work group on identity theft check processes.
H.B. 2402
Provides that an additional 12 months shall be added to the standard sentence range for theft in the first degree, theft in the second degree, forgery, identity theft in the first degree, identity theft in the second degree, or criminal impersonation in the first degree, if there has been a special verdict or finding that an immediate relative of the victim died within six months prior to the commission of the crime under this act.
S.B. 6103
Creates a pilot program for enforcement of financial fraud and identity theft laws; requires that three pilot enforcement areas shall be established, two in the two largest counties by population west of the crest of the Cascade mountains, and one in the largest county by population east of the crest of the Cascade mountains.
 West Virginia H.B. 2026
Provides that identity theft is a felony if a person commits the crime with the intent to commit any other crime.
H.B. 2027
Vetoed by governor 3/23/07
Allows awards under the crime victims compensation program to be made to victims of identity theft.
H.B. 2179
Includes persons who participate in or who contribute to taking a person’s identity with fraudulent intent.
H.B. 2263
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.
H.B. 2705
Relates generally to consumer credit and identity theft protection; defines certain terms; provides a procedure for consumers to implement a security freeze; provides for notice of consumer rights; provides for protection for consumer credit header information; provides for the right to file a police report in the event of security theft; requires a notice to consumers of information systems breach; provides for factual declaration of innocence after identity theft; protects Social Security numbers; provides for civil penalties for violations; provides for making a violation an unfair or deceptive act or practice; and provides for severability of the provisions of the article under certain circumstances.

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