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Identity Theft 2010 Legislation

Identity Theft 2010 Legislation

Last updated: March 9, 2011

NCSL Staff Contact: Heather Morton, Denver

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 2010, 30 states and the District of Columbia introduced legislation regarding identity theft. Fifteen states—California, Connecticut, Delaware, Georgia,Hawaii, Illinois, Iowa, Kansas, Louisiana, Maryland, New Hampshire, New Mexico, Oklahoma, South Carolina, Utah and Virginia—and the District of Columbia enacted legislation relating to identity theft this year.

Click here to review a chart summarizing the state laws on identity theft.

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STATES
BILL SUMMARY
Alabama

H.B. 482
Under existing law, the crime of identity theft is a Class C felony. This bill makes the crime of identity theft a Class B felony. Under existing law, prosecution must be commenced within seven years after the commission of the crime of identity theft. This bill provides that a prosecution may be commenced at any time after the commission of the offense.

Alaska
none
Arizona

S.B. 1324
Passed Senate 3/8/10
Requires the Department of Administration to procure and offer prepaid legal and identity protection services to full time state employees and officers.

Arkansas
none
California

A.B. 2698
Vetoed by governor 9/30/10
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 permits 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 county welfare department. 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 to which the matter may be referred for assistance in responding to an instance of suspected identity theft.

 

S.B. 1087
Signed by governor 7/15/10, Chapter 107
This bill authorizes restitution for expenses to monitor an identity theft victim's credit report and for the costs to repair the victim's credit for a period of time reasonably necessary to make the victim whole, as specified.

Colorado
none
Connecticut

H.B. 5196
Signed by governor 6/8/10, Public Act 10-157
This act requires the Department of Children and Families (DCF) to obtain a free credit report for every foster child age 16 and older and review it for evidence of identity theft. If DCF finds any evidence, it must, within five days of receiving the credit report, (1) report this to the chief state's attorney and (2) advise the affected youth and his or her foster parent, caseworker, and legal representative, if any, about this finding at the youth's next biennial treatment plan meeting. Under the act, DCF must ask for a free credit report within 15 days after a foster child turns age 16. For a youth age 16 or older already in foster care on July 1, 2010, DCF must order the first report by July 31, 2010. The act also requires DCF to report to the Human Services and Appropriations committees by July 1, 2011 about its findings of identity theft found through the credit reports.

Delaware

H.B. 348
Signed by governor 7/16/10, Chapter 416
Provides greater protections for Delaware’s vulnerable adults, individuals the General Assembly considers to be particularly at risk of physical, emotional and/or financial exploitation. The Act creates a new criminal offense, Crime Against a Vulnerable Adult, which imposes enhanced penalties in more than 50 criminal offenses if the victim is a vulnerable adult, includes identity theft.

District of Columbia

B18-449
Passed Congressional review 5/27/10, Law 18-0162
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.

Florida
none
Georgia

H.B. 1016
Signed by governor 5/27/10, Act 501
Relates to identity fraud, so as to revise a term so as to include businesses as potential identity theft victims.

 

S.B. 334
Passed Senate 3/8/10
Creates the crime of medical identity fraud; provides for punishment; provides that actual and punitive damages are available to victims of medical identity fraud.

Guam
none
Hawaii

H.B. 840
Signed by governor 5/17/10, Act 114
Amends §806-83, Hawaii Revised Statutes, to add felony offenses which may be charged by written information, includes unauthorized possession of confidential personal information.

 

H.B. 1752
Passed House 3/2/10
Excludes non-violent offenders from the repeat offenders statute requiring mandatory minimum prison terms, includes identity theft crimes.

 

H.B. 2511
S.B. 2664
Amends the identity theft offenses and the definition of "personal information" in chapter 708, Hawaii Revised Statutes, to clarify that the identity theft offenses include the transmission of personal information of an actual person, alive or dead, or a fictitious person.

Idaho
none
Illinois

H.B. 537
Signed by governor 6/21/10, Public Act 96-0936
Requires each consumer reporting service to maintain at all times an ID Theft Red Flag Program that meets the standards established by the Federal Trade Commission's Red Flags Rule, promulgated under the Fair and Accurate Credit Transactions Act of 2003.

 

H.B. 5137
Creates the Foster Child Identification Theft Protection Act. Provides that every Department of Children and Family Services caseworker shall annually request from a credit reporting agency a credit report on each child who is in foster care and assigned to the caseworker as a client. Provides that if a credit report indicates unauthorized credit-related activity in a child's name, the caseworker shall notify the credit reporting agency and request that the agency correct the child's credit record to expunge all references to the unauthorized credit-related activity or take other action that will expressly and clearly indicate that the activity was unauthorized. Provides that a caseworker shall also report such unauthorized credit-related activity to the State's Attorney. Requires the Department of Children and Family Services to develop standard forms for use by caseworkers in connection with these provisions.

 

H.B. 5364
Amends the Criminal Code of 1961. Makes a technical change in a section concerning an offender's interest in property obtained in the name of another person.

 

H.B. 5513
Signed by governor 8/20/10, Public Act 96-1455
Amends the Criminal Code of 1961. Adds provision that a person commits the offense of identity theft when he or she knowingly, in the course of applying for a building permit with a unit of local government, provides the license number of a fire sprinkler contractor whom he or she does not intend to have perform the work on the fire sprinkler portion of the project. Provides that it is an affirmative defense to prosecution under the provision that the building permit applicant promptly informed the unit of local government that issued the building permit of any change in the fire sprinkler contractor. Provides that a person who commits identity theft under the provision shall be guilty of a Class 4 felony. Amends the Fire Sprinkler Contractor Licensing Act. Provides a cross-reference to the new criminal penalty for identity theft under the Criminal Code of 1961.

 

H.B. 5514
Signed by governor 7/27/10, Public Act 96-1324
Provides that if an applicant 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 performs the work on the roofing portion of the project for which the applicant has requested the permit, then the applicant shall be guilty of identity theft under the Criminal Code of 1961. Adds provision that a person commits the offense of identity theft when he or she knowingly, in the course of applying for a building permit with a unit of local government, provides the license number of a roofing contractor whom he or she does not intend to have perform the work on the roofing portion of the project; provides that it is an affirmative defense to prosecution under the provision that the building permit applicant promptly informed the unit of local government that issued the building permit of any change in the roofing contractor; provides that a person who commits identity theft under the provision shall be guilty of a Class 4 felony. Amends the Illinois Roofing Industry Licensing Act; provides cross-reference to the criminal penalty for identity theft under the Criminal Code of 1961.

 

H.R. 857
Designates the month of December as Illinois Identity Theft Awareness Month.

 

H.R. 861
Adopted 3/17/10
Designates the month of December 2010 as Identity Theft Awareness Month in the state of Illinois.

Indiana

S.B. 338
Provides additional situations in which a person may petition a court to expunge arrest records, including a charge, arrest, or conviction that appears on an individual's criminal history because of identity theft, deception, or mistake. Provides that law enforcement agencies shall not release a limited criminal history to noncriminal justice agencies when certain petitions are filed. Provides that it is a Class B misdemeanor if an employee of a law enforcement agency violates the expungement of arrest records laws.

Iowa

S.F. 2075
Signed by governor 3/19/10
This bill requires an insurer to provide reasonable exceptions to the insurer's rates, rating classifications, company or tier placement, or underwriting rules or guidelines upon the written request of an applicant for insurance or an insured whose credit information has been directly influenced by specified extraordinary life circumstances, including identity theft. An insurer may require such a consumer to provide reasonable written and independently verifiable documentation of the event and to demonstrate the direct and meaningful impact of the event on the consumer's credit information.

 

S.S.B. 3024
This bill requires the attorney general, when adopting rules to implement identity theft passport provisions contained in Code §715A.9A, to include an expedited or streamlined process for the issuance of identity theft passports to or for the benefit of victims that were under 18 years of age at the time the incident of identity theft occurred.

Kansas

H.B. 2501
Signed by governor 4/15/10, Chapter 108
This bill requires an insurer to provide reasonable exceptions to the insurer's rates, rating classifications, company or tier placement, or underwriting rules or guidelines upon the written request of an applicant for insurance or an insured whose credit information has been directly influenced by specified extraordinary life circumstances, including identity theft.

 

H.B. 2518
Provides that the penalties for identity theft, if the monetary loss to the victim or victims is: (A) $100,000 or more is a severity level 5, nonperson felony; (B) at least $75,000 but less than $100,000 is a severity level 6, nonperson felony; (C) at least $50,000 but less than $75,000 is a severity level 7, nonperson felony; (D) at least $25,000 but less than $50,000 is a severity level 8, nonperson felony; (E) at least $2,000 but less than $25,000 is a severity level 9, non-person felony; (F) at least $1,000 but less than $2,000 is a severity level 10, nonperson felony; (G) at least $500 but less than $1,000 is a class A nonperson misdemeanor; and (H) less than $500 is a class B nonperson misdemeanor.

 

H.B. 2541
Creates the crime of employment identity fraud, as willfully presenting to an employer false or misleading identification documents for the purpose of obtaining employment in the state of Kansas. Designates employment identity fraud as a severity level 8, nonperson felony.

 

S.B. 67
Signed by governor 4/8/10, Chapter 88
Amends the crimes of mistreatment of a dependent adult, identity theft and identity fraud, and criminal possession of a firearm. Amends the crime of identity theft to clarify that the crime is committed by obtaining, possessing, transferring, using, selling, or purchasing any personal identifying information belonging to or issued to another person, with the intent to defraud that person, or anyone else, in order to receive a benefit. The penalty for the crime does not change. Amends the crime of identity fraud to clarify that the crime is committed by either: Using or supplying information the person knows to be false in order to obtain a document containing any personal identifying information; or Altering, amending, counterfeiting, making, manufacturing, or otherwise replicating any document containing personal identifying information with the intent to deceive. The penalty for the crime does not change. Clarifies that it is not a defense that the person did not know the personal identifying information belonged to another person, living or deceased; and provides a definition for personal identifying information.

 

S.B. 345
Stricken from House calendar 3/29/10
Provides that the penalties for identity theft, if the monetary loss to the victim or victims is: (A) $100,000 or more is a severity level 5, nonperson felony; (B) at least $75,000 but less than $100,000 is a severity level 6, nonperson felony; (C) at least $50,000 but less than $75,000 is a severity level 7, nonperson felony; (D) at least $25,000 but less than $50,000 is a severity level 8, nonperson felony; (E) at least $2,000 but less than $25,000 is a severity level 9, non-person felony; (F) at least $1,000 but less than $2,000 is a severity level 10, nonperson felony; (G) at least $500 but less than $1,000 is a class A nonperson misdemeanor; and (H) less than $500 is a class B nonperson misdemeanor.

Kentucky
none
Louisiana

H.B. 718
Substituted by H.B. 1292 4/14/10
Provides that a contractor shall be considered to not be a "responsible bidder" and disqualified if he has been convicted of certain state crimes or equivalent federal crimes. The crimes are as follows: theft; identity theft; theft of a business record; false accounting; issuing worthless checks; bank fraud; forgery; public bribery; corrupt influencing; contractors; misapplication of payments; home improvement fraud; money laundering.

 

H.B. 1292
Signed by governor 7/2/10, Act 945
Provides that a conviction of or a plea of guilty or nolo contendere to the following crimes bars the bidding entity from bidding on public projects for five years from the date of conviction or entrance of the plea: (a) Theft. (b) Identity theft. (c) Theft of a business record. (d) False accounting. (e) Issuing worthless checks. (f) Bank fraud. (g) Forgery. (h) Contractors; misapplication of payments. (i) Malfeasance in office.

Maine
none
Maryland

H.B. 779
Signed by governor 4/13/10, Chapter 108
S.B. 820
Signed by governor 4/13/10, Chapter 107
Requires the Police Training Commission to expand the minimum curriculum and courses of study for police training to include special training on and attention to the exploitation of children, the contact with and treatment of the victims of crimes and delinquent acts, notices, services, support, and rights available to specified victims and their representatives, and the notification of the rights of identity fraud victims under federal law.

 

H.B. 780
S.B. 818
Authorizes a court to order restitution if the victim of a crime or delinquent act incurred reasonable costs, including attorney's fees, for clearing the victim's credit history or rating or in connection with a proceeding to satisfy a debt, lien, judgment, or other obligation that arose due to the crime or delinquent act.

 

H.B. 783
S.B. 817
Authorizes a court to order restitution to an identity fraud victim for an amount equal to the time reasonably spent by the victim to clear a credit history or rating or in connection with a civil or administrative proceeding to satisfy a debt, lien, judgment, or other obligation that arose due to the identity fraud violation.

 

H.B. 785
Signed by governor 5/4/10, Chapter 352
S.B. 815
Signed by governor 5/4/10, Chapter 351
Requires the Police Training Commission, in cooperation with the Office of the Attorney General, the governor's Office of Crime Control and Prevention, and the Federal Trade Commission, to develop a uniform reporting form for identity fraud that makes transmitted data available for use by state and local law enforcement agencies by a specified date and that may authorize that identity fraud data be transmitted to a specified program in the Federal Trade Commission.

 

H.B. 787
S.B. 211
Expands the circumstances under which a court is authorized to order restitution to include financial damage or loss incurred as a result of identity fraud; authorizes a court to accept an identity fraud restitution affidavit as competent evidence; requires each state's attorney to consult with the Office of the Attorney General under specified circumstances; requires the Office of the Attorney General to develop an identity fraud restitution affidavit.

 

H.B. 1432
Passed House 3/26/10
Clarifies that a person is prohibited from knowingly and willfully assuming the identity of a fictitious person to avoid identification, apprehension, or prosecution for a crime, or with fraudulent intent, to get a benefit, credit, good, service, or any other thing of value or to avoid the payment of debt or other legal obligation; and providing penalties for a violation of the Act.

 

S.B. 783
Establishes seizure and forfeiture procedures for property obtained through or used in connection with specified financial crimes; 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

H.B. 316
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.

 

H.B. 1347
Relates to identity theft and the definition of personal identifying information.

 

H.B. 1454
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.

 

H.B. 1511
Expands the crime of identity fraud.

 

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

 

H.B. 3872
Repeals statute regarding the use of another person’s personal identification information.

 

S.B. 1842
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

H.B. 4325
Signed by governor 12/21/10, Public Act 314
Amends the Identity Theft Protection Act to subject certain property to seizure and forfeiture, and outline forfeiture proceedings for seized property. The following property would be subject to forfeiture: (i) Equipment of any kind that was used or intended to be used to commit a felony violation of the Act. (ii) Except as otherwise provided, a conveyance, including an aircraft, vehicle, or vessel, used or intended to be used to facilitate the transportation of equipment used or intended to be used to commit a felony violation of the Act. (iii) Books, records, and research products and materials, including formulas, microfilm, tapes, and data, used or intended for use to commit a felony violation of the Act. (iv) Anything of value furnished or intended to be furnished in exchange for identity information obtained in a felony violation of the Act, or used or intended to be used to facilitate a felony violation of the Act, including money, negotiable instruments, or securities.

 

H.B. 4326
Passed House 9/9/09
Expands definition of racketeering to include identity theft and computer crimes.

 

S.B. 149
Signed by governor 12/21/10, Public Act 318
Amends the Identity Theft Protection Act to do all of the following: (i) Prohibits communicating under false pretenses to request personal identifying information, creating or operating an unauthorized webpage to solicit personal identifying information, or altering a computer or software setting to solicit personal identifying information, with or without the intent to commit identity theft or another crime. (ii) Applies criminal penalties for identity theft violations to violations described above that include intent to commit identity theft or another crime. (iii) Allows the attorney general, or an interactive computer service provider, to bring a civil action against a person who committed a violation described above without intent to commit identity theft or another crime. (iv) Exempts a law enforcement officer engaged in his or her official duties, or any other investigator engaged in a lawful investigation, from the prohibition that does not include intent to commit identity theft or another crime. (v) Exempts an interactive computer service provider from liability under the Act for certain actions. (vi) Expands the definition of "personal identifying information."

 

S.B. 150
Signed by governor 12/21/10, Public Act 319
Amends the Code of Criminal Procedure to revise the sentencing guidelines description of certain identity theft violations.

 

S.B. 223
Signed by governor 12/21/10, Public Act 315
The bill amends the Identity Theft Protection Act (MCL 445.69 et al.) to: Specify graduated penalties for second and third or subsequent violations of the act that are felonies. Increase the maximum term of imprisonment to 93 days for certain misdemeanor violations, and specify increased fines for second and third or subsequent misdemeanor violations. Subject certain property to seizure and forfeiture, and outline forfeiture proceedings for seized property.

 

S.B. 224
Passed Senate 11/10/10
Amends to include identity theft protection act as predicate offense underlying racketeering activity.

 

S.B. 225
Signed by governor 12/21/10, Public Act 316
Amends the Code of Criminal Procedure (MCL 762.10c) to expand the violations that may be prosecuted in the jurisdiction in which the offense occurred, in which the information used to commit the violation was illegally used, or in which the victim lives, including violations of the Identity Theft Protection Act.

 

S.B. 226
Signed by governor 12/21/10, Public Act 317
Amends the Code of Criminal Procedure (MCL 777.13p et al.) to include in the sentencing guidelines the maximum term of imprisonment for felony offenses involving identity theft and other crimes.

Minnesota
none
Mississippi

H.B. 807
Passed House 2/9/10
Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged.

 

S.B. 2476
Died in committee 2/2/10
Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged.

Missouri

S.B. 801
Passed Senate 3/4/10
The act requires consumer reporting agencies to block certain information in a consumer's credit report, if the consumer has identified such information as the result of identity theft. Provided the consumer submits certain information to the consumer reporting agency, the consumer reporting agency must implement the information block within four days of receipt of the request. After implementing a block, the consumer reporting agency must provide certain notification to the entity that furnished the information to the reporting agency. The consumer reporting agency may decline or rescind a block in certain circumstances and must notify the consumer of such action. The act does not apply to resellers of consumer reports that are not selling reports with the identified information at the time of the consumer's request. Resellers that receive a request to block information from a consumer must comply with the block and inform the consumer of each credit agency that sold the credit report to the reseller. The act does not apply to check services companies, but check services companies must not report certain information to a consumer reporting agency after a consumer has requested an information block due to identity theft.

Montana
No Regular 2010 Session
Nebraska
none
Nevada
No Regular 2010 Session
New Hampshire

H.B. 1137
Signed by governor 6/14/10, Chapter 133
This bill adds to the purposes for which employers may withhold a portion of an employee’s wages to include legal plans and identity theft plans without financial advantage to the employer when the employee has given his or her written authorization and deductions are duly recorded.

New Jersey

A.B. 352
S.B. 1053
This bill 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.

 

A.B. 366
S.B. 575
This bill 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.

 

A.B. 642
S.B. 2061
This bill requires the attorney general to promulgate guidelines setting forth mandatory procedures to be followed by local police departments to enhance their ability to positively identify suspects before they are released. The purpose of the guidelines is to address the growing problem of “criminal identity theft.” Criminal identity theft occurs when a criminal suspect provides a law enforcement officer during an investigation or arrest with another person’s name and personal information, such as a driver’s license, whether valid or counterfeit, birth date, or Social Security number. The suspect is released, but the law enforcement agency has the victim’s information, not the suspect’s. As a result, unsuspecting victims whose information has been stolen may be arrested, have their driver’s license suspended, or be denied a professional license or employment based on a criminal history record they didn’t know they had.

 

A.B. 661
S.B. 631
This bill amends N.J.S.A. 2C:20-25, to provide that a person commits the crime of computer criminal activity if the person knowingly and without authorization, or in excess of authorization accesses or attempts to access any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network with the intent to defraud, or to obtain personal identifying information, services, property, or money, from the owner of a computer or any third party, by means of a knowing misrepresentation as to the identity or authority of the person requesting the information. This offense is graded as a crime of the third degree which is punishable by up to five years imprisonment, a fine of up to $15,000, or both. The offense is graded as a crime of the second degree if the value of the services, property, personal identifying information, or money obtained or sought to be obtained exceeds $5,000. A crime of the second degree is punishable by up to 10 years imprisonment, a fine of up to $150,000 or both. This bill provides that any person who violates the provisions of N.J.S.A. 2C:20-25 by acquiring, obtaining, taking or copying personal identifying information and sells or distributes such personal identifying information to another or uses such personal identifying information in the commission of another crime commits a crime of the third degree.

 

A.B. 1729
S.B. 996
This bill 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 victim’s identity; 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 personal identifying information indicating the victim’s identity as the perpetrator was false. 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 to information to victims of identity theft.

 

A.B. 1871
This bill provides for expungement of records in cases where a victim of an identity theft was mistakenly accused of an offense. Under the provisions of the bill, a victim of an identity theft can make an application to the court for expungement of any records relating to the victim's charge or conviction, provided that the victim was charged or convicted of an offense or a motor vehicle violation as a result of another person using the victim's personal identifying information to commit an offense or violation and that the charge or conviction was dismissed or set aside. The bill provides that the application should include documents and information to support the victim's application. After an expungement is granted, the court would forward a copy of the expungement order to the appropriate agency. Upon receipt of the order, the agency would be required to expunge the pertinent records. The bill provides that the victim would not be charged a fee for the expungement. The bill amends N.J.S.A.2C:52-28, which provides that the expungement provisions in the statute do not apply to arrests or convictions for motor vehicle violations, to make a limited exception for victims of identity theft. In addition, the bill would require an insurance company to refund those additional premiums charged to a policyholder who was a victim of identity theft upon notification of the expungement. The bill would also require the director of the Division of Motor Vehicles to provide the person whose motor vehicle record was expunged with a certified corrected driver history. The director would also be required to reinstate any drivers license suspended or revoked as a result of the charge or conviction which was later expunged.

 

A.B. 2999
S.B. 307
This bill requires payment of certain costs and expenses by offenders in identity theft cases in addition to any other disposition authorized by law and any restitution otherwise ordered by the court. Under current law, courts have discretion in whether or not to order restitution in cases of identity theft. This bill requires courts to order identity theft offenders to pay certain costs, including reasonable attorney’s fees and other costs incurred by victims in clearing their credit or in connection with certain proceedings arising as a result of the thefts. The bill includes debit card numbers in the definition of “personal identifying information” for the purposes of the statutes dealing with theft.

 

A.B. 3536
S.B. 2462
This bill amends the state's criminal code to clarify that a person is guilty of the offense of criminal impersonation if the person engages in one or more of the actions prohibited by N.J.S.2C:21-17 by any means including, but not limited to, electronic communications or an Internet Web site.

New Mexico

H.B. 131
Signed by governor 3/8/10, Chapter 54
Requires a consumer reporting agency to remove information contested because of identity theft or false reporting.

 

H.J.M. 57
Requests the United States Congress to require financial institutions and creditors to develop and implement a written identity theft program to identify, detect and correct the damage caused to victims of identity theft and to require the Social Security Administration to promulgate new rules allowing victims of identity theft to obtain a new Social Security number and transfer all existing benefits to the new member.

New York

A.B. 350
Passed Assembly 5/26/10
S.B. 5041
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. 10840
S.B. 7536
Relates to disclosure by the commissioner of personal income tax returns involved in possible identity theft.

 

A.B. 10944
S.B. 7843
Provides a cogent and logical framework for the myriad identity theft laws that have been passed in response to the rapidly changing nature of identity theft crimes; provides the dollar threshold for identity theft comparable to those in the grand larceny statutes; acknowledges that identity theft doesn't respect geographic boundaries.

 

S.B. 7588
Passed Senate 6/15/10
Expands geographical jurisdiction for crimes attendant to identity theft or the unlawful possession of personal information.

North Carolina
none
North Dakota
No Regular 2010 Session
Ohio

H.B. 377
Passed House 3/24/10
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.

Oklahoma

H.B. 3323
Signed by governor 4/12/10, Chapter 88
Creates Kelley's Law; provides that the Developmental Disabilities Services Division of the Department of Human Services shall require all authorized persons accessing service recipient information within a home record to sign a specified form concerning penalties for misuse of protected information and identity theft.

Oregon
No Regular 2010 Session
Pennsylvania
none
Puerto Rico
none
Rhode Island
none
South Carolina

H.B. 4261
Signed by governor 6/24/10, Act 271
Adds §23-3-75 so as to provide that an officer of the court who is employed by the South Carolina law enforcement division may issue an administrative subpoena to a financial institution, public or private utility, or communications provider for the production of records during the investigation of certain criminal cases that involve financial crimes.

South Dakota
none
Tennessee

H.B. 791
S.B. 519
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.

Texas
No Regular 2010 Session
Utah

H.B. 364
Signed by governor 3/23/10, Chapter 143
This bill: allows an identity theft victim to bring an action against a perpetrator; sets out limits on the recovery of damages; and designates a statute of limitations for a civil action for damages.

 

S.B. 279
Enacting clause struck 3/11/10
This bill modifies the identity fraud provision to address persons providing or attempting to provide credit, goods, services, employment, a thing of value, or medical information.

Vermont
none
Virginia

H.B. 84
Signed by governor 4/10/10, Chapter 319
Provides that a Virginia corporation or other entity that provides electronic communication services or remote computing services to the general public, when properly served with a warrant and affidavit in support of the warrant, issued by a judicial officer or court of another state with jurisdiction over the matter, to produce a record or other information pertaining to a subscriber to or customer of such service or the contents of electronic communications, or both, shall produce the record or other information as if that warrant had been issued by a Virginia court. This provision applies only to records relating to certain violent or sexual criminal offenses, computer fraud and identity theft.

 

H.B. 210
Signed by governor 4/9/10, Chapter 298
Provides that for the purposes of the extortion statute "injury to property" includes the sale, distribution or release of personal identifying information listed in the identity theft statute, unless it is done with the intent to obtain money, property or a pecuniary benefit to which a person reasonably believes he is lawfully entitled.

 

H.B. 435
Provides that it is a Class 6 felony for any person, with the intent to defraud, to use identifying information of a minor over whom he exercises custodial authority to obtain money, credit, loans, goods or services.

 

H.B. 828
Increases from $200 to $750 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. The same threshold is increased for certain property crimes.

 

H.B. 932
Provides that the distribution of information acquired through identity theft is a Class 4 felony. The bill also punishes the new crime of aggravated identity theft, when a person, through identity theft, with the intent to defraud, for his own use or the use of a third person, (i) obtains money, goods, or services through the use of identifying information of such other person; (ii) obtains, records, or accesses identifying information while impersonating a law-enforcement officer or an official of the government of the Commonwealth; or (iii) avoids summons, arrest, prosecution, or impedes a criminal investigation, as a Class 5 felony. The bill also punishes obtaining identification documents in such other person's name as a Class 1 misdemeanor, and retains Class 1 misdemeanor punishment for obtaining, recording, or accessing identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person. The bill eliminates identity theft provisions that fix punishment based on the number of records accessed or obtained, or the amount of money involved.

 

S.B. 125
Increases from $200 to $210 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. The same threshold is increased for certain property crimes.

Washington

S.B. 6565
Creates the crime of trafficking in the identity of another entity or person.

West Virginia

H.B. 2279
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.

 

H.B. 4382
Relates to the establishment of the West Virginia Civil and Criminal Forfeiture Act; establishes civil and criminal forfeiture proceedings pertaining to property and assets used in, acquired, gained or flowing from gained from various criminal activities and juvenile offenses; provides definitions; statement of purpose of forfeitures; identifes property subject to forfeiture; establishes exemptions; provides the state with provisional title to property subject to forfeiture; establishes procedures seizure of property; establishes protections for innocent third party owners and interest holders; establishes a procedure for processing uncontested forfeitures; establishes general procedures for challenging and evaluating forfeiture procedures; provides for the filing and processing of petitions for in rem forfeiture proceedings; provides for the filing and processing and establishes related procedures for in personam forfeiture proceedings; allows additional procedures applicable in criminal and civil proceedings in which forfeiture of property is sought; allows for forfeiture of and execution on substitute property under certain conditions; allows for release of seized property upon provision of adequate security bond or deposit; provides certain exceptions and limitations; establishes procedures for forfeiture; establishes burdens of proof; provides for the seizure and disposition of forfeited and other property; civil forfeiture action and pretrial hardship release; establishes the crime of interference with or diminishing forfeitable property; provides right to trial by jury; creates standards and procedures for care of property in law-enforcement custody; provides provisions for the sale of forfeited property; prioritizes and directs the application of proceeds and forfeiture funds; provides exceptions; and penalties.

Wisconsin

S.B. 702
Failed to pass pursuant to Senate Joint Resolution 1 4/28/10
This bill prohibits the possession, by a person who is incarcerated in a prison or who resides in a mental health facility, of a correctional employee’s personal identifying information or a document relating to the employee’s personal identifying information. A person who violates this prohibition is guilty of a Class H felony. Under the bill, a correctional employee who is the victim of an unauthorized possession of his or her personal identifying information or documents may obtain a security freeze on his or her credit reports free of charge, if he or she submits proof to a credit reporting agency that he or she reported the unauthorized possession to a law enforcement agency.

Wyoming
none

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