US 2008 Introduced Identity Theft Legislation Resources in United States
US 2008 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 Passed House 2/27/08 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. |
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| 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. |
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| Arizona | H.B. 2321 Passed House 3/19/08 Allows a person or prosecuting attorney to petition the superior court for a judicial determination of factual innocence if either of the following occurred as a result of the person’s personal identifying information being taken: 1. The person’s name was used by another person who was arrested, cited or charged with a criminal offense; or 2. The person’s name was entered in a judgment of guilt in a criminal case. Stipulates that the petition for a judicial determination of factual innocence must be filed in the superior court in the county in which the arrest was made, the citation was issued, or the criminal charge was filed. Requires the court to issue a signed order finding the person factually innocent if the court finds by clear and convincing evidence that, as a result of the person’s personal identifying information being taken, the person’s name was either: 1. Used by another person who was arrested, cited or charged with a criminal offense; or 2. Entered in a judgment of guilt in a criminal case. Allows a person or party to the action to petition the superior court for a judicial determination of factual improper party status if the person’s name was entered on record in a civil action or judgment as a result of the person’s personal identifying information being taken. Stipulates that the petition for a judicial determination of factual improper party status must be filed in the superior court in the county in which the civil action was filed. Specifies that proceedings to determine factual innocence or factual improper party status are in addition to other remedies available to identify theft victims. Prohibits persons or creditors from requiring identity theft victims to file petitions for judicial determinations of factual innocence or factual improper party status. Specifies that personal identifying information has the same meaning as in A.R.S. § 13-2001. |
| H.B. 2329 Includes identity theft crimes in the definition of a dangerous crime against an incapacitated adult or vulnerable adult. |
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| H.B. 2745 Passed House 4/1/08 Expands the crime of ID theft to include knowingly accepting the identity of another person if when hiring an employee, the person knowingly does both of the following: i) Accepts any personal identifying information of another person from an individual knowing that they are not the identified person. ii) Uses the provided information for work authorization under federal law. iii) Classifies knowingly accepting the identity of another person as a class 4 felony. Expands trafficking in ID theft to include allowing another person to obtain or continue employment. |
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| S.B. 1374 Expands the definition of “identity theft” to include knowingly taking, purchasing, manufacturing, recording, possessing or using any personal identifying information or entity identifying information of another real or fictitious person or entity, without consent, with the intent to obtain or continue employment. Establishes that a person commits knowingly accepting the identity of another person or entity if the person, in hiring an employee, knowingly does both of the following: a) accepts any personal identifying information or entity identifying information of another person or entity from an individual and knows that the individual is not the actual person or entity identified by that information. b) uses that identity information to determine whether the individual who presented that identity information has the legal right or authorization under federal law to work in the U.S. as described and determined under IRCA. Classifies knowingly accepting the identity of another person as a class 4 felony and requires a peace officer in any jurisdiction in which an element of an offense is committed or a result of an offense occurs, or the person or entity whose identity is accepted resides or is located, to take a report. Expands the definition of trafficking in the identity of another person to include knowingly selling, transferring or transmitting any personal identifying information or entity identifying information of another real or fictitious person or entity, without consent, to allow another person to obtain or continue employment. |
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| California | A.B. 378 Died pursuant to Art. IV, Sec. 10(c) of the Constitution 1/31/08 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 Died pursuant to Art. IV, Sec. 10(c) of the Constitution 1/31/08 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. |
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| A.B. 1504 Died pursuant to Art. IV, Sec. 10(c) of the Constitution 1/31/08 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. |
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| A.B. 1906 Makes findings and declarations regarding identity theft and directs the Department of Insurance to conduct a study, utilizing its existing resources, to determine if current law gives the department adequate oversight and regulatory authority of identity theft insurance policies, as specified. Directs the department to consult with other agencies and departments as needed. The department would be required to report its findings to the Legislature and make recommendations, if needed, to improve the insurance products designed to protect identity consumer security no later than December 1, 2009. |
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| A.C.R. 118 Proclaims March 3 of every year as Identity Theft Awareness Day. |
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| S.B. 471 Returned to secretary of Senate pursuant to Joint Rule 56 2/4/08 Establishes requirements for a person who has been a victim of identity theft to obtain a birth or death record. |
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| S.B. 612 Passed Senate 1/30/08 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. |
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| S.B. 751 Returned to secretary of Senate pursuant to Joint Rule 56 2/4/08 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. |
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| S.B. 1398 Requires any person who requests, in person, a certified copy of a birth or death certificate, to provide the official with valid identification, as prescribed. Requires that any person who has been the victim of identity theft who requests, in person, a certified copy of a birth or death certificate, submit a statement sworn under penalty of perjury that he or she is an authorized person and provide evidence, as prescribed, that he or she has been the victim of identify theft. |
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| Colorado | S.B. 197 Includes in the crime of identity theft, using or possessing the personal identifying information of another to deceive a peace officer. Creates the crime of criminal possession of identification documents that prohibits the possession or control of the drivers’ licenses, government-issued identification cards, or passports of two or more people without permission or lawful authority. Includes criminal possession of identification documents as a predicate racketeering offense. |
| Connecticut | H.B. 5250 Requires that enrollment in the Debix ID Theft Coverage be extended for two more years to the 106,000 taxpayers whose names and Social Security numbers were contained on the stolen Department of Revenue Services’ laptop. |
| H.B. 5760 Requires that if a state governmental agency, person or business intentionally or negligently loses or discloses an individual’s personal identifying information and such loss or disclosure results in such individual’s identity being stolen, such governmental agency, person or business shall be responsible for the cost of providing not less than two years of commercially available identity theft monitoring and protection for such individual, plus all costs and fees incurred by such individual to restore such individual’s identity. |
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| S.B. 30 Makes numerous changes in laws relating to identity theft, Social Security numbers, and restricting the dissemination of personal identifying information. Changes the criminal law by making the definition of “identity theft” broader, increases the penalty for criminal impersonation, and creates the crime of unlawful possession of personal access devices. Makes void any state- or municipal-issued credential (1) obtained by making a material false statement or (2) physically altered to misrepresent a material fact. Allows a victim of identity theft to sue for damages if the perpetrator was found guilty of trafficking in personal identifying information. Victims can already sue for damages if the perpetrator was found guilty of identity theft. The bill extends the statute of limitations for these suits from two to three years. The bill requires, rather than allows, courts to issue orders to correct public records whenever a person is convicted of identity theft. Allows perpetrators to be prosecuted in the area where the victim lives. Prohibits employers from disclosing an employee’s Social Security number without the employee’s written consent, with certain exceptions. Makes property gained from committing identity theft subject to forfeiture and requires proceeds from its disposition to be deposited in the Department of Consumer Protection’s (DCP) Consumer Protection Enforcement Account to pay for enforcing the laws relating to the professions and trades it regulates. Requires banks and credit unions to take adequate measures to protect against identity theft when disposing of documents containing personal identifying information. Creates another definition of “personal identifying information” (an individual’s Social Security number, age, or birth date) and restricts how it may be disseminated. Restricts how state agencies and political subdivisions may use an individual’s personal identifying information. Creates a Privacy Protection Enforcement Account to reimburse individuals hurt by violations of the bill’s provisions on the dissemination of personal identifying information. It is funded with fines imposed on those who violate them. |
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| S.B. 315 Requires the State Insurance and Risk Management Board to insure the state against losses people incur due to identity theft resulting from the state’s loss of personal identifying information. Requires the claims commissioner to hear and determine claims for these losses. |
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| Delaware | H.B. 117 Allows law enforcement to arrest individuals who have committed the act of identity theft while fraudulently purchasing narcotics. |
| Florida | S.B. 122 Withdrawn from consideration 3/12/08 Provides an enhanced penalty for certain fraudulent uses of personal identification information concerning an individual 65 years of age or older without first obtaining the consent of the individual. Deletes fraudulent intent as an element of certain offenses involving use, possession, or creation of personal identification information. |
| Georgia | S.B. 388 Passed both houses 3/18/08 Relates to identity fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving identity fraud, including subpoena power; to change provisions relating to investigations in identity fraud cases. |
| 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. |
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| Illinois | S.B. 2845 Amends the Illinois Insurance Code. Requires the Department of Financial and Professional Regulation to develop an appropriate consumer fact sheet to be provided to consumers, either via the Department’s website or by hard copy if requested, regarding identity theft insurance. Provides that the fact sheet shall include at a minimum, information on what is generally covered under identity theft insurance and on how to protect himself or herself from identity theft. |
| 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. |
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| H.F. 683 Relates to the Department of Justice establishing an Internet Web site for the victims of identity theft. |
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| 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. |
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| H.F. 2610 H.S.B. 717 Became H.F. 2610 3/13/08 Amends Code §715A.8(2), which creates the crime of identity theft, to include the elements of attempting tofraudulently use the identification information of a fictitious person to contract for various benefits, including to obtain employment. Amends Code §715A.8(3) to include employment and other benefits as value derived fromcommitting identity theft and to provide that if identity theft is committed but no value can be determined, the person commits an aggravated misdemeanor, which is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. Amends Code §715A.9 to include employment and other benefits for determining the value derived from committing identity theft. |
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| S.F. 2287 Provides that if a person violates a provision of Code chapter 144 relating to the issuance of vital records, and that violation constitutes identity theft pursuant to Code §section 715A.8, the person shall, in addition to any penalties otherwise imposed, be subject to the penalty provisions for identity theft violations. Specifically, an identity theft violation where the value of credit, property, or services involved exceeds $1,000 is a class “D” felony; a violation where the value of credit, property, or services involved does not exceed $1,000 is an aggravated misdemeanor; and in both instances violations are considered an unlawful practice under Code §714.16. That Code section contains provisions including a civil penalty of up to $40,000 per violation. |
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| Kansas | H.B. 2836 Creates the crime of employment identity fraud, if false or misleading identification documents are presented to an employer in order to obtain employment. The crime would be a severity level 8, non-person felony. |
| H.B. 2921 Provides that if the identification documents obtained or supplied are used for the purpose of obtaining employment, or if the possessor of such documents is an illegal alien, then identity fraud is a severity level 5, nonperson felony. |
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| S.B. 458 Passed Senate 3/27/08 Creates the crime of employment identity fraud which is willfully presenting to an employer false or misleading identification documents for the purpose of obtaining employment. The penalty is a severity level 8, nonperson felony. |
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| S.B. 644 Allows a consumer who has been the victim of identity theft, or the suspected victim of identity theft, to contact the local law enforcement agency with jurisdiction over the complainant. Requires the local law enforcement to take a police report of the incident and provide a copy of such report to the complainant. If the law enforcement agency lacks jurisdiction over the complainant, it shall make the appropriate procedural steps to record the complaint and refer it to the proper jurisdiction. |
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| Kentucky | H.B. 95 Amend KRS 514.160 to include with the offense of identity theft the theft of identity by an unauthorized alien for the purpose of obtaining employment. |
| H.B. 304 Repeals, reenacts, and amends KRS 514.160 relating to identity theft to increase the number of pieces of identifying information, include use of false identification to deprive a person of money, obtain employment, hide one’s true identity, cause another person to suffer economic loss, defraud another person, or attempt, solicit, or conspire to commit identity theft. |
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| H.B. 553 Passed House 3/18/08 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, 2009, and to make a violation subject to the same remedies, duties, powers, and penalties as violations of the Consumer Protection Act; requires a business to give specified 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 a 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 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 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 434 to create definitions and establish a Class D felony offense for “phishing”; 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 and 365.725 to conform; 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, to avoid criminal prosecution to the prohibited uses of another’s identity, 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 and to expand the offense to include harassment through electronic communication. |
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| S.B. 102 Amends KRS 514.160, relating to theft of identity, to add avoiding criminal prosecution as an element of the offense. |
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| Louisiana | H.B. 654 Provides that any offender, upon a third or subsequent conviction for identity theft, shall be imprisoned, with or without hard labor for not more than 10 years, fined not more than $20,000, or both. |
| H.B. 751 Adds the crime of identity theft to the list of offenses which constitute racketeering activity. |
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| S.B. 4 Requires adults and juveniles who are convicted of identity theft to: 1) Register with local law enforcement within 21 days of residing in the state or after conviction or release from confinement and pay a fee of $60. 2) Re-register if absent from their last address for more than 30 days. 3) If adults, notify the management of emergency shelters of their offender status within 24 hours. 4) If adults, give notice to certain residences and businesses within a certain area, publish notice in the official journal of the parish with a photograph, and give any other notice deemed appropriate by the courts including signs, handbills, bumper stickers, or clothing labeling. 5) Give notice to the Louisiana Bureau of Criminal Identification and Information of the post-secondary institution where the person is a student or a worker within five days. 6) If adult, give notice to within 10 days to local law enforcement of a change of address, temporary displacement, or temporary residence following the issuance of an evacuation order or declaration of emergency. Requires an annual update of registration for 10 years after conviction for a first offense, for life for subsequent convictions. Imposes a penalty for first conviction for “failure to register” of a fine of not more than $1,000 and imprisonment with hard labor for not less than two years nor more than 10 years without benefit of parole, probation, or suspension of sentence; a fine of $3,000 and imprisonment with hard labor for not less than five years nor more than 20 years without benefit of parole, probation, or suspension of sentence. |
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| Maine | L.D. 2220 Allows a person who is a victim of identity theft to make a report to the police and obtain a copy of the police report. Provides for a simple, expedient and comprehensive post-judgment method of relief when a person’s identity has been stolen and falsely used by another person in a criminal proceeding, a civil violation proceeding or a traffic infraction proceeding. It is immaterial as to what the final outcome is in that proceeding. The relief offered is a court determination of factual innocence and the correction of the court records and related criminal justice agency records. This bill does not provide relief to a person who has stolen another person’s identity and falsely used in it a criminal, civil violation or traffic infraction proceeding. |
| Maryland | H.B. 1096 S.B. 972 Withdrawn 3/24/08 Establishes that specified property that is used or intended for use in connection with a violation of the Identity Fraud law is subject to seizure and forfeiture; establishes conditions that would exclude specified property from forfeiture; establishes how specified property subject to forfeiture may be seized, with specified exceptions; establishes a deadline for filing a complaint seeking forfeiture; provides for the contents and distribution of a complaint. |
| H.B. 1107 S.B. 327 Passed Senate 3/14/08 Provides that specified personal and business documents are admissible as evidence and presumed to be authentic if the account holder testifies as to their authenticity in any judicial or administrative proceeding; and authorizes, in a criminal case or juvenile proceeding involving identity fraud, the introduction of the affidavit of a lawful credit cardholder as substantive evidence that the credit card or credit card number of the credit cardholder was taken, used, or possessed without authorization. |
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| H.B. 1113 Passed House 3/13/08 S.B. 60 Enrolled 3/30/08 Increases the penalty for a person who commits identity fraud where the benefit, credit, good, service, or other thing of value that is the subject of the offense has a value of $500 or greater; increases the penalty for a person who commits identity fraud under circumstances that reasonably indicate that the person’s intent was to manufacture, distribute, or dispense another individual’s personal identifying information without that individual’s consent. |
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| S.B. 846 Passed Senate 3/27/08 Establishes seizure and forfeiture procedures for property obtained through or used in connection with identity fraud; establishes conditions that would exclude specified property from forfeiture; establishes how specified property subject to forfeiture may be seized, with specified exceptions; establishes circumstances that must be considered when determining whether to seize specified property; establishes a specified deadline for filing a complaint seeking forfeiture. |
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| Massachusetts | H.B. 211 Relates to identity fraud. |
| H.B. 265 Authorizes identity theft victims to report identity theft to local law enforcement. |
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| H.B. 328 Relates to identity theft protection; amends penalties relating to identity fraud. |
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| 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. |
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| H.B. 1392 Relates to identity theft. |
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| H.B. 1521 Relates to identity theft; includes pretexting in the crime of identity fraud. |
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| H.B. 1571 Relates to the crime of identity fraud. |
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| 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. |
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| 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. |
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| S.B. 180 Relates to the crime of identity fraud. |
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| S.B. 233 Protects victims of identity theft. |
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| S.B. 243 Relates to identity theft jurisdiction. |
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| 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. |
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| S.B. 706 Includes the identity theft protection act as a predicate offense underlying a racketeering activity. |
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| S.B. 945 Passed Senate 3/19/08 Prohibits communicating under false pretenses to request personal identifying information, creating or operating an unauthorized webpage to solicit personal identifying information, or altering a computer or software setting to solicit personal identifying information, with the intent to commit identity theft or another crime; and prohibit the same activities without the element of intent. Prescribes a penalty of up to 10 years’ imprisonment and/or a fine of not less than $5,000 or more than $500,000, rather than up to five years and/or a maximum fine of $25,000, for violations of current identity theft prohibitions; and extend the penalty to violations of the bill committed with intent to commit identify theft or another crime. Allows the attorney general, or an interactive computer service provider, to bring a civil action against a person who violated the proposed prohibition that would not include the element of intent. Exempt a law enforcement officer engaged in his or her official duties, or any other investigator engaged in a lawful investigation, from the proposed prohibition that would not include intent to commit identity theft or another crime. Exempts an interactive computer service provider from liability under the Act for certain actions. Expands the definition of “personal identifying information” to include any account password in combination with sufficient information to identify and gain access to a person’s financial account, and a person’s automated or electronic signature or biometrics. |
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| S.B. 1191 Passed Senate 3/19/08 Amends the Code of Criminal Procedure to revise the sentencing guidelines classification of certain identity theft violations. Currently, a violation of Section 7 of the Identity Theft Protection Act (which provides for the criminal offense described in Senate Bill 945 (S-1)) is a Class E felony against the public order, with a statutory maximum sentence of five years’ imprisonment. Under the bill, the offense would be a Class D felony against the public order, with a statutory maximum sentence of 10 years’ imprisonment. |
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| 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. |
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| 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. |
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| 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. |
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| H.F. 3294 S.F. 2931 Expands identity theft crime to include using another’s identity to obtain employment; provides a criminal penalty. |
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| Mississippi | H.B. 252 Died in Senate committee 3/18/08 Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged. |
| S.B. 3017 Died on calendar 2/28/08 Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged. |
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| Missouri | H.B. 1384 Passed House 3/5/08 Specifies that identity theft victims have the right to contact the local law enforcement agency where they are domiciled and have an incident report about the identity theft prepared and filed. |
| H.B. 1746 This bill defines “breach of security of the system,” “personal information,” “proper identification,” “security alert,” and “security freeze.” Any person or company that conducts business in Missouri and owns or licenses computerized data which includes personal information is required to disclose a breach of security to any resident whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Notification must be made within 30 days of the discovery of the breach and may be given by written or electronic notice. Substitute notice may be given if the cost of providing notice would exceed $250,000. Violation of this requirement will be a class A misdemeanor. A consumer is allowed to place a security alert or freeze on his or her credit report. Once a security alert has been placed on a report, a consumer credit reporting agency will notify each person requesting consumer credit information of the alert. If a security freeze is in place, information from a consumer’s credit report may not be released to a third party without prior express authorization from the consumer, and a consumer credit reporting agency will not change any of the identification information in a report without sending a written confirmation of the change to the consumer. A consumer credit reporting agency must disclose in writing to the consumer a summary of his or her rights under Missouri law. Any person violating the requirements of the bill may be liable for any actual damages sustained by the consumer as a result of his or her negligence and the costs and attorney fees associated with any lawsuit. Any person convicted of the crime of identity theft which resulted in the theft of credit, money, goods, services, or other property of less than $500 from a disabled or elderly person will be guilty of a class D felony. If the theft of credit, money, goods, services, or other property was more than $500 but not exceeding $5,000 and the victim is a disabled or elderly person, it will be a class B felony. |
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| H.B. 2157 Passed House 4/2/08 Allows any person who has learned or reasonably suspects that he or she has been the victim of identity theft to file and receive a copy of a police report with the local law enforcement agency that has jurisdiction over his or her residence. If the jurisdiction for the investigation and prosecution of the crime lies elsewhere, the local law enforcement agency may refer the complaint to an enforcement agency in that jurisdiction. |
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| 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. |
| 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. |
| H.B. 1531 Establishes a cause of action for identity theft. |
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| New Jersey | A.B. 1755 Establishes a procedure whereby a victim of identity theft can 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 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 is to 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 victim’s identity. The bill also 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 is to be limited to criminal justice agencies, victims of identity theft and any other persons and agencies authorized by a victim. The AOC also is directed to establish a toll free number to provide access information to victims of identity theft. |
| A.B. 1896 Amends and supplements the recently enacted “Identity theft Prevention Act,” P.L.2005, c.226 to specifically provide for victims of identity theft with an “identity theft verification passport.” The identity theft verification passport provides victims with an additional method of demonstrating to law enforcement, creditors and other entities that they have been victims of identity theft. It also provides these entities with another tool which they may use in determining whether fraudulent charges have been made. This bill provides that once the report is filed, the victim may apply for an identity theft verification passport with the local law enforcement agency. Under the provisions of the bill, the local law enforcement agency is required to send a copy of the police report with the victim’s application to the attorney general for issuance of an identity theft verification passport. The attorney general processes the application and the supporting police report and issues the victim an identity theft verification passport in the form of a card or certificate. The victim may present the identity theft verification passport to any law enforcement agency to assist them in their investigation into whether false charges were made against the victim for an offense committed by a person other than the victim, who is using the victim’s identity. The victim may also present the passport to any creditor to assist the creditor in its investigation into whether fraudulent charges were made against accounts in the victim’s name or whether accounts were opened using the victim’s identity. In addition, the victim may present the passport to any other entity in order to assist in that entity’s investigation of whether the victim’s identity was fraudulently obtained or used without the victim’s consent. Acceptance of the identity theft verification passport presented by the victim to a law enforcement agency, creditor or other entity is at the discretion of the law enforcement agency, creditor or entity. A law enforcement agency, creditor or entity may consider the identity theft verification passport and surrounding circumstances and available information concerning the offense pertaining to the victim in determining whether to accept the identity theft verification passport. In addition, this bill requires the attorney general to maintain statistics concerning the number of applications submitted and the number of identity theft verification passports issued. The attorney general would be required to submit is report to the governor and the Legislature. |
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| A.B. 1997 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. The bill 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. The bill provides that the victim would not be charged a fee for the expungement. The bill 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. The bill also 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. |
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| A.B. 2218 Passed Assembly 3/13/08 Requires the attorney general to promulgate guidelines setting forth mandatory procedures to be followed by local police departments to enhance their ability to positively identify suspects before they are released. The purpose of the guidelines is to address the growing problem of “criminal identity theft.” Criminal identity theft occurs when a criminal suspect provides a law enforcement officer during an investigation or arrest with another person’s name and personal information, such as a driver’s license, whether valid or counterfeit, birth date, or Social Security number. The suspect is released, but the law enforcement agency has the victim’s information, not the suspect’s. As a result, unsuspecting victims whose information has been stolen may be arrested, have their driver’s license suspended, or be denied a professional license or employment based on a criminal history records they didn’t know they had. |
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| A.B. 2450 Addresses the security of personal information, such as Social Security numbers, driver’s license numbers, or financial account numbers, by businesses and public entities. It enhances the duty of a business or public entity to secure such information and respond to a breach of security, and broadens liability for violating this duty. First, the bill requires any business or public entity, when compiling or maintaining computerized records that include personal information, to secure the information by encryption or by any other method or technology rendering it unreadable, undecipherable, or otherwise unusable by an unauthorized person through generally available means. This requirement applies to any computer, including a desktop computer or laptop computer, computer equipment, computer network, or computer system, as defined by the bill. Compliance with this requirement shall require more than the use of a password protection computer program, if that program only prevents general unauthorized access to personal information, but does not render the information itself unreadable, undecipherable, or otherwise unusable by an unauthorized person operating, altering, deleting, or bypassing the password protection program. Second, the bill expands the definition of “breach of security” to include unauthorized access to any computerized records containing personal information, or unauthorized physical custody of such computerized records, whether or not accessed. The current law addresses a security breach more narrowly as only being an unauthorized access of personal information. By expanding this definition, the bill broadens the scope of situations in which a business or public entity shall take affirmative steps to notify and protect individuals concerning a breach, such as the physical theft of a computer or other computer device. Third, in the event that a business or public entity discovers circumstances of a breach of security, requiring notice to more than 1,000 individuals, the business or public entity shall also contract with one or more consumer reporting agencies, as defined by federal law, to provide each individual with at least five years of consumer credit monitoring and reporting. The business or public entity shall contract for the services at no cost to any individual, and shall not pass through the contracting cost to any individual as a charge, tax, or in any other manner. Fourth, the bill broadens the liability standard for establishing violations by a business or public entity. Since the existing law protecting personal information adopts the remedies available for violations of the consumer fraud act, P.L.1960, s.39 (C.56:8-1 et seq.), violators are already subject to the wide range of enforcement provisions available under that act, including: civil penalties of not more than $10,000 for a first offense or not more than $20,000 for any subsequent offense; treble damage awards; and attorneys fees and costs of suit. However, these do not apply unless the violation occurred willfully, knowingly, or recklessly. The bill broadens the range of legal liability to which these penalty provisions apply by encompassing violations based upon the negligence of the business or public entity. Finally, the bill establishes a nonlapsing, special fund within the General Fund, known as the Identity Theft Education Fund. The State Treasurer shall credit to the fund all civil penalties collected from violators pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) of the consumer fraud act. The director of the Division of Consumer Affairs, in the Department of Law and Public Safety, may draw upon this fund to produce materials and provide educational seminars for the public, addressing issues regarding identity theft. |
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| New York | 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. |
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| 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. |
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| A.B. 2884 S.B. 2397 Passed Senate 2/5/08 Provides that insurers may underwrite and sell group identity theft insurance policies. |
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| A.B. 5190 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. 5551 Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft. |
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| A.B. 7578 Provides penalties for identity theft and unlawful possession of personal identification information against a senior citizen. |
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| A.B. 8152 S.B. 7297 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. |
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| A.B. 8348 S.B. 5795 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. |
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| A.B. 8705 S.B. 5961 Makes identity theft against a person age sixty-five or older a class D felony. |
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| A.B. 9926 S.B. 2090 Increases the penalties for identity theft crimes. |
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| A.B. 10403 Expands permissible types of property/casualty group insurance, permits new types of insurance to be written in NYS and makes §3442 permanent. |
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| S.B. 1651 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. |
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| 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. |
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| S.B. 3653 Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft. |
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| S.B. 4721 Relates to identity theft and unlawful possession of personal identification information. |
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| S.B. 7253 Adds medical and health insurance information within the definitions of identity theft. |
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| 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. |
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| 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. |
| H.B. 2541 Relates to identity theft; modifies penalties; providing for revocation or acceleration of sentence for willful nonpayment of restitution. |
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| H.B. 3088 Creates the Oklahoma Identity Theft Protection Act of 2008. |
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| Oregon | H.B. 3615, Special Session Signed by governor 3/11/08, Chapter 27 Provides ballot title for S.B. 1087 that increases sentences for drug trafficking, theft against elderly and specified repeat property and identity theft crimes; requires addiction treatment for certain offenders. |
| S.B. 1087, Special Session Adopted 3/4/08, Chapter 14 Increases term of imprisonment for persons convicted of specified drug and property crimes under certain circumstances. Prohibits court from imposing less than presumptive sentence for persons convicted of specified drug and property crimes under certain circumstances. Requires the Department of Corrections to provide treatment to offenders and to administer grant program to provide supplemental funding to local governments for certain purposes. Refers Act to people for their approval or rejection at next regular general election. Provides that if both Act and specified initiative petition receive majority of affirmative votes, measure receiving fewer affirmative votes is repealed. |
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| 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. |
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| H.B. 992 Amends the Crimes and Offenses Code. Further provides for the offense of identity theft. |
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| 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. |
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| 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. |
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| S.B. 389 Amends the Crimes and Offenses Code. Provides for theft of personal or confidential information. |
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| S.B. 409 Establishes the Identity Theft Prevention and Restoration Program. |
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| Rhode Island | H.B. 7257 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. 2079 Mandates judges to impose specific sentences for a second conviction for impersonation or identity fraud. |
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| 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. |
| H.B. 4400 Adds §16-13-525 so as to require a person who uses financial identity fraud involving the creation of documents purporting to authorize employment in the United States to disgorge any benefit he receives and to provide for criminal penalties and individual civil remedies. |
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| 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. |
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| S.B. 453 Signed by governor 4/2/08 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, procedure for resolution of disputed credit 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 or 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. |
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| 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. |
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| 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. |
| Utah | H.B. 95 Enacting clause struck 3/5/08 Creates a Document Fraud-Identity Theft Unit within the Office of the Attorney General to investigate, apprehend, and prosecute individuals and entities involved with identity theft or identity fraud. |
| Virginia | S.B. 549 Passed both houses 3/11/08 Adds crimes related to identity theft and credit card fraud to the matters that a multijurisdictional grand jury may investigate. |
| S.B. 773 Passed both houses 3/11/08 Allows prosecutions for misdemeanor identity theft to be commenced within the same limits as computer crimes. Those limits are the earlier of (i) five years after the commission of the last illegal act or (ii) one year after the existence of the illegal act and the identity of the offender are discovered. |
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| Washington | 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. 2636 Passed House 2/7/08 S.B. 6670 Allows 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, to file an incident report with a law enforcement agency, by contacting the local law enforcement agency that has jurisdiction over his or her actual residence, place of business, or place where the crime occurred. Requires the law enforcement agency to create a police incident report of the matter and provide the complainant with a copy of that report, and may refer the incident report to another law enforcement agency. |
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| H.B. 2638 S.B. 6672 Provides that a person is guilty of identity theft in the second degree when he or she violates RCW 9.35.020(1) under circumstances not amounting to identity theft in the first degree. Provides that each crime prosecuted under this act shall be punished separately under chapter 9.94A RCW, unless it is the same criminal conduct as any other crime, under RCW 9.94A.589. Provides that whenever any series of transactions involving a single person’s means of identification or financial information which constitute identity theft would, when considered separately, constitute identity theft in the second degree because of value, and the series of transactions are a part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all of the transactions shall be the value considered in determining the degree of identity theft involved. Provides that every person who, in the commission of identity theft, shall commit any other crime may be punished therefor as well as for the identity theft, and may be prosecuted for each crime separately. |
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| H.B. 3045 Creates an identity theft unit within the Washington state patrol. Makes an appropriation. |
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| H.B. 3233 S.B. 6523 Orders the Washington association of sheriffs and police chiefs to establish the Washington identity theft analysis center, to be colocated with the Washington joint analytical center. Directs the center to create and maintain a Web site accessible to law enforcement and prosecutors. |
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| S.B. 6850 Creates the financial fraud and identity theft crimes investigation and prosecution program. |
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| West Virginia | H.B. 2026 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. |
| H.B. 2179 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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| H.B. 4572 Relates to the crime victims compensation program; allows awards under the crime victims compensation program to be made to victims of identity theft; and definitions. |
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