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Identity Theft 2009 Legislation

2009 Identity Theft Legislation

Last Updated: August 27, 2010

NCSL Staff Contact: Heather Morton, Denver, (303) 364-7700

Identity theft occurs when someone uses another person's personally identifying information, like a person's name, Social Security number, or credit card number or other financial information, without permission, to commit fraud or other crimes.

In calendar year 2009, there were 278,078 identity theft complaints filed with the Federal Trade Commission's Consumer Sentinel Network, comprising 21 percent of all complaints filed. Credit card fraud was the most common form of reported identity theft, followed by government/benefits fraud, phone or utilities fraud, and employment fraud. Other significant categories of identity theft reported were bank fraud and loan fraud. 

In 2009, legislators in 37 states and the District of Columbia introduced legislation relating to identity theft. Twenty-three states and the District of ColumbiaArizona, Arkansas, California, Colorado, ConnecticutIllinois, Indiana, Iowa, Kansas, Maine, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Pennsylvania, Texas, Utah and Virginia—enacted legislation relating to identity theft.

AZ | AR | CA | CO | CT | DC | GA | HI | IL | IN | IA | KS | KY | ME | MD | MA | MI | MN | MS
MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | TN | TX | UT | VA | WV
STATES
BILL SUMMARY
Alabama
none
Alaska
none
Arizona
Enhances sentencing for crimes, including identity theft, committed against incapacitated or vulnerable adults.
 
Signed by governor 6/29/09, Chapter 8
Provides that a person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the specified offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception pursuant to §41-619.55; includes identity theft.
Arkansas
Passed House 3/26/09
Amends the crime of nonfinancial identity fraud to include using identifying information to obtain employment.
 
Signed by governor 4/1/09, Act 748
Makes an amendment to the introductory language of Arkansas Code §5-37-227(a) to conform the mental state element of criminal offense to a culpable mental state defined in the Arkansas Criminal Code.
California
A.B. 8, Special Session
Vetoed by governor 1/6/09
Existing law establishes certain values for determining if theft or certain other property crimes are punishable as felonies or not. Existing law provides that for many of these crimes, the threshold is $400, while the thresholds for certain other crimes are $100, $200, and $1,000, as specified. This bill increases those thresholds uniformly; for example by increasing the $400 threshold to $950.
 
Vetoed by governor 10/11/09
Under existing law, a county welfare department is required to request a consumer disclosure, pursuant to federal law, on behalf of a youth in a foster care placement in the county, when the youth reaches his or her 16th birthday, in order to ascertain whether the youth has been the victim of identity theft. If the consumer disclosure reveals any negative items, or evidence that identity theft has occurred, existing law requires the county welfare department to refer the youth to an approved organization that provides services to victims of identity theft. Existing law requires the department to develop a list of approved organizations for this purpose, in consultation with the County Welfare Directors Association and others. This bill revises the above provisions, to require the county welfare department or the State Department of Social Services to ascertain whether identity theft may have occurred under the described circumstances. The bill requires the matter to be referred to a governmental agency or nonprofit organization that provides information and assistance to victims of identity theft, rather than to an approved counseling organization. The bill authorizes the agency or the nonprofit organization to take remedial actions to clear the youth's credit record and to report the results to the referring agency. The bill requires the Office of Privacy Protection, in consultation with the State Department of Social Services and other specified entities, to develop a list of governmental agencies and nonprofit organizations.
 
Signed by governor 8/5/09, Chapter 40
Existing law provides that when multiple offenses occur in multiple jurisdictions and all of the offenses involve the same defendant or defendants and the unauthorized use of the personal identifying information of one person, then jurisdiction for all offenses is proper in any one of the counties where an offense occurred. This bill provides, in addition, that when multiple offenses occur in multiple jurisdictions and all of the offenses involve the same defendant or defendants and either the same personal identifying information of one person or the same scheme or substantially similar activity, then jurisdiction for all offenses, including associated offenses connected together in their commission to an underlying identity theft offense, is proper in any one of the counties where one of the offenses occurred. Existing law requires a court to consider specified facts when determining if all counts in a complaint alleging multiple offenses of unauthorized use of personal identifying information occurring in multiple counties should be joined in one county for prosecution. This bill, in addition, requires the court to consider whether or not the offenses involved substantially similar activity or the same scheme when making that determination.
Colorado
Signed by governor 6/1/09, Chapter 326
Beginning July 1, 2009, reduces the penalty for an identity theft inchoate offense. Starts the statute of limitations for identity theft crimes when the crime is discovered. Beginning in July 1, 2011, criminalizes possession or control of a driver's license, government-issued identification card, Social Security card, or passport of another person without the permission of the other person, unless permission is authorized by law, and makes the crime a predicate offense for racketeering.
Connecticut
Failed Joint Favorable deadline 3/12/09
Establishes a task force to study identity theft of children in the state. Such study shall include, but not be limited to, (1) the prevalence of identity theft of children, and (2) the ways in which the state may protect children from identity theft.
 
Signed by governor 7/9/09, Public Act 09-239
This act makes numerous changes in laws relating to identity theft, Social Security numbers, and the dissemination of personal identifying information. It makes the definition of “identity theft” broader, increases the penalty for criminal impersonation, and creates the crime of unlawful possession of personal access devices. The law makes it a crime to possess skimmers and reencoders under certain circumstances. The act also increases the penalties for identity theft when the victim is age 60 or older. The act allows a victim of identity theft to sue for damages if the perpetrator was found guilty of trafficking in personal identifying information. Victims can already sue for damages if the perpetrator was found guilty of identity theft. The act extends the statute of limitations from two to three years and specifies that damages include documented lost wages and any financial loss suffered by the plaintiff as a result of the identity theft. It allows the court to award remedies that may be provided by law. It requires, rather than allows, courts to issue orders to correct public records when a person is convicted of identity theft. The act voids a credential issued by the state or political subdivision of the state (1) obtained by making a material false statement or (2) physically altered to misrepresent a material fact. It requires the credential to be returned to the issuing authority provided the authority complies with notice provisions. The act (1) allows perpetrators to be prosecuted in the geographical area or judicial district where the victim lives rather than where the alleged crime was committed; (2) penalizes employers for failing to (a) obtain and retain employment applications securely and (b) take reasonable measures to destroy or make them unreadable when disposing of them; (3) subjects property gained from committing identity theft to forfeiture and requires proceeds from its disposition to be deposited into the Department of Consumer Protection's (DCP) Privacy Protection Guaranty and Enforcement Account, which this act creates, to pay for enforcing certain privacy protection laws; (4) authorizes the DCP commissioner to investigate violations of these laws; and (5) allows the attorney general, upon request of the commissioner or another state agency required to enforce its provisions, to apply to the court to restrain or enjoin a violator. The act creates the Privacy Protection Guaranty and Enforcement Account to enforce the law and reimburse individuals hurt by violations of the act's provisions on disseminating personal identifying information. The account is funded with fines imposed on violators and property forfeited under the act's provisions. The act establishes a fine of between $500 and $5,000, to be deposited into the privacy protection account, for (1) filing a notice, statement, or document required by the act that includes false information or (2) willfully violating the provisions of this act or identity theft laws. It also establishes an appeals process for anyone aggrieved by a decision or order made by the commissioner under the act.
Delaware
none
District of Columbia

B18-151
Passed Congressional review 12/10/09, Law18-0088
Amends the District of Columbia Theft and White Collar Crimes Act of 1982 to expand the definition of the terms “property,” “person” and “value” and to make related conforming amendments so that the terms more broadly encompass conduct associated with theft and identify theft, to permit a person to be convicted of any combination of theft, fraud, and other property offenses arising out of the same course of conduct, to expand the jurisdiction of the District of Columbia to prosecute fraud and insurance fraud, to include in the definition of the crime of identity theft the use of personal identifying information belonging to or pertaining to another person to identify himself or herself at the time of an arrest or to facilitate or conceal the commission of a crime, to provide for increased penalties for unauthorized use of a vehicle during a crime of violence and for repeated offenses of unauthorized use of a vehicle.

 

B18-340
Signed by mayor 6/29/09, Act A18-0129
Amends, on an emergency basis, the District of Columbia Theft and White Collar Crimes Act of 1982 to expand the definition of the terms “property,” “person” and “value” and to make related conforming amendments so that the terms more broadly encompass conduct associated with theft and identify theft, to permit a person to be convicted of any combination of theft, fraud, and other property offenses arising out of the same course of conduct, to expand the jurisdiction of the District of Columbia to prosecute fraud and insurance fraud, to include in the definition of the crime of identity theft the use of personal identifying information belonging to or pertaining to another person to identify himself or herself at the time of an arrest or to facilitate or conceal the commission of a crime, to provide for increased penalties for unauthorized use of a vehicle during a crime of violence and for repeated offenses of unauthorized use of a vehicle; to amend An Act To establish a code of law for the District of Columbia to increase the penalties for repeated offenses of crimes of violence and prostitution; to amend An Act To control the possession, sale, transfer and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes to specify categories of persons for whom it would be unlawful to possess a firearm, to provide for increased penalties for repeat offenders, and to increase the mandatory minimum sentence for a felon in possession of a firearm; to amend §23-1322 of the District of Columbia Official Code to expand the types of crimes that cause a rebuttable presumption to detain individuals pending trial and to change the standard of proof for the rebuttable presumption to detain from substantial probability to probable cause; to amend the Firearms Control Regulations Act of 1975 to establish a gun offender registry and require the registration of gun offenders; to establish the criminal offense of being voluntarily present in a motor vehicle containing a firearm that is not lawfully carried nor lawfully transported; and to establish a Gang and Crew Intervention Joint Working Group to coordinate responses to high-profile youth violence.

 

B18-389
Signed by mayor 8/6/09, Act A18-0181
Amends the District of Columbia Theft and White Collar Crimes Act of 1982 to expand the definition of the terms “property,” “person” and “value” and to make related conforming amendments so that the terms more broadly encompass conduct associated with theft and identify theft, to permit a person to be convicted of any combination of theft, fraud, and other property offenses arising out of the same course of conduct, to expand the jurisdiction of the District of Columbia to prosecute fraud and insurance fraud, to include in the definition of the crime of identity theft the use of personal identifying information belonging to or pertaining to another person to identify himself or herself at the time of an arrest or to facilitate or conceal the commission of a crime, to provide for increased penalties for unauthorized use of a vehicle during a crime of violence and for repeated offenses of unauthorized use of a vehicle.

 

B18-449
Amends the Prevention of Child Abuse and Neglect Act of 1977 to define a consumer reporting agency, to provide that the Director of the Child and Family Services Agency has the authority to request a file disclosure report on behalf of a ward of the agency to determine whether identity theft may have occurred, and to authorize the agency to refer a ward to an approved organization that provides credit counseling services to victims of identity theft.

 

B18-466
Signed by mayor 10/21/09, Act A18-0227
Establishes on an emergency, due to Congressional review, with respect to the need to amend the District of Columbia Theft and White Collar Crimes Act of 1982 to expand the definition of the terms “property,” “person” and “value” and to make related conforming amendments so that the terms more broadly encompass conduct associated with theft and identify theft, to permit a person to be convicted of any combination of theft, fraud, and other property offenses arising out of the same course of conduct, to expand the jurisdiction of the District of Columbia to prosecute fraud and insurance fraud, to include in the definition of the crime of identity theft the use of personal identifying information belonging to or pertaining to another person to identify himself or herself at the time of an arrest or to facilitate or conceal the commission of a crime, to provide for increased penalties for unauthorized use of a vehicle during a crime of violence and for repeated offenses of unauthorized use of a vehicle.

 

PR18-445
Adopted 7/14/09, R18-0224
Declares the existence of an emergency, due to Congressional review, with respect to the need to amend the District of Columbia Theft and White Collar Crimes Act of 1982 to expand the definition of the terms “property,” “person” and “value” and to make related conforming amendments so that the terms more broadly encompass conduct associated with theft and identify theft, to permit a person to be convicted of any combination of theft, fraud, and other property offenses arising out of the same course of conduct, to expand the jurisdiction of the District of Columbia to prosecute fraud and insurance fraud, to include in the definition of the crime of identity theft the use of personal identifying information belonging to or pertaining to another person to identify himself or herself at the time of an arrest or to facilitate or conceal the commission of a crime, to provide for increased penalties for unauthorized use of a vehicle during a crime of violence and for repeated offenses of unauthorized use of a vehicle.

 

PR18-512
Adopted 10/6/09, R18-0274
Declares the existence of an emergency, due to Congressional review, with respect to the need to amend the District of Columbia Theft and White Collar Crimes Act of 1982 to expand the definition of the terms “property,” “person” and “value” and to make related conforming amendments so that the terms more broadly encompass conduct associated with theft and identify theft, to permit a person to be convicted of any combination of theft, fraud, and other property offenses arising out of the same course of conduct, to expand the jurisdiction of the District of Columbia to prosecute fraud and insurance fraud, to include in the definition of the crime of identity theft the use of personal identifying information belonging to or pertaining to another person to identify himself or herself at the time of an arrest or to facilitate or conceal the commission of a crime, to provide for increased penalties for unauthorized use of a vehicle during a crime of violence and for repeated offenses of unauthorized use of a vehicle.

Florida
none
Georgia
Provides that public disclosure shall not be required for records that are within any of the following described categories: Information on victims of identity theft maintained by the Governor's Office of Consumer Affairs related to complaints regarding identity fraud, except as provided in Code §16-9-123.
Guam
none
Hawaii
Amends §806-83, Hawaii Revised Statutes, to add felony offenses which may be charged by written information.
 
Prohibits employers from knowingly hiring unauthorized aliens, as defined in federal law, and establishes a mechanism for handling complaints and conducting investigations, and penalties for violation of the prohibition. Provides that an unauthorized alien in the employment of the employer shall be subject to prosecution for the offense of identity theft in the third degree under §708-839.8.
 
Changes the mandatory minimum sentencing of repeat offenders from mandatory to discretionary; includes identity theft crimes.
 

S.B. 810
Establishes a Hawaii Cybercrime Task Force to examine the problem of cybercrime in the state, includes identity theft.

 
Amends §806-83, Hawaii Revised Statutes, to add felony offenses which may be charged by written information.
 
Prohibits employers from knowingly hiring unauthorized aliens, as defined in federal law, and establishes a mechanism for handling complaints and conducting investigations, and penalties for violation of the prohibition. Provides that an unauthorized alien in the employment of the employer shall be subject to prosecution for the offense of identity theft in the third degree under §708-839.8.
 
Short form bill relating to identity theft.
Idaho
none
Illinois
Signed by governor 8/10/09, Public Act 96-0167
Amends the Illinois Insurance Code. Requires the Department of Financial and Professional Regulation to develop an appropriate consumer fact sheet to be provided to consumers, either via the Department's website or by hard copy if requested, regarding identity theft insurance. Provides that the fact sheet shall include at a minimum, information on what is generally covered under identity theft insurance and on how to protect himself or herself from identity theft.
 
Signed by governor 8/11/09, Public Act 96-0243
Amends the Criminal Code of 1961. Enhances the penalties for aggravated identity theft.
 
Passed House 4/1/09
Creates a deduction for individual taxpayers in an amount equal to 10 percent of the amount of expenditures by the taxpayer for equipment and computer software placed in service during the taxable year for the purpose of preventing identity theft, but not to exceed $100 per article of equipment or software.
 
Signed by governor 8/13/09, Public Act 96-0409
Amends the Criminal Identification Act relating to expungement. Changes the procedures relating to the expungement of adult criminal records and the records of minors prosecuted as adults. Establishes time limits and procedures for filing petitions to expunge. Excludes certain enumerated offenses from expungement. Provides for the sealing of certain arrest and court records. Provides that the court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court. Amends the Unified Code of Corrections and the Illinois Human Rights Act by changing cross-references.
 
Passed House 3/24/09
Amends the Criminal Code of 1961. Provides that a person convicted of aggravated identity theft for specified non-financial violations relating to identity theft is guilty of a Class 2 felony.
 
Amends the Criminal Code of 1961. Adds the Corruption Influenced and Criminal Organizations Law to the Code. Provides that it is unlawful for any person: (1) who is employed by or associated with any enterprise, knowingly to conduct or participate, directly or indirectly, in such enterprise's affairs through either a pattern of predicate activity or the collection of unlawful debt; or (2) knowingly to acquire or maintain, directly or indirectly, through either a pattern of predicate activity or the collection of unlawful debt, any interest in, or control of, to any degree, any enterprise, real property, or personal property of any character, including money. Defines "pattern of predicate activity". Provides criminal penalties and for seizure and forfeiture of property derived from the pattern of predicate activity. Amends the Code of Criminal Procedure of 1963. Authorizes the court to issue an order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing or is about to commit predicate activity. Amends the Statewide Grand Jury Act. Permits the convening of a Statewide Grand Jury to investigate and return indictments for violations of the Corruption Influenced and Criminal Organizations Law.
 
Amends the Criminal Code of 1961. Makes a technical change in a section concerning the offense of financial identity theft.
 
Signed by governor 8/24/09, Public Act 96-0619
Requires the Department of Children and Family Services to conduct annual credit history checks of children placed under its guardianship pursuant to the Juvenile Court Act of 1987, beginning when a child turns 12 and until guardianship is terminated pursuant to the Juvenile Court Act of 1987. Requires the Department to determine if financial exploitation of the child's personal information has occurred. Requires the Department to notify the proper law enforcement agency, the proper State's Attorney, or the Attorney General if exploitation appears to be occurring or has occurred.
 
Amends the Criminal Code of 1961. Makes a technical change in a section concerning the offense of financial identity theft.
 

S.B. 1339
Signed by governor 8/24/09, Public Act 96-0624
Provides that if a general contractor applies for a building permit with a unit of local government and knowingly submits a roofing license number that is not that of the roofing contractor who will be the subcontractor for the project for which the general contractor has requested the permit, the general contractor shall be guilty of identity theft under subsection (a) of §16G-15 of the Criminal Code of 1961.

Indiana
Signed by governor 5/12/09, Public Law 137
Creates the identity theft unit (unit) in the office of the attorney general. Specifies that the unit shall: (1) investigate consumer complaints related to identity theft; (2) assist victims of identity theft; (3) cooperate with law enforcement investigations related to identity theft; and (4) assist state and federal prosecutors in the investigation and prosecution of identity theft. Authorizes certain agencies to cooperate with the unit in investigating identity theft. Authorizes a prosecuting attorney to deputize the attorney general or a deputy attorney general to assist in the prosecution of an identity theft case. Provides that the unit may establish an educational program to inform consumers concerning identity theft. Requires the owner of a database to notify the attorney general and the owner's regulator, if applicable, of a breach of the security of data. Specifies certain information that a database owner must disclose if there is a breach of the security of data. Establishes a rebuttable presumption that failing to notify affected persons within 30 days after discovering a breach constitutes unreasonable delay, and requires a data base owner to take certain steps to safeguard data. Provides certain rights to the victims of identity theft. Increases the penalty for identity deception committed against a person's child to a Class C felony. Provides that unlawfully using information that identifies a person other than the person who is using the information but that does not belong in its entirety to any live or deceased person constitutes synthetic identity deception.
 
Passed Senate 2/10/09
Creates the identity theft unit (unit) in the office of the attorney general, and specifies that the unit shall: (1) investigate consumer complaints related to identity theft; (2) assist victims of identity theft; (3) cooperate with law enforcement investigations related to identity theft; and (4) assist state and federal prosecuting attorneys in the investigation and prosecution of identity theft. Authorizes certain agencies and persons to cooperate with the unit in investigating identity theft, and authorizes a prosecuting attorney to deputize the attorney general or a deputy attorney general to assist in the prosecution of an identity theft case. Provides that the unit may establish an educational program to inform consumers concerning identity theft. Requires the owner of a database to notify the attorney general and the owner's regulator, if applicable, of a breach of the security of data. Specifies certain information that a database owner must disclose if there is a breach of the security of data, establishes a rebuttable presumption that failing to notify affected persons within 30 days after discovering a breach constitutes unreasonable delay, and requires a database owner to take certain steps to safeguard data. Provides certain rights to the victims of identity theft. Increases the penalty for identity deception committed against the person's child to a Class C felony. Provides that unlawfully using identifying information that identifies a person other than the person who is using the information but that does not belong in its entirety to any live or deceased person constitutes synthetic identity deception.
 
Passed Senate 2/24/09
Specifies that "identifying information" for purposes of identity deception includes identifying information that identifies a person. (Current law includes only identifying information that identifies an individual.)
Iowa
Became H.F. 800 3/18/09
Establishes a procedure to remove a conviction relating to the operation of a motor vehicle from a driving record which was entered due to identity theft and requires verification of status in regards to the driver's license of a foreign national. Under the bill, if a record of conviction for a violation of Code chapter 321 or other law regulating the operation of a vehicle on the highways of this state is entered against a person as the result of identity theft, the person may make a written application to the Department of Transportation to have the record of conviction removed from the records of the department. The bill provides that the Department of Transportation may deny or approve the application at the discretion of the department. If the department approves the application the applicant may commence postconviction proceedings pursuant to new Code §822.3A created in the bill. The approval or denial of an application is not subject to contested case proceedings or further review as provided in Code chapter 17A. Under the bill, if the Department of Transportation issues an approval to remove a record, a postconviction proceeding is commenced by filing an application verified by the applicant with the clerk of the district court in the county where the conviction occurred, or with the clerk of the district court where the applicant resides. The application for postconviction relief must be filed with the clerk of the district court within one year from the date the Department of Transportation issued the approval. The bill provides that the clerk of the district court shall deliver a copy of the application for postconviction relief to the Department of Transportation; the attorney general; the clerk of the district court and the county attorney where each conviction approved for removal occurred; and the clerk of the district court where the applicant resides. In the postconviction proceedings the court may grant a motion by the applicant for summary disposition of the application for any conviction if the respective county attorney in the county where the conviction approved for removal occurred, affirmatively indicates the state has no resistance to the application. If postconviction relief is granted under the bill, the Department of Transportation shall rescind any administrative sanction entered against the person as a result of the conviction, unless the person would be subject to the sanction despite the removal of the record of conviction. The department may impose a new sanction if removal of the record of conviction would result in a lesser or different sanction.
 
Signed by governor 5/22/09, Chapter 124
Became S.F. 356 3/9/09
Establishes a procedure to remove a conviction relating to the operation of a motor vehicle from a driving record which was entered due to identity theft and requires verification of status in regards to the driver's license of a foreign national. Under the bill, if a record of conviction for a violation of Code chapter 321 or other law regulating the operation of a vehicle on the highways of this state is entered against a person as the result of identity theft, the person may make a written application to the Department of Transportation to have the record of conviction removed from the records of the department. The bill provides that the Department of Transportation may deny or approve the application at the discretion of the department. If the department approves the application the applicant may commence postconviction proceedings pursuant to new Code §822.3A created in the bill. The approval or denial of an application is not subject to contested case proceedings or further review as provided in Code chapter 17A. Under the bill, if the Department of Transportation issues an approval to remove a record, a postconviction proceeding is commenced by filing an application verified by the applicant with the clerk of the district court in the county where the conviction occurred, or with the clerk of the district court where the applicant resides. The application for postconviction relief must be filed with the clerk of the district court within one year from the date the Department of Transportation issued the approval. The bill provides that the clerk of the district court shall deliver a copy of the application for postconviction relief to the Department of Transportation; the attorney general; the clerk of the district court and the county attorney where each conviction approved for removal occurred; and the clerk of the district court where the applicant resides. In the postconviction proceedings the court may grant a motion by the applicant for summary disposition of the application for any conviction if the respective county attorney in the county where the conviction approved for removal occurred, affirmatively indicates the state has no resistance to the application. If postconviction relief is granted under the bill, the Department of Transportation shall rescind any administrative sanction entered against the person as a result of the conviction, unless the person would be subject to the sanction despite the removal of the record of conviction. The department may impose a new sanction if removal of the record of conviction would result in a lesser or different sanction.
Kansas
H.B. 2202
Specifies that employment fraud would be defined as willfully presenting to an employer false or misleading identification documents for the purpose of obtaining employment in Kansas. Makes employment identity fraud a severity level 8, nonperson felony. Amends the severity level for dealing in false identification documents from an 8 to a level 6 nonperson felony and amends the severity level of vital records identity fraud from an 8 to a level 7 nonperson felony.
 
H.B. 2292
Signed by governor 4/20/09, Chapter 112
Amends certain definitions under the Fair Credit Reporting Act; provides that a consumer may elect to request a security freeze on the consumer's credit report through a secure Web site made available by a consumer reporting agency, or by telephone, if the consumer reporting agency does not have an available website; provides a time period within which a consumer reporting agency that receives a request from a consumer to temporarily lift a freeze must comply; relates to reporting suspected identity theft.
 
H.B. 2332
For various crimes against persons, crimes against property, and drug crimes, including identity theft, the bill imposes sentences that are proportional to the amount of harm sustained by the victim. For many property crimes, the sentencing structure would be identical and would include the following: damages of $100,000 or more would be a severity level five, non-person felony; damages of at least $75,000, but less than $100,000, would be a severity level six, non-person felony; damages of at least $50,000, but less than $75,000, would be a severity level seven, non-person felony; damages of at least $25,000, but less than $50,000, would be a severity level eight, non-person felony; damages of at least $2,000, but less than $25,000, would be a severity level nine, non-person felony; damages of at least $1,000, but less than $2,000, would be a severity level ten, non person felony; damages of at least $500, but less than $1,000, would be a class A non-person misdemeanor; and damages less than $500 would be a class B non-person misdemeanor.
 

S.B. 155
Requires criminal background checks for employees of the Center for Health and Environmental Statistics. If the criminal history record information reveals any conviction of felony crimes or misdemeanor crimes of dishonesty, identity theft or fraud, such conviction may be used to terminate an employee in any position within the Center for Health and Environmental Statistics. If the criminal history record information is used to terminate an employee, the employee shall be informed in writing of that decision.

Kentucky
Repeals, reenacts, and amends KRS 514.160 relating to identity theft to increase the number of pieces of identifying information and add to elements of offense.
 
Amends KRS 514.160, relating to theft of identity, to add avoiding criminal prosecution as an element of the offense.
Louisiana
none
Maine
Signed by governor 6/8/09, Chapter 287
Provides for a comprehensive post-judgment method of relief when a person's identity has been stolen and falsely used by another person in a criminal, civil violation or traffic infraction proceeding. The final outcome in that proceeding is immaterial. The relief offered is a court determination of factual innocence and the correction of the court records and related criminal justice agency records. This bill does not provide relief to a person who has stolen another person's identity and falsely used it in a criminal, civil violation or traffic infraction proceeding.
Maryland
Withdrawn from further consideration 2/16/09
Withdrawn from further consideration 2/23/09
Prohibits a person from knowingly and willfully removing, taking, possessing, obtaining, or receiving mail under specified circumstances without the permission of the United States Postal Service or the intended recipient; provides penalties for a violation of the Act; repeals a provision that prohibits opening a letter without permission that is rendered inconsistent with the Act.
 
Prohibits a person from committing specified identity fraud or credit card offenses against a person who is at least 68 years old or a person with a disability; establishes a penalty; provides that a conviction under the Act does not merge with a conviction for an underlying offense; and provides that a sentence imposed for a violation of the Act is to be consecutive to and not concurrent with any other sentence imposed for other crimes.
 
Withdrawn from further consideration 3/26/09
Establishes that a person who violates the prohibition against identity fraud under circumstances that reasonably indicate that the person knew or should have known that the victim was a minor is guilty of a felony; and provides penalties.
 
Establishes seizure and forfeiture procedures for specified property obtained through or used in connection with felony identity fraud; establishes conditions that would exclude specified property from forfeiture; establishes how specified property subject to forfeiture may be seized, with exceptions; establishes circumstances that must be considered when determining whether to seize specified property; establishes a deadline for filing a complaint seeking forfeiture.
 
Withdrawn from further consideration 3/27/09
Authorizes a court to order a person who pleads guilty or nolo contendere or who is found guilty of identity fraud to make restitution to the victim for reasonable costs, including reasonable attorney's fees, incurred by the victim in connection with a loss of employment or wages from employment.
 
Passed Senate 3/6/09
Establishes seizure and forfeiture procedures for property obtained through or used in connection with identity fraud; establishes conditions that would exclude specified property from forfeiture; establishes how specified property subject to forfeiture may be seized, with exceptions; establishes circumstances that must be considered when determining whether to seize specified property; establishes a deadline for filing a complaint seeking forfeiture.
Massachusetts
Provides that a person who has learned or reasonably suspects that his or hers personal identifying information has been unlawfully used by another, as described in section 37E of Chapter 266, may initiate a law enforcement investigation by contacting the local law enforcement that has jurisdiction over his or her actual residence, which shall take an identity theft police report of the matter, provide the complainant with a copy of that report, and begin an investigation of the facts. If the suspected crime was committed in a different jurisdiction, the local law enforcement agency must refer the matter to the jurisdiction’s local law enforcement agency where the suspected crime was committed for further investigation of the facts.
 
Relates to identity theft and the definition of personal identifying information.
 
Provides that whoever, with intent to defraud, provides false or misleading identification to a person for the purpose of gaining access to any personal identifying information of that person, shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment. Provides that whoever, with intent to defraud, uses any personal identifying information of another person outside the scope of its original authorized use 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, shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment. A person found guilty of violating any provisions of this section shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of such violation. Financial loss may include any costs incurred by such victim in correcting the credit history of such victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney’s fees. Provides that a law enforcement officer may arrest without warrant any person he has probable cause to believe has committed the offense of identity fraud as defined in this section.
 
Expands the crime of identity fraud.
 

H.B. 3427
Amends provisions regarding the use of personal identification of another and identity fraud.

 
Repeals statute regarding the use of another person’s personal identification information.
 
Provides that whoever is charged with violating the section may be prosecuted and punished in the same jurisdiction in which the theft of the personal identifying information occurred, or where the personal identifying information was used with the intent to defraud.
Michigan
Provides for the right of a victim of identity theft to file police report of that theft and requires court to order certain restitution.
 
Amends William Van Regenmorter Crime Victim's Rights Act to require restitution of certain costs incurred by victims of identity theft.
 
Amends the Probate Code of 1939 to require restitution of certain cost incurred by victims of identity theft.
 
Passed House 9/9/09
Provides for forfeiture of assets in crimes involving identity theft.
 
Passed House 9/9/09
Expands definition of racketeering to include identity theft and computer crimes.
 
Passed House 9/9/09
Establishes a nine-member Identity Theft Protection Commission in the Department of Information Technology (DIT).
 

H.B. 4730
Passed House 9/9/09
Amends the William Van Regenmorter Crime Victim Rights Act (MCL 780.754 et al.). The bill includes a reference to Sections 11 and 13 of the Identity Theft Protection Act in a provision pertaining to the right of victims of ID theft to file a police report and obtain a copy of that report.

 
Passed House 9/9/09
Amends Section 5 of the Identity Theft and Protection Act (MCL 445.65) to make it an offense to use or attempt to use the personal identifying information of another person to engage in criminal activity or other violations of law or to mislead a law enforcement agency or court concerning the identity of an individual under criminal investigation or a criminal defendant.
 
Passed House 9/9/09
Adds Section 12c to the Identity Theft and Protection Act to require, within 30 days after the bill's effective date, each "qualified person" (certain financial institutions, as described) to establish a written identity theft prevention program that met all of the following: (i) Included reasonable policies and procedures for detecting, preventing, and mitigating identity theft. (ii) Identified, and detected, specific activities that indicated the possible existence of identity theft and addressed those activities in the program. (iii) Responded to the activities described above in order to mitigate the adverse effects of identity theft. (iv) Trained staff to effectively implement the program. (v) Ensured that the program was periodically reviewed to identify, detect, and respond to new and emerging practices that increased the risk of identity theft. A "qualified person" would mean an entity with more than 50 employees and engaged in extending credit in the form of covered accounts to state residents. A "covered account" would mean that term as defined in federal rules for financial institutions and creditors found at 16 CFR 681.2. Generally speaking, these are consumer accounts at financial institutions for personal, family, or household purposes. The following entities would be exempted from the requirement to establish a written identity theft prevention program as described above: Entities that are subject to and comply with the joint final rules and guidelines concerning identity theft red flags and address discrepancies under the federal Fair and Accurate Credit Transactions Act and a state or federal court, a political subdivision of this state, or a state or federal department or agency.
 
Passed House 9/9/09
Adds Section 12d to the Identity Theft and Protection Act to specify that a person who knowingly violated Section 12c regarding the written identity theft prevention program could be ordered to pay a civil fine of not more than $10,000 for each violation. The attorney general or a prosecuting attorney could bring an action to recover a civil fine under this provision. The provision would not affect the availability of any civil remedy for a violation of state or federal law.
 
Passed House 9/9/09
Adds Section 11a to the Identity Theft Protection Act to allow a victim of identity theft to file a civil action for damages against a person who violated prohibitions contained in Sections 5 and 6 of the act (i.e., intentionally using the personal information of another to obtain credit, goods, services, or money) and recover all of the following: actual damages, reasonable attorney fees, and court costs; reimbursement for notifying third parties of the identity theft, reporting identity theft to law enforcement, and correcting personal identifying information or providing other information to third parties required because of the identity theft; and restitution, in an amount that compensates the victim in full for the work done by the victim or the victim's attorney, or both, to correct financial records and vital records and to ameliorate the effects of the identity theft on the victim's financial affairs, including credit history, credit rating, or credit score.
 
Passed House 9/9/09
Specifies in the Code of Criminal Procedure that a bona fide victim of identity theft is entitled to file a police report with a law enforcement agency in a jurisdiction where the alleged violation may be prosecuted and would require the Department of State Police to develop a model form of police report of identity theft and make it available to law enforcement agencies and victims of identity theft.
 
Passed House 9/9/09
Amends the William Van Regenmorter Crime Victim's Rights Act to require restitution of certain costs incurred by victims of identity theft.
 
Passed House 9/9/09
Amends the Probate Code of 1939 to require restitution of certain costs incurred by victims of identity theft.
 
Passed Senate 4/23/09
Prohibits obtaining personal information by false pretenses.
 
Passed Senate 4/23/09
Modifies sentencing guidelines for crime of obtaining personal information by false pretenses.
 
Establishes and increases penalties for identity theft; establishes forfeiture provisions.
 
Amends to include identity theft protection act as predicate offense underlying racketeering activity.
 

S.B. 225
Expands prosecutorial jurisdiction over specified identity theft crimes.

 
Enacts sentencing guidelines for increased penalties for certain identity theft protection act violations.
 
Modifies limitations for indictments for certain criminal violations, including identity theft.
Minnesota
Relates to crime; adds felony theft to the racketeering statute; adds identity theft to the enhanced penalty for theft.
 
Signed by governor 5/11/09, Chapter 59
Indefinitely postponed 4/22/09
Changes the Financial Crimes Oversight Council to an advisory board.
 
Relates to public safety; changes the Financial Crimes Oversight Council to an advisory board.
Mississippi
Died in committee 2/3/09
Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged.
 
Died in Senate committee 3/3/09
Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged.
 
Signed by governor 3/18/09, Chapter 391
Amends §97-19-85, Mississippi Code of 1972, to revise the offense of fraudulent use of another's identity.
 
Died in committee 2/3/09
Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged.
 
Died in committee 2/3/09
Amends §97-19-85, Mississippi Code of 1972, to expand identity theft to include businesses.
Missouri
This bill changes the laws regarding protections for vulnerable adults and children. In its main provisions, the bill: Specifies that any person who commits the offense of identity theft against an elderly or disabled person can be fined up to one and one-half times the maximum fine and can be imprisoned for up to one and one-half times the maximum sentence term, or both.
Montana
Signed by governor 5/6/09, Chapter 473
Revises the crime of theft and other offenses against property; raising the monetary threshold for felony theft and other offenses against property and revises penalties; includes theft of identity.
Nebraska
Signed by governor 5/26/09
Adopts the Public Protection Act and to provide penalties; changes provisions relating to theft offenses and criminal impersonation and changes penalties; creates the offenses of identity theft and identity fraud and provides penalties.
Nevada
Signed by governor 3/24/09, Chapter 5
Revises certain provisions concerning the identity theft passport to: (1) change the name from identity theft passport to identity theft program card; (2) revise the requirements concerning the filing of a signed written crime report by residents and nonresidents of this state; (3) clarify that an applicant must meet certain criteria before an identity theft program card may be issued; and (4) expand the types of agencies which may accept an application for an identity theft program card.
 
Signed by governor 5/26/09, Chapter 205
Existing law establishes an exception to the statutory prohibitions relating to the possession or use of the personal identifying information of another person by providing that those prohibitions do not apply to a person who, without the intent to defraud or commit an unlawful act, possesses or uses the personal identifying information of another person pursuant to a financial transaction entered into with an authorized user of a payment card who has given permission for the financial transaction. (NRS 205.4655) This bill deletes from this exception the requirement that such an authorized user of a payment card must have given permission for the financial transaction.
New Hampshire
Passed House 2/18/09
Adds a category to permissible payroll deductions for legal services and identity theft plans that are permitted by the employer.
New Jersey
Establishes a procedure whereby a victim of identity theft can obtain a factual determination of innocence. Under the provisions of the bill, if a person reasonably believes that he is a victim of identity theft that person, or the court on its motion or upon application by the prosecuting attorney, may move for an expedited judicial determination of factual innocence if a defendant has been arrested for, charged with or convicted of a crime under the victims identity or where a criminal complaint has been filed against a defendant in the victim's name or if the victim's identity has been mistakenly associated with a record of criminal conviction. If the court determines that the petition or motion is meritorious and that the victim has not committed the offense, the court is to issue a judicial determination of factual innocence. After an order has been issued, the court may order that the name and personal identifying information of the victim contained in court records, files and indexes be deleted, sealed or labeled to show that the data is impersonated and does not reflect the victim’s identity. The bill also requires the Administrative Office of the Courts (AOC) to establish and maintain a database of persons who have been victims of identity theft and who have received determinations of factual innocence. Access to the database is to be limited to criminal justice agencies, victims of identity theft and any other persons and agencies authorized by a victim. The AOC also is directed to establish a toll free number to provide access information to victims of identity theft.
 
Passed Assembly 6/25/09
Establishes the “New Jersey Fair Debt Collection Practices Act.” Generally, the bill eliminates abusive practices in the collection of consumer debts, promotes fair debt collection and provides consumers with an avenue for disputing and obtaining validation of debt information in order to ensure that information's accuracy. The bill creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the bill. Requires a debt collector to stop all collection activities upon receipt from a debtor of the debtor's written statement that the debtor claims to be the victim of identity theft with respect to the specific debt being collected by the debt collector, consisting of either: the Federal Trade Commission's standardized ID Theft Affidavit, or a written statement that certifies that the representations are true, correct, and contain no material omissions of fact to the best knowledge and belief of the debtor.
 
Requires restitution by offenders in identity theft cases. Under current law, courts have discretion in whether or not to order restitution in cases of identity theft. This bill would require courts to order identity theft offenders to pay restitution of costs, including reasonable attorney’s fees and other litigation costs incurred by victims in clearing their credit or in connection with certain proceedings arising as a result of the thefts. The bill also includes debit card numbers in the definition of “personal identifying information” for the purposes of the statutes dealing with theft.
 
Passed Assembly 3/16/09
Expands the wiretap statutes to authorize wiretap orders for investigation of the following crimes: luring or enticing a child, impersonation or theft of identity, stalking or the third or fourth degree crime of harassment.
 
Increases the penalties for identity theft in cases when the victim is a senior citizen or veteran. Under the bill, the penalties would be increased as follows: (I) If the offense only involves one victim, and a senior citizen or a veteran is deprived of an amount less than $500, a first offense would constitute a crime of the third degree, rather than fourth degree, and a second or subsequent offense would constitute a crime of the second degree, rather than third degree; (II) If there are two to five victims or the actor obtains a benefit of $500 to $75,000, and any of the victims is a senior citizen or a veteran, the offense would constitute a crime of the second degree, rather than the third degree; and (III) If there are more than five victims or the actor obtains a benefit of $75,000 or more, any of the victims is a senior citizen or a veteran, the offense would constitute a crime of the first degree, rather than the second degree. Similarly, for crimes of trafficking in personal identifying information pertaining to another person, this bill would increase penalties as follows: (I) If the offense only involves one piece of information and that information was obtained through records owned or maintained by a continuing care retirement community, nursing home, retirement community, or veterans’ facility, the offense would constitute a crime of the third degree, rather than the fourth degree; (II) If the offense involves 20 or more pieces of information and that information was obtained through records owned or maintained by a continuing care retirement community, nursing home, retirement community, or veterans’ facility, the offense would constitute a crime of the second degree, rather than third degree; (III) If the offense only involves 50 or more pieces of information and that information was obtained through records owned or maintained by a continuing care retirement community, nursing home, retirement community, or veterans’ facility, the offense would constitute a crime of the first degree, rather than second degree. A crime in the fourth degree is punishable by up to 18 months imprisonment, a fine of $10,000, or both. A crime in the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both, and a crime in the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. A crime in the first degree is punishable by 10 to 20 years imprisonment, a fine of up to $200,000, or both.
New Mexico
Signed by governor 4/6/09, Chapter 95
Relates to identity security; requires police reports; provides for identity theft passports; allows for removal of a false identity in criminal records; extends the time limit for prosecution of certain crimes; clarifies definitions.
 
Provides for the expungement of records upon identity theft or wrongful charge.
 
Relates to credit reporting; requires a consumer reporting agency to remove information contested because of identity theft or false reporting.
 
Passed Senate 3/10/09
Relates to identity security; requires police reports; providing for identity theft passports; allows for removal of a false identity in criminal records; extends the time limit for prosecution of certain crimes; clarifies definitions.
 
Vetoed by governor 4/6/09
Provides for the expungement of records upon identity theft or wrongful charge.
New York
A.B. 350
Passed Assembly 4/22/09
S.B. 5041
Substituted 5/26/09
Establishes the small business crime prevention services to provide small businesses with information on strategies, best practices and programs offering training and assistance in prevention of crimes in and around the premises of small businesses or otherwise affecting small businesses, including but not limited to: assault, arson and other violent felony offenses; robbery, burglary, theft, identity theft and fraud; and vandalism, graffiti and other property damage; further provides that information on eligibility and applications for financial assistance be made available to small businesses; authorizes the New York State Urban Development Corporation to provide loans, loan guarantees, interest subsidies and grants to small businesses, municipalities, not-for-profit corporations or other organizations for the purpose of preventing crimes against small businesses or on the premises or in the vicinity of small businesses; makes related provisions.
 
A.B. 1299
Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft.
 
A.B. 1339
Relates to identity theft; petitions for determination of factual innocence, issuance of identity theft passports and identity theft credit reports.
 
A.B. 1420
Establishes the crime of obtaining identity by electronic fraud when a person knowingly and willingly solicits, requests or takes any action by means of a fraudulent electronic communication with the intent to obtain the personal identifying information of another.
 
A.B. 2271
Provides certain relief for persons who are victims of identity theft; provides for destruction of sealing of certain police and court records and for issuance of an identity theft passport.
 
A.B. 2449
S.B. 4332
Makes identity theft against a person age 65 or older a class D felony.
 
A.B. 2838
Establishes the crimes of unlawful sale of personal identifying information.
 
A.B. 4406
S.B. 192
Increases the penalties for identity theft crimes.
 
A.B. 5916
S.B. 115
Creates the crime of identity theft in the fourth degree; provides that such crime shall be a class A misdemeanor.
 
A.B. 6291
S.B. 122
Adds medical and health insurance information within the definitions of identity theft.
 
A.B. 7181
S.B. 2282
Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request.
 
S.B. 4711
Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft.
North Carolina
Expands the definition of identity theft to include obtaining, possessing, or using identifying information about another person with the intent to fraudulently obtain employment.
 
Passed House 5/14/09
Requires that private personnel services, job listing services, and individuals provide a notice to potential customers concerning identity theft.
 
Signed by governor 8/26/09, Chapter 510
Clarifies that an order to expunge an individual's record shall be forwarded by the clerk of court to all applicable state and local government agencies, to require a state government agency to forward expunction orders received by the agency to any private entity that disseminates criminal history records for compensation that is licensed by the agency to access the agency's criminal history record database.
 
Expands the definition of identity theft to include obtaining, possessing, or using identifying information about another person with the intent to fraudulently obtain employment.
North Dakota
Signed by governor 3/24/09, Chapter 437
Creates and enacts §12.1-23-12.1 of the North Dakota Century Code, relating to the preparation and filing of identity theft incident reports.
Ohio

H.B. 95
Passed House 5/27/09
Amends §2717.01 of the Revised Code to prohibit a court from ordering a statutory change of name for a person who has committed identity fraud or who must register under the SORN Law for having committed a sexually oriented offense or child-victim oriented offense.

 

H.B. 377
Amends §§2961.01, 2967.16, 3501.38, 3519.01, 3519.05, and 3519.21 and to enact sections 3519.011, 3519.012, and 3519.013 of the Revised Code to prohibit persons who have been convicted of or pleaded guilty to an offense involving identity theft, forgery, or fraud from witnessing or circulating election petitions, to require entities that provide compensation to circulators of initiative or referendum petitions to be licensed, to require such an entity's license to be revoked if it authorizes or knowingly permits violations of the law governing election petitions, to require circulators of initiative or referendum petitions to register with the secretary of state, to provide for public input in the determination of ballot titles, and to require the title of an initiative or referendum petition to be submitted to the attorney general for review.

 

H.B. 386
Increases from $500 to $1,000 the threshold amount for determining increased penalties for theft-related offenses and for certain elements of "vandalism" and "engaging in a pattern of corrupt activity"; to increase by 50 percent the other threshold amounts for determining increased penalties for those offenses.

 

S.B. 22
Amends provisions of the Revised Code to increase from $500 to $750 the threshold amount that is used in determining increased penalties for theft-related offenses.

Oklahoma
Signed by governor 4/24/09, Chapter 93
Relates to criminal procedure; relates to the Restitution and Diversion Program; extends deferred prosecution period.
 
S.B. 771
Relates to crimes and punishments; relates to fraudulently obtaining information from financial institution.
Oregon
Amends criminal sentencing provisions for identity theft crimes.
 
Adds state and federal tax identification numbers to personal information subject to provisions of Oregon Consumer Identity Theft Protection Act. Requires mitigation of risks and losses for consumers and employees as part of measures to protect against breach of security that affects personal information. Applies requirements to all businesses.
Pennsylvania
Signed by governor 9/18/09, Act 42
Provides for restitution for identity theft.
 
Provides for identity theft verification passport.
 
Provides for the offense of unlawful capture and electronic transmission of identifying information.
 
Further provides for the offense of identity theft.
 

S.B. 300
Provides for theft of personal or confidential information.

 
Establishes the Identity Theft Prevention and Restoration Program.
Puerto Rico
none
Rhode Island
none
South Carolina
none
South Dakota
none
Tennessee
Expands the offense of identity theft to include when someone knowingly obtains, possesses, buys, or uses the personal identifying information of another, including any dead or fictitious person, to obtain or attempt to obtain employment.
 
Expands the offense of identity theft to include when someone knowingly obtains, possesses, buys, or uses the personal identifying information of another to obtain or attempt to obtain employment.
Texas
Signed by governor 5/13/09, Chapter 36
Amends the Occupations Code to enact the Identity Recovery Service Contract Regulatory Act, which prohibits a person from operating as a provider or administrator of identity recovery service contracts sold in Texas unless the person is registered with the Texas Department of Licensing and Regulation (TDLR), with certain exceptions. The bill establishes requirements for the registration application, renewal, and fees, and requires each provider to meet certain financial security requirements to ensure it can meet its obligations to its contract holders. The bill authorizes a provider to appoint an administrator, sets out the administrator's responsibilities and duties, and specifies that the appointment of an administrator does not affect a provider's responsibility to comply with the act. The bill establishes that marketing, selling, offering for sale, issuing, making, proposing to make, and administering such a contract are exempt from state laws regulating the business of insurance. Senate Bill 778 prohibits a provider from selling, offering for sale, or issuing an identity recovery service contract in Texas unless the provider gives the contract holder a receipt for, or other written evidence of, the purchase and a copy of the contract within a reasonable period after the date of purchase. The bill sets out requirements for a provider's recordkeeping and for the content of contract forms and disclosures, and establishes the terms by which a contract may be returned, voided, or canceled. The bill prohibits a provider from using certain terms in its name and prohibits a provider or its representative from including certain misleading statements in its contracts or literature. The bill grants TDLR's executive director the authority to conduct investigations to ensure compliance with the act and sets out requirements for the executive director's access to a provider's records to determine such compliance. The bill provides for an administrative penalty, injunction, and civil penalty and makes laws relating to TDLR's general requirements or administrative hearings and procedures and a person's right to a hearing applicable to a disciplinary action taken under these provisions. The bill requires the Texas Commission of Licensing and Regulation, not later than November 1, 2009, to adopt rules to implement the act. Senate Bill 778 amends the Finance Code to add identity recovery service contracts to the list of items authorized to be included as a separate charge in a retail installment contract, and amends the Occupations Code to include identity recovery as an authorized item to be included in a service contract or vehicle protection product.
Utah
Signed by governor 3/24/09, Chapter 164
Clarifies that the offense of identity fraud may include use of the fraud to obtain employment.
Vermont
none
Virginia
Signed by governor 3/27/09, Chapter 380
Signed by governor 3/27/09, Chapter 314
Clarifies that to obtain money, credit, or anything else of value by using without authorization or permission a person's identifying information is prohibited under the identity theft statutes.
 
Increases from $200 to $500 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny; includes identity theft.
 
Signed by governor 3/27/09, Chapter 618
Relieves the victim of identity theft of any court costs for filing a petition to expunge the criminal records of charges against the victim brought as a result of the identity theft.
 
Creates a new class of misdemeanor, called an “aggravated misdemeanor”, allowing for up to two years of incarceration and/or a fine of up to $2,500, for crimes including, but not limited to, larceny offenses between $200 and $500, second offense petit larceny, second offense of a violation of a protective order within five years, recruiting another into a street gang, assault and battery hate crimes, assault and battery of school personnel, second offense domestic assault, second offense stalking, second offense DUI crimes, third offense of driving on a suspended sentence, and driving after having been declared an habitual defendant. The bill also creates the crime of conspiracy to commit petit larceny and allowing for the amount of all goods stolen pursuant to such a conspiracy to be aggregated for any six-month period. Multijurisdictional grand juries are empowered to investigate and issue indictments for grand larceny and conspiracy to commit larceny. The bill adds larceny to the offenses that comprise a “predicate criminal act” as for the purposes of criminal gang activity and raises the threshold amount for grand larceny from $200 to $500; includes identity theft.
Washington
none
West Virginia
Amends and reenacts §61-3-54 of the Code of West Virginia, 1931, as amended, relating to amending 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.
 
Amends and reenacts §14-2A-3 of the Code of West Virginia, 1931, as amended, relating to the crime victims compensation program; allowing awards under the crime victims compensation program to be made to victims of identity theft; and definitions.
 
Amends and reenacts §61-3-54 of the Code of West Virginia, 1931, as amended, relating to including persons who participate in or who contribute to taking a person's identity with fraudulent intent under the provisions of the criminal offense of taking the identity of another person.
Wisconsin
none
Wyoming
none

 

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