| State: |
Bill Summary: |
| Alabama |
H.B. 377
Passed House 4/7/05
Relates to the crime of identity theft; removes the provision classifying the crime of identity theft as a misdemeanor under certain circumstances and classifies all instances of the crime of identity theft as a Class C felony and further provides for the statute of limitations; authorizes the victim of any offense involving identity theft to request the court to enter an order for the public and private records of the victim to be corrected; and further provides for the statute of limitations for civil actions brought under this chapter. |
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S.B. 243
Indefinitely postponed 5/3/05
Classifies all instances of the crime of identity theft as a Class C felony and increases the statute of limitations for the crime of identity theft to seven years. Under existing law, a person who is a victim of identity theft may request the court to enter an order for public and private records of the victim, including financial records, to be corrected. This bill provides that the same type of order may be entered when a person is the victim of an offense which the court finds involves identity theft. Under existing law, a person who is a victim of identity theft may bring a civil action for damages as a result of a crime of identity theft. This bill increases the statute of limitation to bring the action from five years to seven years. |
| Alaska |
H.B. 270
Relates to breaches of security involving personal information, consumer report security freezes, protection of social security numbers, disposal of records, factual declarations of innocence after identity theft, furnishing consumer credit header information, and filing police reports regarding identity theft; and amending Rule 60, Alaska Rules of Civil Procedure. |
| Arizona |
S.B. 1143
Passed Senate 2/17/05
Creates the crime of aggravated identity theft if a person knowingly takes, purchases, manufactures, records, possesses or uses personal identifying information of either: 1) Five or more persons or entities. 2) A person or entity and causes a loss to a person/entity of $3,000 or more. 3) Provides that proof of possession of the personal/entity identifying information of five or more persons/entities out of the course of regular business may give rise to an inference that the information was possessed for an unlawful purpose. Makes aggravated identity theft a Class 3 felony. Creates the crime of trafficking in the identity of another person or entity if a person knowingly: Sells, transfers or transmits personal/entity identifying information (real or fictitious) for an unlawful purpose or to cause loss, whether the person or entity actually suffers any economic loss. Makes trafficking in the identity of a person or entity a Class 2 felony. Exempts a violation of A.R.S. § 4-241 by a person under 21 years of age from the penalties associated with identity theft (Class 4 felony), aggravated identity theft (Class 3 felony) and trafficking in the identity of another person (Class 2 felony). A.R.S. § 4-241 makes it a Class 1 misdemeanor if a person under 21 years old uses a fraudulent piece of identification to gain access to an establishment licensed to sell liquor. |
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S.B. 1210
Passed Senate 2/23/05
Specifies that possession of identifying information of a person or entity without that person’s or entity’s consent with the intent to obtain or use the identity for any unlawful purpose or cause loss to a person or entity is taking the identity of another person or entity. Provides for the new crime of aggravated taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal or entity identifying information of either: a) five or more persons or entities, without consent, with the intent to obtain or use the other persons’ or entities’ identities for any unlawful purpose or to cause loss to the persons or entities. b) Another person or entity, without consent, with the intent to obtain or use the other person’s or entity’s identity for any unlawful purpose and causes another person or entity to suffer an economic loss of $3,000 or more. Stipulates that proof of possession of the personal or entity identifying information of five or more persons or entities may give rise to an inference that the identifying information was possessed for an unlawful purpose in an action for aggravated taking the identity of another person or entity. Specifies that aggravated taking the identity of another person or entity is a class 3 felony. Reclassifies the conduct of a person knowingly selling, transferring or transmitting any identifying information of another person or entity, without the person’s or entity’s consent for any unlawful purpose or to cause loss to the person or entity as trafficking in the identity of another person or entity. Stipulates that trafficking in the identity of another person or entity is a class 2 felony. |
| Arkansas |
S.B. 1107
Assists in the prevention of identity theft. |
| California |
A.B. 424
Passed Assembly 5/27/05
Expands the definition of "personal identifying information" to include an equivalent form of identification. Provides that "person" as used in these provisions includes a firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity. |
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A.B. 484
Provides for the imprisonment or fine, or both, of a caretaker of an elder or dependent adult who commits a second or subsequent violation of any law proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property of the elder or dependent adult, regardless of the value of the money, labor, or real or personal property taken. |
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A.B. 618
Existing law provides that every person who willfully obtains personal identifying information about another person, as defined, and uses that information for any unlawful purpose is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or a fine not to exceed $1,000, or both, or by imprisonment in the state prison, or a fine not to exceed $10,000, or both. This bill provides that a second or subsequent violation of these provisions is punishable by imprisonment in the state prison for two, three or four years. Existing law provides that every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information, as defined, of another person, is guilty of a crime punishable by imprisonment in the county jail for a period not to exceed one year, a fine not to exceed $1,000, or by both that imprisonment and fine. This bill provides that a violation of these provisions is grand theft and is punishable by imprisonment in a county jail not to exceed one year or by imprisonment in the state prison. |
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A.B. 916
Passed Assembly 5/27/05
Increases the punishment for committing various crimes, including identity theft, again the elderly. |
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A.B. 946
Passed Assembly 5/27/05
Increase the punishment for committing various crimes, including identity theft, again the elderly. |
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A.B. 1036
Existing law provides that the jurisdiction of a criminal action for unauthorized use of personal identifying information includes the county in which the theft of the information occurred and the county in which the information was used for an illegal purpose. This bill expands these provisions to include unauthorized retention and transfer of personal identifying information. This bill also 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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A.B. 1581
Existing law makes it a felony or misdemeanor to willfully obtain the personal identifying information of another person and use it unlawfully, including to obtain credit, goods, or services. Further, existing law makes it a misdemeanor to acquire, transfer, or retain the personal information of another with the intent to defraud. Makes it a felony or a misdemeanor to acquire, transfer, or retain the personal information of 100 or more persons with the intent to defraud. |
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S.B. 128
Returned to secretary of Senate pursuant to Joint Rule 62(a)
Adds several offenses relating to theft of access cards and personal information to the list of offenses qualifying for a pattern of criminal gang activity. |
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S.B. 346
Existing law provides that every person who willfully obtains personal identifying information about another person, as defined, and uses that information for any unlawful purpose is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or a fine not to exceed $1,000, or both, or by imprisonment in the state prison, or a fine not to exceed $10,000, or both. Provides that a child whose parent or legal guardian has used the personal identifying information of the child in violation of the criminal provision described above may be adjudged a dependent child of the juvenile court. |
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S.B. 839
Creates the Identity Theft Traffickers Act of 2005, to provide that every person who, with intent to defraud, sells, transfers, or conveys, the personal information of another without that person's consent, or who, within any 12-month period acquires the personal identifying information of four or more other persons which he or she knows or has reason to know was taken in violation of provisions relating to identity theft, is guilty of grand theft, punishable by imprisonment in a county jail for a period not exceeding one year or in the state prison for 16 months, or two or three years. Provides that every person convicted of a felony violation of, or conspiracy to violate these provisions is punishable by an additional two-year term of imprisonment in the state prison. Provides that every person who violates these provisions with respect the personal identifying information of a person who is less than 18 years of age, is an elder or dependent adult, or who is a person engaged in services in the uniformed services, is punishable by an additional one year term of imprisonment in the state prison. Provides that probation shall not be granted nor shall the execution or imposition of sentence suspended for a person who has been convicted of a felony violation of provisions relating to personal identifying information if he or she has a prior felony conviction for a violation of those provisions. |
|
Colorado |
H.B. 1116
Postponed indefinitely 4/8/05
Adds applying for a government document under a false identity to the crime of criminal impersonation. Creates the crime of identity theft by prohibiting, during the commission of criminal impersonation, the use of the personal identifying information of another. Makes identity theft a class 4 felony. Requires the court to sentence the defendant to the midpoint of the presumptive range upon conviction of identity theft or conspiracy to commit identity theft subsequent to conviction of certain other felonies. |
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H.B. 1226
Postponed indefinitely 4/8/05
Criminalizes using a false identity to gain the personal identifying information of another over the Internet. Criminalizes theft, with the intent to defraud, of personal identifying information from a trash receptacle if the person unlawfully enters the trash receptacle. Requires a commercial website or on-line service provider who gathers personal identifying information to post its privacy policy on its Web site or on-line service. Changes the name of the crime of "unlawful possession of personal identifying information" to "unlawful possession of personal identifying information for identity theft purposes", and makes it a class 5 felony if a ballot proposal passes that would allow the state to retain a portion of the TABOR excess revenues. Requires businesses to develop policies for the retention of documents containing personal identifying information to guard against release or loss of that information. Adds an account number or other identifier representing billing information to the definition of personal identifying information. Makes a 5-year statutory appropriation. |
| Delaware |
S.B. 124
Prohibits the installation, transmission, and use of computer software that collects personally identifiable information, and authorizes the attorney general to bring a civil action against anyone who violates any provision of this act and seek damages ranging from $1,000 to $1 million. |
| Florida |
S.B. 978
Died in committee 5/6/05
Relates to the unlawful use of personal identification information; includes other information within the definition of the term "personal identification information"; defines the term "counterfeit or fictitious personal identification information"; revises criminal penalties regarding the offense of fraudulently using, or possessing with intent to fraudulently use, said information; requires business persons maintaining computerized data that includes personal information to disclose breaches of system security under certain circumstances. |
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S.B. 2162
Died in committee 5/6/05
Provides legislative intent; prohibits a person or business entity from using the Internet to solicit, request, or take any action to induce a computer user to provide personal identification information by fraudulently representing that person or business is an on-line business; prohibits a business entity or person who is not an authorized user of a computer from committing certain specified deceptive acts or practices that involve a computer. |
| Illinois |
H.B. 380
Passed House 2/8/05
Creates the Illinois Spyware Prevention Initiative Act. Prohibits a person or entity other than the authorized user of a computer from causing computer software to be copied onto the computer and using the software to: 1) take control of the computer; 2) modify certain settings related to the computer’s access to use of the Internet; 3) collect, through deceptive means, personally identifiable information; 4) prevent, without authorization, an authorized user’s reasonable efforts to block the installation of or disable software; 5) misrepresent that the software will be uninstalled or disabled by an authorized user’s action; or 6) through deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer. |
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H.B. 817
Creates the Identity Fraud Protection Act. Contains only a short title provision. |
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H.B. 1108
Amends the Criminal Code of 1961. Includes the crime of identity theft and aggravated identity theft as offenses which prosecution may be commenced at any time. |
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H.B. 2067
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the offense of financial identity theft. |
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H.B. 2698
Amends the Criminal Code of 1961. Provides that a prosecution for misdemeanor or felony identity theft or for aggravated identity theft must be commenced within five years (rather than three years if the offense is a felony or one year and six months if the offense is a misdemeanor) after the commission of the offense. |
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H.B. 2701
Amends the Criminal Code of 1961. Enhances the penalties for aggravated identity theft. Provides that aggravated identity theft of property not exceeding $300 in value is a Class 3 (rather than Class 4) felony. Provides that aggravated identity theft of property exceeding $300 and not exceeding $10,000 in value is a Class 2 (rather than Class 3) felony. Provides that aggravated identity theft of property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 (rather than Class 2) felony. Provides that aggravated identity theft of property exceeding $100,000 in value is a Class X (rather than Class 1) felony. Provides that the penalty for a person who is convicted of a second or subsequent offense of aggravated identity theft who has been previously convicted of aggravated identity theft regardless of the value of the property is an enhanced Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 15 years and not more than 50 years. |
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H.B. 3456
Creates the Financial Institution Identity Theft Prevention Program Act. Provides that the Department of Financial and Professional Regulation shall create a Financial Institution Identity Theft Prevention Program to make grants to banks, savings and loans, savings banks, and credit unions for the purpose of training their personnel to identify and uncover identity theft. Amends the State Finance Act. Creates the Financial Institution Identity Theft Prevention Fund. Provides that the governor shall direct the state treasurer and comptroller to transfer an amount equal to 25 percent of the amount of any transfer from specified funds to the General Revenue Fund to the Financial Institution Identity Theft Prevention Fund for the purpose of implementing the Financial Institutions Identity Theft Prevention Program Act. |
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H.B. 3457
Passed House 4/8/05
Amends the Illinois Vehicle Code. Provides that any person 61 years of age or older applying at a driver services facility for renewal of his or her driver’s license shall be provided, without charge, with a brochure warning the person of the dangers of financial identity theft. Provides that the secretary of state shall prepare these brochures in consultation with the Department of Financial and Professional Regulation. Establishes requirements for the content of the brochures. Provides that the secretary shall adopt rules for implementing the new provision. |
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H.B. 4138
Amends the Code of Civil Procedure. Provides that a person who is convicted of identity theft, aggravated identity theft, misdemeanor criminal sexual abuse when the victim of the offense at the time of its commission is under 18 years of age, misdemeanor sexual exploitation of a child, misdemeanor indecent solicitation of a child, or misdemeanor indecent solicitation of an adult in this state or any other state who has not been pardoned shall not be permitted to file a petition for a name change in the courts of Illinois. |
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H.B. 4179
Amends the Code of Civil Procedure. Provides that a person who is convicted of identity theft, aggravated identity theft, felony or misdemeanor criminal sexual abuse when the victim of the offense at the time of its commission is under 18 years of age, felony or misdemeanor sexual exploitation of a child, felony or misdemeanor indecent solicitation of a child, felony or misdemeanor indecent solicitation of an adult, or any other offense for which a person is required to register under the Sex Offender Registration Act in this state or any other state who has not been pardoned shall not be permitted to file a petition for a name change in the courts of Illinois. |
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H.B. 4297
Amends the Criminal Code of 1961. Provides that a person convicted of identity theft who uses any personal identification information or personal identification document of another to purchase methamphetamine manufacturing material with the intent to unlawfully manufacture methamphetamine is guilty of a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense. |
| Indiana |
H.C.R. 74
Urges the establishment of an interim study committee on identity theft. |
| Iowa |
H.F. 612
Withdrawn from further consideration 3/30/05
Relates to the offense of identity theft, including providing for civil causes of action, and the rights of financial institutions regarding violations. Expands the definition of "identification information" to include a student or military identification number, alien or citizenship number, employer identification number, signature or electronic signature, electronic identifier or screen name, biometric identifier, genetic identification information, access device, logo, symbol, or trademark. Provides a definition of "financial institution". Describes the appropriate venues in which violations may be prosecuted. Provides that any property obtained by a person as a result of identity theft that is in the possession of the person is subject to seizure and forfeiture pursuant to Code chapter 809A. Either a victim, or a financial institution that has indemnified a victim, may act as an interest holder and file a claim for forfeited property for the payment of damages suffered by the victim due to the violation. Provides that a financial institution may file a complaint of identity theft on behalf of a victim. A peace officer shall take a complaint in a report of identity theft at the request of a victim and provide a copy of the report to the victim. The peace officer may also provide copies of the report to a law enforcement agency in another jurisdiction with proper venue. Provides that a financial institution may file a civil action on behalf of an account holder who has suffered a loss of money due to identity theft. The civil action filed by or on behalf of a victim may seek certain damages described by the bill. Increases the amount of statutory damages available from $1,000 or three times the actual damages to $5,000 or three times the actual damages, and provides for the recovery of costs for the repair of a victim's credit history, costs incurred for bringing an action to satisfy an obligation of the victim, and for punitive damages. Current law already provides for recovery of attorney fees and court costs. Provides that for the purpose of determining the statute of limitations period for civil actions to recover losses incurred due to identity theft, the limitations period shall not begin to run until the victim discovers the identity theft. |
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H.F. 465
Withdrawn from further consideration 3/30/05
Prohibits actions related to the transmission, installation, and use of computer software. Prohibits a person, other than the owner or operator of a computer acting with actual knowledge or conscious avoidance of actual knowledge, from transmitting computer software onto the computer and using the software to modify certain settings relating to the computer's access to or use of the Internet, collect personally identifiable information through certain intentionally deceptive means, prevent an owner's or an operator's reasonable efforts to block the installation of or disable software through intentionally deceptive means, intentionally misrepresent that computer software will be uninstalled or disabled by an owner's or an operator's action, or through intentionally deceptive means remove, disable, or render inoperative security, antispyware, or antivirus software installed on a computer. |
| Kansas |
H.B. 2343
Creates the Consumer Protection against Computer Spyware Act. Makes it unlawful (1) to install any unauthorized computer software on a computer which would modify the personal settings related to the computer’s access to the Internet; (2) to collect, through intentionally deceptive means, certain personal information; (3) to prevent an authorized user’s reasonable efforts to block the installation of computer software; (4) to misrepresent intentionally that computer software will be installed or disabled by a user with knowledge that the software will not be uninstalled or disabled; and (5) to remove deceptively or disable antispyware or antivirus computer software installed on a computer. Establishes a task force on computer technology and privacy. The task force would be charged with examining the problems associated with computer privacy. |
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S.B. 232
Creates and defines the crimes of identity theft, identity fraud, and vital record fraud and assigns any crime involving false identification a severity level 9, nonperson felony. Vital records fraud involves the use of false information to obtain a certified copy of a vital record; the altering, amending, or counterfeiting of a vital record; or the deceptive use or sale of any vital record or certified copy of a vital record. Defines identity theft as knowingly and with intent to defraud obtaining, possessing, transferring, or using one or more identification documents of another person. Identity fraud would be willingly and knowingly supplying false information to obtain an identification document; altering, amending, or counterfeiting an identification document; or obtaining, possessing, using, or selling a fraudulently obtained identification document. |
|
Maryland |
H.B. 534
Withdrawn 3/21/05
Provides statewide jurisdiction for the Park Police of the Maryland-National Capital Park and Planning Commission investigating the crime of fraudulent use of personal identifying information; provides for specified limitations on the authority of the Park Police; and requires that notification of a crime of fraudulent use of personal identifying information occurring on specified property be made to a specified chief of police. |
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H.B. 780
S.B. 801
Withdrawn 3/30/05
Prohibits specified persons from causing computer software that modifies specified Internet settings, collects specified personally identifying information, prevents an authorized user from blocking the installation of specified software, or prevents an authorized user from disabling specified software to be copied onto a consumer's computer under specified circumstances; prohibits specified persons from misleading authorized users as to the effect specified actions will have with respect to computer software. |
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H.B. 824
S.B. 428
Expands the definition of personal identifying information as it relates to the offense of identity fraud; and alters specified penalties. |
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H.B. 1568
Withdrawn 4/8/05
Requires a law enforcement agency investigating a possible case of identity fraud to provide a notification to the Motor Vehicle Administration; provides for the contents of notifications required under the Act; requires the Administration to record specified information regarding a specified driver's license on receipt of a notification required under the Act; requires specified information to be available to law enforcement officers making traffic stops. |
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S.B. 123
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 for the victim that arose because of the identity fraud; allows a person to file a petition for expungement of specified records if the records resulted from the arrest of another using the person's name or other identification without consent or authorization. |
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S.B. 369
Authorizes a consumer to request that a consumer reporting agency permanently block the reporting of specified information under specified circumstances, including identity theft situations; requires a consumer protection agency to permanently block the reporting of specified information and notify a consumer of the effective date of a block on specified information within a specified time period under specified circumstances; authorizes a consumer reporting agency to decline or rescind a block under specified circumstances. |
| Massachusetts |
H.B. 825
Relates to identity fraud. |
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H.B. 1437
Relates to identity theft and consumer rights. |
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H.B. 1438
Relates to identity theft prevention by requiring photographs on credit card applications. |
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H.B. 1439
Relates to the crime of identity fraud. |
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H.B. 1441
Relates to law enforcement investigations of identity theft cases. |
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H.B. 1442
Relates to law enforcement investigations of identity theft cases. |
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H.B. 1445
Updates and enhances identity fraud protections. |
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H.B. 1446
Relates to the verification of consumer’s identity prior to issuing credit cards. |
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H.B. 4061
Relates to counterfeit and fraudulent documents; strengthens the current law by specifically targeting offenses associated with identity theft, adds more identity theft crimes, and creates a forfeiture provision to assist law enforcement. Provides assistance to the victims of identity theft, by requiring rapid notification to consumers when personal identifying information is compromised and facilitating measures to mitigate the impact of such thefts. |
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S.B. 192
Relates to the crime of identity fraud. |
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S.B. 236
Protects victims of identity theft. |
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S.B. 251
Relates to identity theft. |
| Michigan |
H.B. 4658
Prohibits the denial of credit or services because the consumer has been a victim of identity theft; requires an agency of this state that owns or licenses computerized data that include personal identifying information shall provide notice of any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose unencrypted personal identifying information is acquired by an unauthorized person or if the agency reasonably believes that an unauthorized person has acquired that information. The agency shall provide notice within five days after the agency discovers or is notified of the breach, unless otherwise specified. |
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S.B. 537
Provides for the seizure and forfeiture of property involved in certain identity theft violations. |
| Minnesota |
H.F. 929
S.F. 992
Modifies penalties for identity theft; requires minimum restitution payments and provides information to victims of identity theft. |
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H.F. 2214
S.F. 2016
Requires the commissioner of Public Safety to adopt rules to protect victims of identity theft from invalid criminal suspicion. |
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H.F. 2400
S.F. 2217
Regulates consumer credit reports; provides free credit reports to victims of identity theft. |
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H.F. 2554
S.F. 2145
Provides a procedure to block the reporting of information in a consumer credit report in cases of identity theft. |
| Missouri |
S.B. 381
Currently, Section 407.1355, RSMo, prohibits a person or entity from publicly posting an individual's Social Security number. This act redefines "public post" to include intentionally communicating or making an individual's Social Security number available to his or her co-workers. This act also prohibits requiring an individual to use his or her Social Security number as an employee number for employment-related activities. Currently, subsection 1 of this section, which includes these provisions of the act, applies to the use of Social Security numbers on or after July 1, 2006. This act makes the subsection effective on the same date as the act. This act also changes the penalty for identity theft based upon the amount of credit, money, goods, or services stolen or appropriated. Currently, identity theft which results in the theft or appropriation of credit, money, goods, services, or other property worth more than $500 but no more than $10,000 is a Class C felony. This act makes identity theft involving more than $500 but no more than $5,000 a Class C felony. Currently, identity theft which results in the theft or appropriation of credit, money, goods, services, or other property worth more than $10,000 but no more than $100,000 is a Class B felony. This act makes identity theft involving more than $5,000 but no more than $50,000 a Class B felony. Currently, identity theft which results in the theft or appropriation of credit, money, goods, services, or other property worth more than $100,000 is a Class A felony. This act makes identity theft involving more than $50,000 a Class A felony. |
|
Nebraska |
L.B. 294
Carried over to 2006 session
Establishes the Identity Theft Passport program in the attorney general’s office. The attorney general’s office will issue a passport to victims of identity theft who have submitted a certified copy of a court order for expungement or an identity theft report and an identity theft affidavit. Once an Identity Theft Passport is issued, the passport will be attached to any records maintained by the Nebraska State Patrol to protect victims of identity theft from false arrest. In addition to issuing the passports, the attorney general’s office will maintain a database of identity theft victims for use by law enforcement and victims. Creditors may also, but are not required, to recognize the Identity Theft Passports. |
|
New Jersey |
A.B. 834
Passed Assembly 6/21/04
Enhances penalties for theft by deception and theft of identity offenses when victim is a senior or disabled citizen. |
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A.B. 1068
Upgrades the offense of identity theft in cases where the victim does not suffer a pecuniary loss or suffers only a small pecuniary loss. Provides that identity theft would be a crime of the fourth degree if the amount involved is less than $500 or if the victim does not suffer a pecuniary loss. |
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A.B. 1080
Requires that a financial institution that discovers or reasonably should discover that a consumer's nonpublic personal information maintained by the financial institution was compromised in any way shall promptly notify the consumer of the breach of the security or confidentiality of the information. In addition to promptly notifying a consumer of the security compromise, a financial institution is required to provide assistance to the consumer to remedy any such compromise; to reimburse the consumer for any losses the consumer incurred as a result of the compromise of the security or confidentiality of such information; and to provide information concerning the manner in which the consumer can obtain assistance. However, a financial institution may delay notifying a consumer of the compromise of the security or confidentiality of the information at the request of a law enforcement agency investigating such violation for a period determined by the law enforcement agency performing the investigation. Additionally, if an issuer of credit receives a request for an additional credit card for an existing cardholder no later than 30 days after receiving a change of address for the cardholder, the issuer of credit is required to notify the cardholder of the request at the new address and former address no later than five days after sending the additional card to the new address. The issuer of credit shall also provide the cardholder with a means of promptly reporting incorrect changes. Any violation of this bill shall be punished under either N.J.S.A.56:11-38 or N.J.S.A.56:11-39, or both. |
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A.B. 1441
S.B. 793
Provides for expungement of records in cases where a victim of an identity theft was mistakenly accused of an offense. 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. |
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A.B. 4176
S.B. 616
Expands the list of “personal identifying information”, misuse of which constitutes a “theft of identity” offense; mandates that persons guilty of such an offense pay restitution; and creates a special unit within the State Police to investigate and deter identity theft. |
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A.B. 4354
S.B. 2906
Allows identity theft victims to petition for judicial determination of innocence. |
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S.B. 1146
Prohibits a creditor from denying or reducing the credit limit of a person solely because that person was a victim of identity theft. Any creditor who violates the provisions of the bill would be subject to a penalty of up to $5,000 per violation. |
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S.B. 2524
Combined with A.B. 4001
Allows victims of identity theft to obtain an official incident record from their local law enforcement agency if the victim reasonably believes or reasonably suspects that he has been a victim of identity theft. The victim may contact his local law enforcement agency to make a complaint and provide the victim with a police report. Establishes a procedure whereby a victim of identity theft could obtain a factual determination of innocence. The bill would also create a Statewide identity theft registry. Requires the Administrative Office of the Courts (AOC) to establish and maintain a database of persons who have been victims of identity theft and that 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. |
| New Mexico |
H.B. 246
Passed House
Relates to identity theft; extends the time limit for prosecution; provides remedies to victims; increasing a penalty. |
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H.B. 734
Relates to identity theft; clarifies criminal definition; requires police reports; provides remedies to victims; increases a penalty. |
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S.B. 260
Passed Senate
Increases the penalty for theft of identity to a fourth degree felony. |
| New York |
A.B. 660
Prohibits the use of inmate labor to access, collect or process personal information relating to a natural person residing in this state; provides for a civil penalty of not more than $1500 for a first violation and not more than $2500 for a second or subsequent violation. |
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A.B. 6017
Establishes the crimes of unlawful sale of personal identifying information. |
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A.B. 6073
S.B. 2899
Passed Senate 6/21/05
Relates to the crimes identity theft and unlawful possession of personal identification information; changes identity theft in the first degree to a class C felony; broadens the definition of unlawful possession of personal identification information in the first degree. |
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A.B. 6584
S.B. 3087
Provides that insurers may underwrite and sell group identity theft insurance policies. |
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A.B. 7852
Establishes the crime of obtaining identity by electronic fraud when a person knowingly and willingly solicits, requests or takes any action by means of a fraudulent electronic communication with the intent to obtain the personal identifying information of another. |
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A.B. 7864
Relates to identity theft; petitions for determination of factual innocence, issuance of identity theft passports and identity theft credit reports. |
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A.B. 7865
Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft. |
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A.B. 8025
Passed Assembly 6/21/05
S.B. 5370
Enacts the "Anti-Phishing Act of 2005," prohibits the misuse of the Internet to obtain identifying information by misrepresenting oneself as a business; authorizes the attorney general, Internet service providers, and those owning a Web page or trademark, who are adversely affected by such conduct to bring an action for injunctive relief and damages. |
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S.B. 597
Establishes the class A misdemeanor of electronic communication fraud for situations when one assumes the identity of another electronically with the intent to cause harm, or impersonates another with the intent to cause harm, or creates a false portrayal of another with the intent to harass another, or with the intent to provoke harm, harassment, or annoyance by a third party to another. |
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S.B. 742
Passed Assembly 6/21/05
Increases the penalties for identity theft crimes. |
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S.B. 1270
Establishes the crimes of unlawful sale of a Social Security number in the first and second degrees; prohibits the sale of a person’s Social Security account number; establishes unlawful sale of a Social Security number in the first degree as a class D felony and unlawful sale of a Social Security number in the second degree as a class E felony. |
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S.B. 1847
Provides privacy protection for voter registration records; prohibits sale or other dissemination of records or information contained in such records if use of such information would promote identity theft, fraud or otherwise invade privacy. |
| North Carolina |
H.B. 546
Authorizes the Legislative Research Commission to study issues related to identity theft and consumer protection of credit reports. |
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S.B. 996
Authorizes the Legislative Research Commission to study issues related to privacy and personal information protection. |
|
Oklahoma |
H.B. 1985
To conference committee 5/26/05
Creates the Identity Theft Protection Act; authorizes preparation and filing of an identity theft incident report; directs that a copy of the report be provided to the victim; allows the report to be shared with other jurisdictions; defines terms; provides certain exception for identity theft incident reports; prohibits certain acts by persons or entities; provides an exception; provides penalty; and authorizes filing of a civil suit. |
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S.B. 500
Relates to identity theft; specifies venue for certain actions. |
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S.B. 822
Relates to identity theft; expands the crime of identity theft; defines terms; provides for restitution; clarifies jurisdiction for crimes of identity theft; authorizes the expungement of records for identity theft victims. |
| Oregon |
H.B. 3010
Prohibits disclosure of public records relating to criminal investigation or prosecution or to confinement of persons convicted of crimes unless personal identifiers have been deleted. Increases the punishment for identity theft if personal information transferred relates to specified persons. |
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S.B. 744
Establishes the procedure by which an identity theft victim may receive a declaration by a court that the victim is innocent of a criminal offense committed by another person under the victim's identity. Directs the secretary of state to establish a database and toll-free telephone number for identity theft victims who receive the declaration. |
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S.B. 978
Prohibits disclosure of public records relating to criminal investigation or prosecution or to confinement of persons convicted of crimes unless personal identifiers have been deleted. Increases the punishment for identity theft if personal information transferred relates to specified persons. |
| Pennsylvania |
H.B. 896
Adds provisions relating to privacy protection for customer information of financial transactions; and imposes penalties. |
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H.B. 1348
Passed House 12/6/05
Provides for restitution for identity theft and makes a related repeal. |
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H.B. 1893
Provides for reporting by victims of identity theft; establishes the Identity Theft Registry and the Identity Theft Passport Program; and further provides for the powers and duties of the attorney general. |
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H.B. 1919
Provides for offenses relating to theft of and trafficking in government information and identifying documents; and further provides for the offense of bribery. |
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H.B. 1922
Amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for increasing penalties for identity theft if the victim is physically or mentally challenged and for requirements for governmental access to certain electronic communications. |
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H.B. 1923
Requires the office of attorney general to establish a regional identity theft unit pilot project and an identity theft victim database; and makes an appropriation. |
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H.B. 1924
Provides for the forfeiture of the pensions of certain public employees and authorizes the state or political subdivision to garnish the pension benefits of certain public officers and employees upon conviction of certain criminal activity related to their office or position of employment, including identity theft. |
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H.B. 2076
Provides for duplicate and substitute drivers' licenses and learners' permits in cases of identity theft. |
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H.B. 2184
Provides for identity theft; and imposes powers and duties on the Bureau of Consumer Protection to assist identity theft victims. |
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S.B. 176
Provides for theft of personal or confidential information. |
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S.B. 178
Provides for victims' rights; imposes penalties; establishes remedies; establishes the Office of Victim Advocate, the Bureau of Victims' Services, the Victims' Services Advisory Committee, the State Offender Supervision Fund and other funds; further defines "personal injury crime"; further provides for victims' services advisory committee membership and for powers and duties of committee; and makes an appropriation. |
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S.B. 714
Provides for duplicate and substitute drivers' licenses and learners' permits in cases of identity theft. |
| Rhode Island |
H.B. 5647
Creates the identity theft passport card, issued by the department of the attorney general, to give victim's of identity theft the means to identity themselves as a victim of identity theft to city and state agencies, including law enforcement agencies and the judiciary. |
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S.B. 2
Increases the penalties for offenses relating to false identification documents and would establish separate penalties for the offense of identity fraud. |
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S.B. 448
Creates the identity theft passport card, issued by the department of the attorney general, to give victim's of identity theft the means to identity themselves as a victim of identity theft to city and state agencies, including law enforcement agencies and the judiciary. |
|
South Carolina |
H.B. 3085
Passed House 2/1/05
Relates to financial identity fraud, so as to add that it is unlawful to use identifying information of another person for the purpose of obtaining employment. |
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S.B. 121
Relates to financial identity fraud, so as to add that it is unlawful to use identifying information of another person for the purpose of obtaining employment. |
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S.B. 518
Enacts the "Consumer Identity Theft Protection Act," to prohibit certain charges by a consumer credit reporting agency, provides for the establishment of an identity theft database, provides an expedited court procedure for clearing the name of an identity theft victim, provides strict requirements for identity verification by a credit card issuer, provides for the blocking of inaccurate credit report information resulting from identity theft, provides a person receiving a seller or lender credit card solicitation is not liable for the unauthorized use of the credit card under certain conditions, and provides that the credit agency's notice and reporting requirements conform to those of the federal Fair Credit Reporting Act. |
| Tennessee |
H.B. 576
S.B. 1758
Renames Tennessee Identity Theft Deterrence Act of 1999 as "Tennessee Identification and Personal Information Protection Act of 2005"; includes unauthorized transfer of personal information under such act. |
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H.B. 866
S.B. 1156
Withdrawn from further consideration 2/25/05
Increases the amount of identity theft investigation proceeds that are disbursed to state and local governmental agencies for the purpose of reducing identity theft. |
| Texas |
H.B. 163
Relates to the punishment for the offenses of forgery, credit or debit card abuse, and fraudulent use or possession of identifying information. |
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H.B. 717
Relates to the punishment for fraudulent use or possession of an elderly person's identifying information. |
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H.B. 752
Passed House 4/5/05
Under current law, the mere theft of identification documents belonging to another person, such as his or her driver's license, social security card, passport, etc., can be considered nothing more than a minor misdemeanor if those documents are not subsequently utilized to commit more serious criminal offenses. House Bill 752 elevates to the level of a state jail felony the penalty for the theft and mere possession of these items, regardless of their face value--and regardless of whether they are, or are not, subsequently utilized to commit further crimes. |
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H.B. 1032
Relates to the prosecution of the offense of fraudulent use or possession of identifying information and to assistance to victims of that offense. |
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H.B. 1574
Passed House 5/13/05
Amends the Penal Code by enhancing the punishment for the offense of fraudulent use or possession of identifying information from a state jail felony to a felony of the third degree if the offender uses identifying information from a deceased natural person, including a stillborn infant or fetus, without legal authorization. |
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S.B. 1182
Relates to the fraudulent use or possession of a person's identifying information and to certain fictitious documents. |
|
Virginia |
H.B. 2304
Makes it a Class 6 felony to fraudulently obtain, record, or access from a computer the following identifying information of another: (i) Social Security number; (ii) driver's license number; (iii) bank account numbers; (iv) credit or debit card numbers; (v) personal identification numbers (PIN); (vi) electronic identification codes; (vii) automated or electronic signatures; (viii) biometric data; (ix) fingerprints; (x) passwords; or (xi) any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services. Any person who sells or distributes such information or uses it to commit another crime is guilty of a Class 5 felony. |
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H.B. 2472
Updates the Virginia Computer Crimes Act to include recommendations made by the 2004 Joint Commission on Technology and Science and Virginia State Crime Commission joint study on Computer Crimes. Redefines computer invasion of privacy involving the unauthorized gathering of identifying information and punishes subsequent offenses, transferring the information to another or use of the information as a Class 6 felony. Currently, the offense is punishable only as a Class 1 misdemeanor. Additionally, the bill adds the fraudulent gathering of such information as a new crime and punishes it as a Class 6 felony and increases the crime to a Class 5 felony if a person transfers the information to another or uses the information. |
| Washington |
H.B. 1966
Passed House 3/10/05
Adds identity theft in the first and second degree to the list of designated "crimes against persons" within the prosecuting standards and guidelines section of the Sentencing Reform Act. |
| West Virginia |
H.B. 2049
Allows awards under the crime victims compensation program to be made to victims of identity theft. |
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H.B. 3070
Amends the crime of identity theft to provide that it is a felony if a person commits the crime with the intent to commit any other crime. |
