Alabama

H.B. 491
Signed by governor 6/20/03, Act 355
Amends the definitions of identity theft; increases the amount of financial loss to greater than $500 for first degree identity theft; amends second degree identity theft to include $500 or less in financial losses.

Arizona

H.B. 2015
Signed by governor 5/12/03, Chapter 188
Adds the sale or transfer of personal identifying information in the definition of taking an identity of another person. Specifies that the victim need not suffer economic loss for a person to commit the crime of taking the identity of another.

A.B. 104
Chaptered by secretary of state 9/17/03, Chapter 543
Requires an common interest development association to make the accounting books and records and the minutes of proceedings of the association available for inspection and copying by a member of the association, or the member’s designated representative, as specified.  Permits the association, under certain circumstances, to satisfy these requirements by providing copies of the requested records by mail.  Permits the association to withhold or redact information from the accounting books and records and the minutes of proceedings when the release of the information is reasonably likely to lead to identity theft, fraud in connection with the association, or is privileged by law, with specified exceptions regarding compensation of employees, vendors, and contractors.  Prohibits, among other things, the sale or commercial use of the association’s accounting books and records and minutes of proceedings.  Permits the member to bring an action to enforce the right to inspect and copy from the accounting books and records and the minutes of proceedings, and requires a court to award the member reasonable costs and expenses, as specified, if it finds that the association unreasonably withheld access to the books and records and the minutes of proceedings.  Permits the court to assess a civil penalty of up to $500 for each violation.

A.B. 1105
Chaptered by secretary of state 7/21/03, Chapter 73
Provides, in addition, that the limitations period for the crimes involving the unlawful use of personal identifying information and procuring or offering a false or forged instrument for record does not begin to run until discovery of the offense.

A.B. 1131
Chaptered by secretary of state 9/29/03, Chapter 543
Expands the provisions prohibiting theft or embezzlement of the property of an elder or dependent adult to include forgery, fraud, or identity theft committed against an elder or dependent adult.

A.B. 1294
Chaptered by secretary of state 9/4/03, Chapter 287
Requires a debt collector to stop collecting a consumer debt when an alleged debtor provides the debt collector certain information, including, but not limited to, information relating to the alleged debtor's status as a victim of identity theft. This information may also include a specified written statement that certifies that the representations are true, correct, and contain no material omissions of fact. A person submitting the certification who declares as true a material matter that the person knows to be false would be guilty of a misdemeanor. Permits the debt collector to recommence collection activities only upon a review of certain information and upon the making of a good faith determination, as specified, that the information provided by the debtor does not establish that the debtor is not responsible for the debt. Requires debt collectors to notify consumer credit reporting agencies and creditors of specified information.

A.B. 1772
Chaptered by secretary of state 7/22/03, Chapter 90
Existing law provides that if a person discovers that an unauthorized person has applied for certain services or opened certain accounts, the person is entitled to receive the identifying information that was used by the unauthorized person to apply for or open the account or service and a record of transactions and charges associated with the account or service upon presentation of a copy of a police report and identifying information. Adds applications and accounts regarding mail receiving or forwarding services and office or desk space rental services to the applications and accounts covered by these provisions.

A.B. 1773
Chaptered by secretary of state 7/30/03, Chapter 137
Provides that, in addition to any other circumstances permitting a magistrate to issue a warrant for a person or property in another county, when the property or things to be seized consist of any item or constitute any evidence that tends to show a violation of specified identity theft crimes, a magistrate may issue a warrant to search a person or property located in another county if the person whose identifying information was taken or used resides in that other county.

S.B. 25
Chaptered by secretary of state 10/12/03, Chapter 907
Provides that any person who uses a consumer credit report in connection with the approval of credit, as specified, may not lend money, extend credit, or complete the purchase, lease, or rental of goods or noncredit related services without taking reasonable steps to verify the consumer’s identity, in order to ensure that the application for an extension of credit or for the purchase, lease, or rental of goods or noncredit related services is not the result of identity theft.  Specifies that a consumer has placed a statement with the security alert in his or her file requesting that identity be verified by calling a specified telephone number, any person who receives that statement with the security alert in a consumer's file must take reasonable steps to verify his or her identity by contacting the consumer using the specified telephone number prior to lending money, extending credit, or completing the purchase, lease, or rental of goods or noncredit related services, with certain exceptions.  Revises the disclosures that a consumer credit reporting agency is required to give a consumer.  Requires demand deposit account information services companies to comply with security alert or security freezes in a credit report.  Prohibits state and local agencies, subject to specified exceptions, from publicly posting or displaying an individual’s social security number or doing certain other acts that might compromise the security of an individual’s social security number.  Prohibits a person or entity from encoding embedding a social security number in or on a card or document, including using a bar code, chip, magnetic strip, or other technology, in place of removing the social security number.

S.B. 602
Chaptered by secretary of state 9/25/03, Chapter 533
Provides for a penalty in an amount up to $2,500 and reasonable attorneys’ fees for a failure of a consumer credit reporting agency to place a security alert, as specified.  Requires a consumer credit reporting agency to provide additional notice to the consumer regarding the expiration date of that security alert, as specified.  Limits the fee for freezing a consumer credit report to $10 for each freeze, removal of a freeze, or temporary lift of a freeze.  Prohibits the retention of information encoded on a driver’s license unless the business is required by law to record and retain the information.  Requires a business entity that provides credit, installment, or telephone accounts, as defined, that receives a change of address request from any individual who has an existing account with that entity, to send specified change of address notices.  Clarifies a provision in the procedure to initiate an investigation of possible identity theft.  Permits a cause of action, penalties and reasonable attorney fees for the failure of a person or entity to provide specified reports when requested by a victim of identity theft.  Authorizes telephone companies to release certain information needed to pursue an identity theft investigation.

S.B. 684
Chaptered by secretary of state 9/25/03, Chapter 534
Existing law provides that any person, upon discovering that in the person’s name an unauthorized individual has made an application for certain services or has opened certain accounts, is entitled to receive the identifying information that was used by the unauthorized individual to apply for any service or open any account, upon the presentation of a copy of a police report and identifying information.  Defines “application” for the purposes of this provision to mean a new application for credit or service, the addition of authorized users to an existing account, or the renewal of an existing account.

S.B. 851
Chaptered by secretary of state 9/22/03, Chapter 468
Provides that the limitations period for specified crimes involving the unlawful use of personal identifying information and procuring or offering a false or forged instrument for record does not begin to run until discovery of the offense.

Connecticut

S.B. 688
Signed by governor 6/26/03, Public Act 03-156
Provides more severe and effective punishment for persons who commit identity theft, assists victims in recovering from the effects of identity theft and requires businesses to revise certain practices to better prevent identity theft.

B15-0036
Approved 10/24/03, Law 15-106
Amends the District of Columbia Theft and White Collar Crimes Act of 1982 to establish the crime of identity theft, provides penalties for the crime, provides enhanced penalties for persons committing identity theft against persons 65 years of age or older, authorizes the court to provide restitution to the victim and to order the correction of public records containing false information as a result of the identify theft, and requires the Metropolitan Police Department to take reports of identity theft and provide the complainant with a copy of the report.

B15-0604
Approved 12/18/03, Act 15-285
Amends, on an emergency basis, the District of Columbia Theft and White Collar Crimes Act of 1982 to establish the crime of identity theft, provides penalties for the crime, provides enhanced penalties for persons committing identity theft against persons 65 years of age or older, authorizes the court to provide restitution to the victim and to order the correction of public records containing false information as a result of the identify theft, and requires the Metropolitan Police Department to take reports of identity theft and provide the complainant with a copy of the report. 

PR15-0605
Approved 12/21/03, Resolution R15-357
Declares the existence of an emergency with respect to the need to amend the District of Columbia Theft and White Collar Crimes Act of 1982 to establish the crime of identity theft, to provide penalties for the crime, to provide enhanced penalties for persons committing identity theft against persons 65 years of age or older, to authorize the court to provide restitution to the victim and to order the correction of public records containing false information as a result of the identify theft, and to require the Metropolitan Police Department to take reports of identity theft and provide the complainant with a copy of the report.

Florida

S.B. 1072
Signed by governor 6/2/03, Chapter 71
Relates to identity theft and Internet fraud prevention, investigation, and prosecution; expands the definition of personal identification information; revises the elements of the offense of criminal use of personal identification information in which such use results in an unlawful benefit, injury, or fraud; provides for mandatory minimum terms of imprisonment for certain acts of criminal use of personal identification information; clarifies that Florida judges with jurisdiction over specific crimes have authority to issue search warrants for electronic evidence relating thereto, regardless of where the electronic evidence is situated; provides for self-authentication for out-of-state business records under certain circumstances with notice to opponent.

Illinois

H.B. 2188
Signed by governor 7/14/03, Public Act 93-0195
Amends the Criminal Code of 1961 relating to financial identity theft. Provides that a person who has learned or reasonably suspects that his or her personal identifying information has been unlawfully used by another may initiate a law enforcement investigation by contacting the local law enforcement agency that has jurisdiction over his or her actual residence, which shall take a police report of the matter, provide the complainant with a copy of that report, and begin an investigation of the facts or, if the suspected crime was committed in a different jurisdiction, refer the matter to the law enforcement agency where the suspected crime was committed for an investigation of the facts. Provides that a person who reasonably believes that he or she is the victim of financial identity theft may petition a court, or the court, on its own motion or upon application of the prosecuting attorney, may move for an expedited judicial determination of his or her factual innocence, where the perpetrator of the financial identity theft was arrested for, cited for, or convicted of a crime under the victim's identity, or where a criminal complaint has been filed against the perpetrator in the victim's name, or where the victim's identity has been mistakenly associated with a criminal conviction. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a credit card issuer that mails an offer or solicitation to apply for a credit card and, in response, receives a completed application for a credit card that lists an address that is not substantially the same as the address on the offer must take reasonable steps to verify the change of address before issuing the credit card. In certain circumstances, requires a lender or extender of credit to take reasonable steps to verify a consumer's identity and confirm that an application for an extension of credit is not the result of financial identity theft. Provides that a violation of these provisions is an unlawful practice within the meaning of the Act.

S.B. 242
Signed by governor 7/31/03, Public Act 93-0401
Amends the Financial Identity Theft and Asset Forfeiture Law of the Criminal Code of 1961. Changes the name of the article to the Identity Theft Law and the names of the offenses of financial identity theft and aggravated financial identity theft to identity theft and aggravated identity theft. Includes in the offense of identity theft: (1) using any personal identification information or personal identification document of another with intent to commit any felony violation of Illinois state law; (2) obtaining, recording, possessing, selling, transferring, purchasing, or manufacturing any personal identification information or personal identification document with intent to commit or to aid or abet another in committing any felony violation of Illinois state law; (3) using, obtaining, recording, possessing, selling, transferring, purchasing or manufacturing any personal identification information or personal identification document of another knowing that such personal identification information or personal identification documents were stolen or produced without lawful authority; or (4) using, transferring, or possessing document-making implements to produce false identification or false documents with knowledge that they will be used by the offender or another to commit any felony violation of state law.

Indiana

S.B. 320
Signed by governor 4/14/03, Public Law 22
Specifies that a person's address, telephone number, place of employment, employer identification number, and mother's maiden name constitute identifying information for purposes of the identity theft statute. Provides that a person commits identity theft if the person acts with intent to assume another person's identity or profess to be another person. Provides that the trial court, upon motion, may issue an order describing the victims of a crime of deception, and permits this order to be used in correcting a person's credit history. Makes technical corrections.

Iowa

H.F. 170
Signed by governor 4/21/03
Relates to the criminal offense of identity theft by making changes in the elements of the offense.

Louisiana

H.B. 111
Signed by governor 6/13/03, Act 310
Provides that a victim of a crime involving theft of identity or personal information can obtain the identity of an alleged offender who is arrested for that crime as follows: (1) When an alleged offender has been arrested and charged by a law enforcement agency with a violation of any crime which involves the use of the identity or personal information of another person, the victim may request that the arresting law enforcement agency release the identity of the alleged offender to the victim. (2) Requires the victim to submit a written request on a form provided by the arresting law enforcement agency. Upon receipt of the completed request form, the arresting law enforcement agency shall release the identity of the alleged offender to the victim. Applies to alleged offenders who have been arrested and charged by a law enforcement agency with a violation of R.S. 14:67.3 (unauthorized use of "access card"), or a violation of R.S. 14:67.16 (identity theft), or a violation of R.S. 14:70.4 (access device fraud), or a violation of any other crime which involves the use of the identity or personal information of another person.

H.B. 973
Signed by governor 7/1/03, Act 934
Provides that victims of identity theft may file police reports about the identity theft with the Louisiana Department of Justice, office of the attorney general, or in the municipality or parish in which the victim is domiciled, despite the fact that jurisdiction for investigation and prosecution of the crime may lie elsewhere. Requires the municipal police department or sheriff's office to receive and file the report. Requires each creditor who grants credit as a result of information which was obtained through an identity theft shall make available to the victim of the identity theft any and all information in the possession of the creditor which the victim needs to reverse the effects of the identity theft. Provides that no creditor may be held liable for an action taken in good faith to provide information regarding potential or actual violations to other financial information repositories, financial service providers, merchants, law enforcement authorities, victims, or any person alleging to be a victim who complies with new law, or to assist a victim in recovery of fines, restitution, and rehabilitation of the victim's credit, or such other relief as may be appropriate. Provides for security alerts to be placed with credit reports. Relative to credit reporting agencies, defines "security alert" to mean a notice placed on a consumer file, at the request of the consumer, that is sent to a recipient of a consumer report involving that consumer file, signifying the fact that the consumer's identity may have been used without the consumer's consent to fraudulently obtain goods or services in the consumer's name. Requires, after request by the consumer in writing or by telephone, a consumer reporting agency to place a security alert on the consumer's file not later than five business days after the date the agency receives the request. The security alert must remain in effect for not less than 90 days after the date the agency places the security alert on file. Provides that a consumer reporting agency shall send an alert to each person who requests a consumer report if a security alert is in effect for the consumer file involved regardless of whether a full credit report, or summary report is requested. Requires that a consumer reporting agency that compiles and maintains files on a nationwide basis shall maintain a toll-free telephone number that will accept security alert requests from consumers. Provides for certain exclusions from the requirement of placing a security alert on a consumer report as provided for in new law. Provides that, effective January 1, 2004, each creditor, potential creditor, credit reporting agency, or other entity which violates the provisions is liable to the victim of an identity theft for all of the documented out-of-pocket expenses caused by such creditor, agency, or other entity and suffered by the victim as a result of the identity theft, plus reasonable attorney fees.

S.B. 711
Signed by governor 6/5/03, Act 231
Creates the crime of fraudulent acquisition of a credit card which is the intentional falsification by a person of his identity or the identity of another person, firm, or corporation for the purpose of procuring a credit card. Defines credit card as any instrument or device issued by an issuer with or without a fee for the purpose of obtaining money, goods, services, or anything else of value on credit or for use in an automatic banking device. Provides for penalties of a fine of not less than $3000, imprisonment, with or without hard labor, for not more than 10 years, or both.

S.B. 1031
Signed by governor 7/1/03, Act 844
Authorizes any person who has learned or who reasonably suspects that he is a victim of identity theft to request the local law enforcement agency having jurisdiction in the area of his residence to investigate such alleged crime. Requires an agency so requested to take a report of the matter from the alleged victim, to give a copy of such report to the victim, and to begin an investigation. If the crime is alleged to have taken place out of the jurisdiction of the agency to which the incident is reported, requires such agency to forward a copy of the report to the agency having jurisdiction over the area in which the crime is alleged to have happened and requires that agency to investigate the incident. Requires any law enforcement agency investigating an alleged crime of identity theft to provide the victim of such theft, upon his request, a copy of the written report of the investigation which shall include only the name of the victim, the name of the suspect, if known; the type of personal information obtained, possessed, transferred, or used; and the results of the investigation. Requires the Council on Peace Officer Standards and Training include training on identity theft in the curricula for the training of peace officers. Authorizes the investigative report information be given to a victim of an alleged identity theft.

Maryland

H.B. 598
Signed by governor 4/22/03, Chapter 68
Increases from $5,000 to $25,000 the maximum fine for a person knowingly, willfully, and with fraudulent intent possessing, obtaining, or helping another person to possess or obtain any personal identifying information of an individual without consent in order to use, sell, or transfer the information to get a benefit, credit, good, service, or other thing of value of a specified value or greater in the name of the individual.

S.B. 135
Signed by governor 4/22/03, Chapter 67
Increases from $5,000 to $25,000 the maximum fine for a person knowingly, willfully, and with fraudulent intent possessing, obtaining, or helping another person to possess or obtain any personal identifying information of an individual without consent in order to use, sell, or transfer the information to get a benefit, credit, good, service, or other thing valued at $500 or more in the name of the individual.

S.R. 182
Adopted 12/11/03
Memorializes the Congress of the United States to enact legislation to provide greater protections against identity theft.

S.R. 183
Adopted 12/11/03
Memorializes the Congress of the United States to amend the Fair Credit Reporting Act to provide that the statute of limitations for an identity theft suit is two years from the time the fraud was discovered.

Minnesota

S.F. 980
Signed by governor 5/27/03, Chapter 106
Relates to crime; provides reporting procedures and venue for identity theft; provides for aggregation of identity theft offenses; defines the crime of mail theft; provides criminal penalties.

Mississippi

S.B. 2756
Signed by governor 8/6/03, Chapter 562
Defines and clarifies certain terms; includes the use of computers in the prohibition of exploitation of children; revises penalties; defines certain terms related to computer crimes; revises computer fraud and penalties; creates the offense of cyberstalking and prescribes penalties for violations; prohibits posting certain messages through electronic media and prescribes penalties for violations; prohibits obtaining personal identity information and prescribes penalties for violations; clarifies where criminal action may be brought; provides for investigations and prosecutions; provides for additional penalties.

Nevada

S.B. 297
Signed by governor 5/28/03, Chapter 257
Relates to personal identifying information; makes various changes relating to personal identifying information; prohibits a person from unlawfully possessing or using a scanning device or reencoder to acquire certain personal identifying information; clarifies the applicability of certain crimes relating to personal identifying information; prohibits a public officer or public employee from committing certain unlawful acts relating to personal identifying information; restricts the type of credit card or debit card information that may be printed electronically on a receipt; provides penalties.

New Hampshire

S.B. 149
Signed by governor 7/2/03, Chapter 210
Establishes criminal penalties for the use of a credit card scanning device or reencoder to defraud the credit card's authorized user, the issuer of the credit card, or a merchant.

A.B. 3226
Signed by governor 9/25/03, Chapter 184
Upgrades penalties for theft of identity and the selling, manufacturing, possessing, or exhibiting of false government documents; allows for civil action for victims of identity theft.

Oregon

H.B. 2119
Signed by governor 5/28/03, Chapter 111
Adds identity theft to definition of racketeering activity for purposes of Oregon Racketeer Influenced and Corrupt Organization Act.

Rhode Island

H.B. 5871
Signed by governor 6/27/03, Chapter 75
Includes the use of financial information with intent to defraud another person or with intent to commit any violation of federal, state or local law as a felony under the impersonation and identity fraud act.

S.B. 663
Signed by governor 6/27/03, Chapter 64
Includes the use of financial information with intent to defraud another person or with intent to commit any violation of federal, state or local law as a felony under the impersonation and identity fraud act.

South Dakota

H.B. 1187
Signed by governor 3/8/03
Prohibits the use or possession of scanning devices or reencoders with intent to defraud and to provide a penalty therefor.

Texas

H.B. 2138
Signed by governor 6/20/03
Relates to the use of certain electronic devices for the purpose of committing identity theft; provides criminal penalties.

S.B. 473
Signed by governor 6/22/03
Relates to assisting consumers to prevent and detect identity theft; allows consumers to put freezes or alerts on their credit reports; provides penalties.

S.B. 566
Signed by governor 6/18/03
Relates to the duties of law enforcement regarding the misuse of a person's identity and to the person's right to expunction of identifying information contained in certain records and files.

Utah

S.B. 42
Signed by governor 3/24/03, Session Law Chapter 306
Modifies the Criminal Code by providing that possession of a financial transaction card number or related information with the intent to defraud is a third degree felony. Provides that a person who obtains the encoded information from the strip on a financial transaction card with the intent to use the information to defraud a merchant is guilty of a third degree felony, and that any subsequent violation is a second degree felony.

S.B. 207
Signed by governor 3/24/03, Session Law Chapter 79
Modifies the Criminal Code regarding identity fraud offenses by providing that in addition to law enforcement agencies, the office of the attorney general has responsibility for investigating these offenses. Removes this responsibility from the Division of Consumer Protection.

Virginia

H.B. 2061
Signed by governor 3/22/03, Chapter 847
Clarifies that the identities of dead, as well as living, people are protected and that the theft of the identity of a dead person is punishable.

H.B. 2175
Signed by governor 3/23/03, Chapter 914
Limits the appearance of social security numbers on identification cards and parcels. Punishes the distribution or possession with intent to distribute another's personal identifying information or the distribution of the means by which personal information may be stolen. Creates a mechanism whereby a victim may expunge a criminal charge resulting from identity theft. Punishes obtaining goods and services, and identification documents and information of another. Requires the Library Board to develop regulations providing for the destruction of social security numbers in public records. Allows a clerk of court to refuse to record a document upon which there appears a grantor's or grantee's social security number. Sets up a procedure for blocking credit misinformation appearing in a credit report.

Washington

H.B. 1844
Signed by governor 5/7/03, Chapter 119
Makes possession of instruments or equipment of financial fraud a criminal offense.

S.B. 5716
Signed by governor 5/15/03, Chapter 214
Declares that it is a class C felony for any person to sell or deliver a stolen driver's license or identicard. Provides that it is unlawful for any person to manufacture, sell, or deliver a forged, fictitious, counterfeit, fraudulently altered, or unlawfully issued driver's license or identicard, or to manufacture, sell, or deliver a blank driver's license or identicard except under the direction of the department. A violation of this provision is: (1) A class C felony if committed (a) for financial gain or (b) with intent to commit forgery, theft, or identity theft; or (2) A gross misdemeanor if the conduct does not violate (1) of this provision. Provides that it is a misdemeanor for any person under the age of twenty-one to manufacture or deliver fewer than four forged, fictitious, counterfeit, or fraudulently altered driver's licenses or identicards for the sole purpose of misrepresenting a person's age.

S.B. 5720
Signed by governor 4/23/03, Chapter 89
Provides that any provision of a contract between a merchant or retailer and a credit or debit card issuer, financial institution, or other person that prohibits the merchant or retailer from verifying the identity of a customer who offers to pay for goods or services with a credit or debit card by requiring or requesting that the customer present additional identification is void for violation of public policy. Declares that nothing in this act shall be interpreted as: compelling merchants or retailers to verify identification; or interfering with the ability of the owner or manager of a retail store or chain to make and enforce its own policies regarding verification of identification.

Wisconsin

A.B. 288
Signed by governor 7/24/03, Act 36
Relates to: identity theft, unlawful use of an entity's identification documents or identifying information, false statements to financial institutions, and access by law enforcement agencies to driver's license and state identification card photographs and provides penalties.