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2006 Enacted Identity Theft Legislation

September 21, 2006

State:	Bill Summary:
Alabama	S.B. 68 Signed by governor 3/6/06, Act 148 Amends §13A-8-192 of the Code of Alabama 1975, relating to the crime of identity theft; to remove the provision classifying the crime of identity theft as a misdemeanor under certain circumstances and to classify all instances of the crime of identity theft as a Class C felony and further provides for the statute of limitations; amends §13A-8-198 of the Code of Alabama 1975, to authorize 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 amends §13A-8-199 of the Code of Alabama 1975, to further provide for the statute of limitations for civil actions brought under this chapter.
California	A.B. 424 Signed by governor 2/24/06, Chapter 10 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.
	S.B. 1390 Signed by governor 8/28/06, Chapter 160 Existing law requires the Department of Justice to present to the governor an annual report containing the criminal statistics of the preceding calendar year. Existing law also requires that the report be printed or otherwise prepared so as to enable the attorney general to send a copy to public officials dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This bill requires that report to contain information on arrests for identity theft crimes.
Colorado	H.B. 1326 Signed by governor 5/30/06, Chapter 289 Repeals the following crimes: 1) Unlawful possession of personal identifying information; 2) Theft of personal identifying information; and 3) Sale or possession for sale of a financial transaction device. Reorganizes the statutes pertaining to identity theft and related offenses. Creates new crimes of identity theft, criminal possession of a financial device, and possession of identity theft tools. Allows a charge of identity theft to be tried in the county where an act occurred, in any county where an act in furtherance of the offense is committed, or in the county where the victim resides. Adds certain identity crimes to the list of crimes under the "Colorado Organized Crime Control Act."
	H.B. 1347 Signed by governor 5/30/06, Chapter 283 Creates in the department of public safety ("department") the identity theft and financial fraud deterrence board ("board") and the Colorado fraud investigators unit ("unit") to provide statewide support to law enforcement agencies in addressing identity theft and financial fraud crimes. Directs the board to make policy decisions for the unit. Directs the unit to assist in the investigation and prosecution of identity theft and financial fraud crimes. Specifies the membership of the board. Creates the unit in the Colorado bureau of investigation in the department. Requires the unit to provide the board with a comprehensive plan for addressing issues concerning identity theft and financial fraud crime, and requires the board to approve the plan. Directs the unit to provide the board with quarterly performance reports. Requires the board to report by May 1, 2009, to the judiciary committees on the implementation and success of the unit. Creates the Colorado identity theft and financial fraud cash fund to be funded by surcharges on uniform commercial code filings, lender licenses, and money transmitter licenses. Repeals the act on July 1, 2011. Subjects the board and the unit to the sunset review process. Appropriates $378,435 and 3.5 FTE to the department for the implementation of the act.
Connecticut	H.B. 5694 Signed by governor 5/8/06, Public Act 06-60 Protects consumers from identity and personal information theft by creating standards for destroying data and regulating the use of reencoders.
Delaware	H.B. 334 Signed by governor 6/30/06, Chapter 338 Creates identity theft "passports" for persons who are victims of identity theft and have filed police reports regarding such thefts. The office of the attorney general may issue a passport if reasonably assured that the applicant has an adequately substantiated claim. A victim of identity theft may present a passport to a law enforcement agency to help prevent his or her arrest or detention for an offense committed by someone other than the victim who is using the victim's identity, or to a creditor to aid in the creditor's investigation and establishment of whether fraudulent charges were made against accounts in the victim's name or whether accounts were opened using the victim's identity. Consumer reporting agencies must accept the passport as notice of a dispute and must include notice of the dispute in all future reports that contain disputed information caused by the identity theft. Law enforcement agencies and creditors are given discretion to accept or reject the passport. A passport application and its supporting documentation are considered confidential criminal justice information and are exempt from the public disclosure provisions of the Freedom of Information Act. Requires the attorney general to adopt regulations to implement the issuance of identity theft passports.
	S.S. 1 for S.B. 109 Signed by governor 6/30/06, Chapter 328 Creates protections for Delaware credit consumers. This Act permits consumers to “freeze” access to their credit files. Since identity thieves can only access the credit of their victims upon permitting access to the victim’s credit history, a “credit freeze’ would stop identity theft in its tracks. This credit freeze will be easy to use and available to all consumers. By January 31, 2009, this bill requires that consumer authorized access to credit histories take no longer than 15 minutes. The bill also provides an identity theft victim the right to request that a police report be prepared regarding such crimes.
Hawaii	H.B. 2535 Signed by governor 5/25/06, Act 141 S.B. 2434 Amends the offense of use of a computer in the commission of a separate crime by including the use of a computer to obtain control over the property of the victim to commit theft in the first or second degrees.
	H.B. 3244 Signed by governor 5/25/06, Act 140 Extends the life of the Hawaii Anti-Phishing Task Force established in 2005 and changes its name to the Identity Theft Task Force. Expands the responsibilities of the task force to include:  (1) identifying best practices to prevent identity theft; (2) establishing a timetable for the removal of personal identifying information from public records in Hawaii; (3) reviewing the current practices of other jurisdictions associated with the use and disclosure of government records containing Social Security numbers, the current volume and likely future increase or decrease in the volume of these government records, and the practicability of any proposed mandatory redaction from certain types of records or documents, and (4) identifying and recommending solutions to Social Security number protection issues. Appropriates funds for the development of a uniform system of tracking identity theft crimes.
	S.B. 2159 Signed by governor 5/25/06, Act 139 Prohibits the possession of confidential personal information by a person who intentionally or knowingly possesses without authorization any confidential personal information of another. Establishes an affirmative defense for a person to possess confidential personal information of another if that person was under the reasonable belief that the possession was authorized by law or by the consent of the other person. Makes the offense of unauthorized possession of confidential personal information a Class C felony. Adds the offenses of identity theft in the third degree and unauthorized possession of confidential personal information as enumerated offenses within the repeat offender statute.
Illinois	H.B. 4179 Signed by governor 6/27/06, Public Act 94-0944 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.
	H.B. 4297 Signed by governor 6/5/06, Public Act 94-0827 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 2 felony for a first offense and a Class 1 felony for a second or subsequent offense.
	H.B. 4438 Signed by governor 6/30/06, Public Act 94-0969 Creates the offense of facilitating identity theft. Provides that a person commits the offense when the course of his or her employment or official duties has access to personal identifying information of another person, whether written, recorded, or on computer disk and disposes of that written, recorded, or computerized information in any receptacle, trash can, or other container that the public could gain access to without shredding that information, destroying the recording, or wiping the computer disk so that the information is either unintelligible or destroyed. Provides for civil remedies. Provides that a violation is a Class A misdemeanor for first offense and a Class 4 felony for a second or subsequent offense. Provides that in order to commit the offense the offender must have the intent of committing identity theft, aggravated identity theft, or a violation of the Illinois Financial Crime Law. Changes the title of Article 16H of the Criminal Code of 1961 from the Illinois Financial Crime Act to the Illinois Financial Crime Law.
	S.B. 2456 Signed by governor 7/3/06, Public Act 94-1001 Provides that any person applying at a driver services facility for issuance or renewal of his or her driver's license or Illinois Identification card 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.
	S.B. 2554 Signed by governor 7/5/06, Public Act 94-1008 Amends the Identity Theft Law of the Criminal Code of 1961. Provides that identity theft also occurs when a person knowingly: (1) uses any personal identification information or personal identification document of another to portray himself or herself as that person, or otherwise, for the purpose of gaining access to any personal identification information or personal identification document of that person, without the prior express permission of that person, or (2) uses any personal identification information or personal identification document of another for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, without the prior express permission of that person. Provides that where a person has been convicted of this form of identity theft, in the absence of proof of actual damages, the person whose personal identification information or personal identification documents were used in the violation in question may recover damages of $2,000. Provides that it is no defense to a charge of aggravated identity theft or identity theft that the offender received the consent of any person to access any personal identification information or personal identification document, other than the person described by the personal identification information or personal identification document used by the offender. Establishes exemptions to violations of the Identity Theft Law.
Indiana	H.B. 1101 Signed by governor 3/21/06, Public Law 125 Provides that a person that owns or licenses certain unredacted or unencrypted personal information concerning Indiana residents that is contained in a computerized data base must disclose to those Indiana residents without unreasonable delay a security breach in the computerized database (including the unauthorized acquisition of computerized data that have been transferred to another medium) if the security breach could cause the Indiana residents to become victims of identity theft, identity deception, or fraud.  Requires a database owner who is required to make a disclosure concerning a security breach to more than 1,000 persons to notify each credit reporting bureau of the security breach.  Specifies that a person that maintains a computer database but does not own or license the personal information contained in the database must notify the database owner if there is a security breach in the database.  Provides that a database owner with a privacy plan drafted to comply with certain federal statutes may comply with that plan instead of these provisions if that plan meets the federal requirements, and permits a database owner with its own privacy plan to comply with its own plan instead of these provisions if its plan is at least as stringent as these provisions or a plan that complies with certain federal statutes.  Authorizes the attorney general to bring an action to enforce the disclosure requirements.  Makes certain information that relates to a license application submitted to the Indiana gaming commission confidential.  Provides that a person who disposes of a customer's unencrypted, unredacted personal information without first shredding, incinerating, mutilating, or erasing the personal information commits a Class C infraction.  Enhances the offense to a Class A infraction for a second or subsequent offense, or if the person has unlawfully disposed of the personal information of more than 100 customers.  Includes as personal information certain information collected as part of a license or permit application.  Provides that a person who unlawfully obtains the identifying information of a deceased person commits identity deception.  Makes identity deception a Class C felony if a person unlawfully obtains the identities of more than 100 persons or the fair market value of the fraud or harm caused by the identity theft is at least $50,000.  Makes possession of a card skimming device with the intent to commit identity deception or fraud a Class D felony and a Class C felony if the device is possessed with the intent to commit terroristic deception.  Permits a court to enter a restitution order requiring a person convicted of identity deception to reimburse the victim for additional expenses that arise or are discovered after sentencing or after the entry of a restitution order.  Grants a court a five year period in which to order a person convicted of identity deception to pay additional restitution.  Provides that a person who commits the offense of identity deception may be tried in any county in which any element of the offense occurs.  Provides that jurisdiction for cases of identity deception lies in Indiana if the victim resides in Indiana.  Imposes certain fiduciary obligations on members of the governing board of a county hospital, and specifies that if a hospital governing board has two physician members, only one physician member is required to be an active member of the medical staff of the hospital.
Iowa	H.F. 2506 Signed by governor 4/20/06 Authorizes the attorney general to issue an identity theft passport to a victim of the criminal offense of identity theft, as defined in Code section 715A.8, who has filed a police report with a law enforcement agency.  A victim of identity theft may apply for an identity theft passport with the law enforcement agency, which shall send a copy of the police report and application to the attorney general.  The identity theft passport shall be in the form of a card or certificate which the victim may present to a law enforcement agency, creditor, or consumer reporting agency to help protect the victim from false criminal charges and fraudulent credit charges.  A law enforcement agency, creditor, or consumer reporting agency may use discretion as to whether to accept the identity theft passport after considering surrounding circumstances and available information concerning the commission of identity theft against the victim presenting the passport.  An application for an identity theft passport and all supporting documents shall be confidential and not considered a public record under Code chapter 22.  The attorney general shall adopt rules necessary to issue the identity theft passports and to ensure that applications for the identity theft passports are legitimate.
Kansas	S.B. 196 Signed by governor 4/19/06 Relates to the protection of personal information, including creating requirement for a security breach, redacting information, identity theft expungement and protection of Social Security numbers from being published in specified records.
Louisiana	H.B. 220 Signed by governor 6/2/06, Act 158 Provides that venue for identity theft can be either the parish where the theft occurred or the parish where victim resides.
	H.B. 410 Signed by governor 6/2/06, Act 176 Further defines identity theft as the intentional use or attempted use with fraudulent intent by any person of any personal identifying information of another person to obtain, possess, or transfer, whether contemporaneously or not, credit, money, goods, services, or any thing else of value without the authorization or consent of the other person.
	H.B. 1335 Signed by governor 6/2/06, Act 241 Provides for penalties for the crime of identity theft against persons 60 years of age or older or disabled.
Maine	L.D. 1834 Signed by governor 3/16/06, Chapter 494 Requires that if a security freeze is in place, a consumer reporting agency shall expunge any information in the file of a consumer that resulted from identity theft.
Maryland	H.B. 781 Signed by governor 5/2/06, Chapter 352 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; specifies limitations on the authority of the police; and requires specified notifications.
	H.B. 1201 Became law without governor's signature 5/26/06, Chapter 607 Authorizes a person who knows or reasonably suspects that the person is a victim of identity fraud and has filed a specified report to apply for an identity theft passport; requires a law enforcement agency that receives an identity theft passport application to submit the application and a copy of a specified report to the attorney general; authorizes the attorney general, in cooperation with a law enforcement agency, to issue an identity theft passport.
Minnesota	H.F. 1943 S.F. 2002 Signed by governor 5/30/06, Chapter 233 Authorizes a consumer to place a security freeze on the consumer's credit report; provides notice of this right; provides protections against identity theft; provides Social Security number protections; provides credit monitoring; provides for the adequate destruction of personal records; provides civil and criminal penalties.
South Carolina	H.B. 3085 Signed by governor 6/12/06, Act 350 Creates the offense of identity fraud for the purpose of obtaining employment and to provide a penalty; and amends §16-13-510, relating to financial identity fraud, so as to add certain identifying documentation to the definition of "identifying information."
Utah	S.B. 184 Signed by governor 3/20/06, Chapter 345 Provides that if a person uses another party's identifying information with fraudulent intent and to obtain anything of value, it is not a defense that the person did not know that the identifying information belonged to another person.
Virginia	H.B. 1141 Signed by governor 3/31/06, Chapter 455 S.B. 460 Signed by governor 3/31/06, Chapter 496 Imposes a Class 6 felony for an identity theft violation if five or more persons' identifying information was been obtained in the same transaction or occurrence and a Class 5 felony where 50 or more persons' identifying information was obtained in the same transaction or occurrence. The bill does not change provisions of current law that identity theft is a Class 1 misdemeanor unless there is a financial loss greater than $200 in which case the penalty is a Class 6 felony.
	H.B. 1509 Signed by governor 3/30/06, Chapter 298 Provides that a consumer may report a case of identity theft to the law-enforcement agency where he resides.  The bill also provides that upon receipt of a court order and upon request by such person, the Office of the Attorney General, in cooperation with the State Police, shall issue an "Identity Theft Passport" stating that such an order has been submitted.
Washington	H.B. 1966 Signed by governor 3/28/06, Chapter 271 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.

NCSL Contact:  Heather Morton, Denver

 Identity Theft Introduction

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