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Identity Theft 2011 Legislation

Identity Theft 2011 Legislation

Last updated: December 19, 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 2011, 34 states introduced legislation regarding identity theft. Sixteen states—Alabama, California, Colorado, Connecticut, Georgia, Illinois, Kansas, Maryland, Mississippi, Nevada, Ohio, Tennessee, Texas, Utah, Virginia and Washington—enacted legislation in 2011.

NCSL Related Webpages:

ALAZ | CA | CO | CT | FL | GA | HI | IL | IN | IA | KS | MD | MA | MN | MS | MO | NV | NJ | NM | NY | OH | OR | PA | RI | SC | TN | TX | UT | VA | WA | WV | WI | WY
STATE
BILL SUMMARY
Alabama

H.B. 15
Indefinitely postponed 6/1/11
Provides that notwithstanding any other provision of law, the maximum fine for every person either convicted for violating the misdemeanor offense of identity theft adopted as a municipal ordinance violation or adjudicated as a youthful offender shall be $1,000.

H.B. 56
Signed by governor 6/9/11, Act 535
Creates the crime of dealing in false identification documents and the crime of vital records identity fraud and provides penalties.

H.B. 218
Under existing law, felony criminal offenses and penalties are classified into three classifications: Class A, Class B, and Class C. This bill adds the classification of Class D felony as a fourth classification of criminal felony, and provides penalties for the new classification; includes the crime of using a false identity. This bill provides that the Alabama Habitual Offender Law would not apply to Class D felonies and for the treatment of Class D felonies when the defendant is given a split sentence.

S.B. 22
Signed by governor 6/14/11, Act 680
Provides that notwithstanding any other provision of law, the maximum fine for every person either convicted for violating the misdemeanor offense of identity theft adopted as a municipal ordinance violation or adjudicated as a youthful offender shall be $1,000.

S.B. 204
Indefinitely postponed 6/1/11
Under existing law, felony criminal offenses and penalties are classified into three classifications: Class A, Class B, and Class C. This bill adds the classification of Class D felony as a fourth classification of criminal felony, and provides penalties for the new classification; includes the crime of using a false identity. This bill provides that the Alabama Habitual Offender Law would not apply to Class D felonies and for the treatment of Class D felonies when the defendant is given a split sentence.

S.B. 256
Creates the crime of dealing in false identification documents and the crime of vital records identity fraud and provides penalties.

S.B. 489
Under existing law, the crime of identity theft is a Class C felony. This bill expands the definition of identity theft to include obtaining the identity of another for the purpose of gaining employment and makes the crime of identity theft a Class B felony.

Alaska
none
Arizona

S.B. 1611
Provides that if the court sentences a person who is convicted of a violation of the crime aggravated taking of identity for the purposes of obtaining employment to a term of probation, the court shall order that as an initial term of probation the person be imprisoned in the county jail for not less than 180 consecutive days. This jail term shall commence on the date of sentencing.

Arkansas
none
California

A.B. 106
Signed by governor 6/28/11, Chapter 32
Existing law requires a county welfare department 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, as specified. This bill suspends implementation of the above provisions until July 1, 2013.

A.B. 332
Signed by governor 9/30/11, Chapter 366
Existing law provides that any person who is not a caretaker of an elder or dependent adult, who knows or reasonably should know that the victim is an elder or a dependent adult, or any person who is a caretaker of an elder or dependent adult, and that person violates specified identity theft provisions of law, with respect to the property or personal identifying information of an elder or a dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in a state prison for 2, 3, or 4 years, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. This bill makes those offenses punishable by a fine not exceeding $2,500, or by imprisonment in the county jail not exceeding one year, or by both that fine or imprisonment, or alternatively by a fine not exceeding $10,000, or by imprisonment in a state prison for 2, 3, or 4 years, or by both that fine and imprisonment, if the value of the assets taken is of a value exceeding $950. The bill makes other technical, nonsubstantive changes. This bill incorporates changes to §368 of the Penal Code proposed by AB 109, to be operative if both bills are enacted and became operative as specified. This bill additionally incorporates changes to §368 of the Penal Code proposed by SB 586, to be operative if both bills are enacted and became operative, as specified.

A.B. 846
Passed Assembly 5/19/11
Existing law requires a county welfare department 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 these 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 authorizes the county welfare department and the state Department of Social Services to refer the matter to a governmental agency or nonprofit organization that provides information and assistance to victims of identity theft. The bill authorizes the governmental agency or nonprofit organization to take remedial actions to clear the youth's credit record and to report the results to the county welfare department or the state Department of Social Services. 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 these matters may be referred for assistance in responding to an instance of suspected identity theft.

A.B. 1080
This bill requires a business that provides banking or other financial services and that allows for the movement of specified funds over the Internet to collect and report, on an annual basis, information relating to unauthorized transfers of funds over the Internet, and to post this report on its Internet Web site, as specified.

S.B. 208
Signed by governor 6/29/11, Chapter 45
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.

S.B. 784
Existing law requires that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for an unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense. This bill makes a technical, nonsubstantive change to that provision.

Colorado

H.B. 1049
Passed House 2/9/11
The bill clarifies certain statutory language describing the offense of identity theft. Falsely claiming the personal identifying information of another person with intent to obtain or maintain employment is added to the list of actions considered as identity theft. To commit identity theft, it is not necessary that a person be aware that the personal identifying information, financial identifying information, or financial device involved in the commission of the offense belongs to another person. The bill amends certain language describing the elements of the offense of criminal impersonation to require the assumption of a false or fictitious identity or legal capacity under some circumstances and the assumption of a false or fictitious identity or capacity, legal or otherwise, in other circumstances. Using false or fictitious personal identifying information shall constitute the assumption of a false or fictitious identity or capacity for the purposes of charging a person with criminal impersonation.

S.B. 108
Signed by governor 6/2/11, Chapter 252
The act eliminates the 2011 repeal of the "Identity Theft and Financial Fraud Deterrence Act" (Act), and extends the Act through September 1, 2016. The identity theft and financial fraud board (board) is expanded from nine to 10 members by the addition of a representative of a consumer or victim advocacy organization. The governor is required to appoint the new board member on or before July 1, 2011. The attorney general and the executive director of the department of public safety may each appoint a designee to the board rather than serving on the board himself or herself. The act repeals the board's authority to enter into contracts, leases, and other legally binding agreements. The board is required to report to the General Assembly on October 1 of each even-numbered year beginning in 2012.

S.B. 120
Signed by governor 4/8/11, Chapter 102
The act sets forth a legislative declaration concerning a bill of rights for youth in foster care, excluding those in the custody of the division of youth corrections or a state mental hospital (youth). The court shall ensure that youth who are 16 to 18 years of age are provided assistance in obtaining a free credit report for the youth. If there is evidence of identity theft, the person assisting the youth shall inform the court and refer the matter to a governmental or nonprofit entity on a referral list developed by the department of human services (department) for remedial action. The department is required to promulgate rules concerning policies for allowing youth 12 years of age and older greater access to extracurricular activities, including the waiver of certain fingerprint-based criminal history records checks.

S.B. 201
Signed by governor 5/27/11, Chapter 217
The act clarifies some of the elements of the offense of criminal impersonation. The use of false or fictitious personal identifying information shall constitute the assumption of a false or fictitious identity or capacity for the purpose of charging the offense of criminal impersonation.

Connecticut

H.B. 5324
Failed Joint Favorable deadline 4/1/11
Reduces opportunities for identity theft by ensuring that a photostatic copy of a person's driver's license is not part of the person's health care record.

H.B. 5354
Failed Joint Favorable deadline 3/17/11
Requires banks to allow customers who are the victims of identity theft and whose credit or debit card account is undergoing a fraud investigation as a result of such identity theft to access the funds in their account pending the outcome of such investigation.

H.B. 6173
Failed Joint Favorable deadline 4/15/11
Increases the monetary penalty for identity theft by $100 for each offense.

S.B. 98
Signed by governor 7/13/11, Public Act 11-221
This act expands the definition of criminal impersonation to include the use of an electronic device to impersonate another person with intent to defraud, deceive, or injure, that results in personal injury, financial loss, or the initiation of judicial proceedings. It does not apply to law enforcement officers performing their official duties. Under existing law, unchanged by the act, criminal impersonation is a class A misdemeanor.

S.B. 254
Failed Joint Favorable deadline 3/17/11
Requires lending institutions that inadequately safeguard a person's personal identifying information to provide lifetime credit file monitoring to such person in the event such information is lost or stolen.

S.B. 958
Signed by governor 7/13/11, Public Act 11-165
This act expands the type of conduct that constitutes an identity theft crime. Under prior law, this crime involved knowingly using another person's personal identifying information to obtain or attempt to obtain, in the person's name and without his or her consent, money, credit, goods, services, property, or medical information. The act removes the requirement that the perpetrator must use the person's name for the action to constitute a crime. By law, identity theft is a class B, C, or D felony depending on the value of the property involved and age of the victim.

Delaware
none
District of Columbia
none
Florida

S.B. 116
Died in committee 5/7/11
Requires lenders or creditors to verify the identity of persons applying for a loan, credit card, or extension of credit. Provides that the knowing and willful use of personal identifying information of another individual creates a rebuttable presumption. Provides for the forfeiture of the right to collect an indebtedness for failure to verify an applicant's identity.

S.B. 1798
Died in committee 5/7/11
Amends provisions relating to crashes involving death or personal injuries, driving under the influence, unlicensed purchase, sale, or harvest of seafood, violations involving horsemeat, acting as an insurer without a certificate of authority, possession of a weapon during the commission of certain offenses, criminal use of personal identification information, intentionally defective workmanship, and controlled substance violations, respectively, deleting mandatory minimum sentences.

Georgia

H.B. 87
Signed by governor 5/13/11, Act 252
Provide for the offense of aggravated identity fraud: A person commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment.

S.B. 19
Vetoed by governor 5/13/11
Adds medical identity fraud to the provisions relating to identity fraud.

Guam
not available
Hawaii

H.B. 248
Establishes mandatory minimum terms for certain offenses, including identity theft, committed against persons 60 years of age or older.

H.B. 349
Changes the mandatory minimum sentencing of repeat offenders from mandatory to discretionary, includes identity theft.

H.B. 618
Passed House 3/8/11
Makes the use of another person's name or persona to create a web page on or to post one or more messages on a commercial social networking site, without the permission of the other person, and with the intent to harm, defraud, intimidate, or threaten any person, a misdemeanor. Makes the repeated commission of this offense a class C felony. Provides that harassment by impersonation, if committed with the intent to solicit a response by emergency services personnel, is a class C felony.

H.B. 1155
Vetoed by governor 7/12/11
Specifies class A and B felonies that require mandatory minimum prison terms under the repeat offender statute. Reinstates, adds, and deletes certain class C felonies that require the mandatory minimum prison terms under the repeat offender statute.

H.B. 1220
H.B. 1337
S.B. 728
Provides a private cause of action for a victim who, as a result of an information security breach, suffers a risk of harm from identity theft. Amends the type of notice that must be given to a person affected by a security breach. Defines identity theft.

H.C.R. 72
Requests a comprehensive study on the results and impact of Act 10, Session Laws of Hawaii 2008, as well as other information security proposals.

S.B. 305
Short form bill title relating to identity theft.

S.B. 1023
Establishes mandatory minimum terms for certain offenses, including identity theft, committed against persons 60 years of age or older.

S.B. 1536
Authorizes the court to expunge traffic records for moving violations that were created under the wrong person's name when the person responsible for the record gave false information to the officer issuing the notice of violation.

S.C.R. 31
Requests a comprehensive study on the results and impact of Act 10, Session Laws of Hawaii 2008, as well as other information security proposals.

Idaho
none
Illinois

H.B. 1187
Amends the Illinois Income Tax Act. Creates a deduction for individual taxpayers in an amount equal to 10 percent of the amount of expenditures by the taxpayer for equipment placed in service during the taxable year for the purpose of preventing identity theft, but not to exceed $100 per article of equipment.

H.B. 1449
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.

S.B. 64
Signed by governor 7/28/11, Public Act 97-0219
Amends the Criminal Code of 1961. Provides that in addition to other violations, a person commits a false personation when he or she knowingly and falsely represents himself or herself to be: (1) another actual person and does an act in such assumed character with intent to intimidate, threaten, injure, defraud, or to obtain a benefit from another; or (2) a representative of an actual person or organization and does an act in such false capacity with intent to obtain a benefit or to injure or defraud another. Provides that a violation may be accomplished in person or by any means of communication, including but not limited to the use of an Internet website or any form of electronic communication. Provides that the trier of fact may infer that a person falsely represents himself or herself to be a public officer or a public employee or an official or employee of the federal government if the person: (1) wears or displays without authority any uniform, badge, insignia, or facsimile thereof by which a public officer or public employee or official or employee of the federal government is lawfully distinguished; or (2) falsely expresses by word or action that he or she is a public officer or public employee or official or employee of the federal government and is acting with approval or authority of a public agency or department.

S.B. 151
Signed by governor 8/15/11, Public Act 97-0388
Amends the Criminal Code of 1961. Provides that a person commits identity theft when he or she knowingly uses, possesses, or transfers a radio frequency identification device capable of obtaining or processing personal identifying information from a radio frequency identification (RFID) tag or transponder with knowledge that the device will be used by the person or another to commit a felony violation of State law or any violation of the Identity Theft Law. Provides that, in addition to other elements of the offense, aggravated identity theft consists of the proscribed conduct. Establishes penalties.

S.B. 1228
Signed by governor 8/26/11, Public Act 97-0597
Amends the Criminal Code; relates to theft, scienter and inferences; relates to communications devices, vending machines, money changers, communications services and providers, financial transaction devices, electronic funds transfer cards, credit cards, personal identification documents, library cards, unlawful communication devices, passwords, motor fuel, persons with disabilities, driver licenses, social security numbers, utilities, store scanners and theft detection device removers.

Indiana

H.B. 1530
Amends provides regarding identity theft to include obtaining, possessing, transferring, or using the synthetic identifying information of another person with intent to: (A) commit terrorism; or (B) obtain or transport a weapon of mass destruction.

S.B. 392
Provides additional situations in which a court may expunge arrest records, and establishes certain procedures concerning expungement. Provides that law enforcement agencies may not release a limited criminal history to noncriminal justice agencies if 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.

S.B. 561
Passed Senate 2/22/11
Amends provides regarding identity theft to include obtaining, possessing, transferring, or using the synthetic identifying information of another person with intent to: (A) commit terrorism; or (B) obtain or transport a weapon of mass destruction.

Iowa

H.F. 283
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.

H.F. 627
This bill relates to termination of parental rights and identification information by requiring certain identity documents to be provided to children upon entry of a court order for termination of parental rights and establishing an identity theft crime for persons whose parental rights have been terminated. The identity documents requirement is inserted as part of the definition of “case permanency plan” in Code §232.2, that is required by federal law and applicable to children in a court-ordered out-of-home placement. Under current law, on or before a child in such a placement reaches age 18, the department of human services or a departmental designee is required to provide to the child a certified copy of the child’s birth certificate and to facilitate securing a federal Social Security card. Code §715A.8, relating to the crime of identity theft, is amended to provide that a person whose parental rights with respect to a child have been terminated under Code §232.117 who at any time fraudulently uses or attempts to fraudulently use the child’s identification information with the intent to obtain credit, property, services, or other benefit, commits the offense of identity theft. This crime is an unlawful practice under Code §714.16, relating to consumer frauds, and may be punished with civil penalties ordered by the court. The victim of the identity theft may also bring a civil action under Code §714.16B for damages, recovery of costs, and punitive damages.

Kansas

H.B. 2008
Signed by governor 4/8/11, Chapter 37
Provides that the penalty for identity theft, identity fraud, and attempt or conspiracy to commit those crimes would be presumptive imprisonment when the person being sentenced has a prior conviction of identity theft, identity fraud, or attempt or conspiracy to commit those crimes.

H.B. 2010
Signed by governor 5/19/11, Chapter 90
Provides for forfeiture in identity theft cases.

H.B. 2115
Provides for forfeiture in identity theft cases.

H.B. 2372
Amends provisions regarding the classification of identity theft crimes.

S.B. 55
Signed by governor 5/25/11, Chapter 100
Creates or amends law relating to search warrants and interception orders for electronic communication information, search incident to arrest, the crimes of harassment by telecommunications device and sexual exploitation of a child, required factors in determining conditions of release, employment of city and county prisoners, relief from firearm prohibitions for a person adjudicated mentally ill, expunged records, grand juries, direct appeals to the Supreme Court, community corrections, house arrest, arrest expungement fees, DUI offender house arrest and work release, and the forfeiture of appearance bonds.

Kentucky
none
Louisiana
none
Maine
none
Maryland

H.B. 408
Signed by governor 4/12/11, Chapter 71
S.B. 500
Signed by governor 4/12/11, Chapter 70
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 provides penalties for a violation of the Act.

H.B. 454
S.B. 97
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 specified state's attorneys 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. 752
Signed by governor 5/10/11, Chapter 358
Prohibits programs developed for Maryland Correctional Enterprises from allowing inmates to have access to specified personal information.

H.B. 1316
S.B. 411
Passed Senate 3/11/11
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 property; establishes a deadline for filing a complaint seeking forfeiture.

Massachusetts

H.B. 118
Repeals provisions regarding identity fraud and consumer report security freezes.

H.B. 126
Provides for identity fraud, consumer report security freezes, data breaches and Social Security number regulation.

H.B. 2207
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. Provides that 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. 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. 2823
Provides that whoever is in unlawful possession of an identity scanning device when he or she possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving accessing a person's financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code, personal identification number, mother's maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense 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.

S.B. 91
Creates a division of privacy protection within the office of consumer affairs and business regulation. Notwithstanding any general or special law to the contrary, the director of consumer affairs and business regulation, in consultation with the attorney general, shall create a centralized repository to log complaints of identity fraud, refer processed complaints to local law enforcement officials, and adopt rules and regulations regarding topics which may include, but not be limited to, the intake, investigation and prosecution of identity fraud, consistent with this section and designed to benefit consumers. The director of consumer affairs and business regulation, in consultation with the attorney general, shall collect data from local police departments regarding identity fraud regarding topics which may include, but not be limited to, the intake, investigation and prosecution of identity fraud, consistent with this section and designed to benefit consumers. Provides that if the identity theft crime is reported in a jurisdiction other than where the victim resides, the local law enforcement agency receiving the report shall refer the matter to the law enforcement agency where the victim resides. Upon receipt of the police incident report, the local enforcement agency shall begin an investigation of the facts. The investigation shall remain open until the perpetrator is apprehended.

S.B. 869
Protects the Commonwealth's residents from identity theft; includes identity theft passports.

S.B. 902
Relates to identity theft jurisdiction.

Michigan
none
Minnesota

H.F. 152
S.F. 108
Creates the crime of criminal possession or sale of identification documents.

H.F. 343
S.F. 227
Enhances enforcement capability for identity theft and other fraudulent activities conducted electronically.

Mississippi

H.B. 298
Died in committee 2/1/11
Amends §97-19-85 to revise penalties for the fraudulent use of the identity of another.

H.B. 552
Signed by governor 3/11/11, Chapter 340
Creates the offense of online impersonation and provides for penalties.

H.B. 932
Passed House 2/9/11
Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged.

H.B. 1293
Died in committee 2/1/11
Amends §97-45-19 to include damage to a person's identity by fraud in the offense of identity theft.

Missouri

H.B. 941
This bill increases the penalty for identity theft or attempted identity theft which does not result in the theft or appropriation of credit, money, goods, services, or other property from a class B misdemeanor to a class D felony and increases the penalty for identity theft which results in the theft or appropriation of credit, money, goods, services, or other property not exceeding $500 in value from a class A misdemeanor to a class D felony. The penalty for anyone who has previously pled guilty to or been found guilty of one of these crimes is increased from a class D felony to a class C felony.

S.B. 363
Provides that the Department of Corrections shall not accept for commitment in its prisons any offender who pleads guilty to or is found guilty of a Class D felony unless such person has been found guilty of or pleaded guilty to at least two prior felonies. Nor shall the department accept for commitment any offender who pleads guilty to or is found guilty of certain Class C felonies, including passing bad checks, check kiting, forgery, identity theft and certain other offenses, unless such person has at least one prior felony.

Montana
none
Nebraska
none
Nevada

A.B. 83
Signed by governor 5/12/11, Chapter 31
Existing law requires that an indictment be found or an information or complaint be filed within 3 years after the commission of an offense relating to identity theft which is punishable as a felony. (NRS 171.085, 205.461-205.4657) This bill provides an exception for victims of such an offense who are less than 18 years of age at the time of the commission of the offense, specifying that an indictment must be found or an information or complaint must be filed within four years after the time the victim discovers or reasonably should have discovered that the offense was committed.

New Hampshire
none
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
Passed Assembly 3/14/11
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.

A.B. 3740
This bill amends N.J.S.2C:21-17 to clarify that it is a crime to use another person’s personal identifying information even when the actor does not know that the information pertains to another person. Although it is currently a crime for anyone to obtain any personal identifying information pertaining to another person and use that information with the purpose to fraudulently obtain or attempt to obtain a benefit or services, or avoid the payment of debt or other legal obligation, it is not clear whether this statute applies to offenders who coincidentally use another person’s personal identifying information for fraudulent purposes by supplying information chosen at random. In light of recent judicial decisions from other jurisdictions finding that, under certain circumstances, the use of a false Social Security number is not a crime, the sponsor wishes to clarify that any such activity constitutes a punishable offense in New Jersey. Social Security numbers are included in the definition of “personal identifying information” in N.J.S.A.2C:20-1. False Social Security numbers may be used to obtain credit or as documentation to obtain employment. An imposter may choose nine digits at random or purchase a false number from a “broker.” When this number belongs to another person, that person’s credit may be adversely affected or the person may be charged with offenses committed by the imposter. This bill clarifies that it a crime to use the personal identifying information of another, including a Social Security number, even when that information is chosen at random. Although it would still be a crime to deliberately obtain and use such information, the use of false personal identifying information that coincidentally belongs to another person would be penalized to the same degree.

New Mexico

S.B. 389
Provides for the expungement of records upon identity theft or wrongful arrest, indictment or charge.

New York

A.B. 232
Passed Assembly 6/6/11
S.B. 979
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, counterfeiting, check and 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. 1050
Enacting clause stricken 5/12/11
S.B. 648
Adds medical and health insurance information within the definitions of identity theft.

A.B. 1156
Enacting clause stricken 5/12/11
S.B. 529
Includes identity theft as part of definition of pattern of criminal offense.

A.B. 2072
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. 2752
Increases the penalties for criminal impersonation in the first degree from a class E felony to a class D felony; increases the penalty for criminal impersonation in the second degree from a class A misdemeanor to a class E felony.

A.B. 2964
Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft.

A.B. 3838
Enacting clause stricken 7/11/11
Relates to offenses involving thefts of identity.

A.B. 4026
S.B. 1468
Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request.

A.B. 4759
Enacting clause stricken 4/20/11
S.B. 1656
Creates the crime of identity theft in the fourth degree; provides that such crime shall be a class A misdemeanor.

A.B. 4895
Establishes the offenses of cyber assault in the first and second degrees and cyber impersonation in the first and second degrees.

A.B. 4916
S.B. 3128
Makes identity theft against a person age 65 or older a class D felony.

A.B. 5299
Relates to identity theft; petitions for determination of factual innocence, issuance of identity theft passports and identity theft credit reports.

A.B. 5440
S.B. 885
Passed Senate 2/7/11
Expands geographical jurisdiction for crimes attendant to identity theft or the unlawful possession of personal information.

A.B. 6090
Enacting clause stricken 5/12/11
Relates to the identity theft protection services.

A.B. 6529
Establishes the crimes of unlawful sale of personal identifying information.

A.B. 8375
Prohibits prison inmates from accessing, collecting or performing data processing of personal identifying information pertaining to New York state residents.

A.B. 8376
Relates to identity theft protection services.

A.B. 8646
Relates to offenses involving thefts of identity.

S.B. 737
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. 1701
Increases the penalties for identity theft crimes.

S.B. 2117
Relates to identity theft prevention; requires business organizations to develop and implement information security plans to safeguard personal information collected and retained for the purposes of employment or the provision of goods or services.

North Carolina
none
North Dakota
none
Ohio

H.B. 86
Signed by governor 6/29/11, Session Law 29
Increases from $500 to $1,000 the threshold amount for determining increased penalties for theft-related offenses, including identity theft. Prohibits a court from ordering a statutory change of name for a person convicted of identity fraud or having a duty to register under the SORN Law.

S.B. 10
Increases from $500 to $1,000 the threshold amount for determining increased penalties for theft-related offenses, including identity theft.

S.B. 76
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.

Oklahoma
none
Oregon

S.B. 402
Modifies definition of 'previous conviction' and 'prior conviction' for purposes of certain criminal statutes when person is under 18 years of age at time crime is committed. Requires Oregon Criminal Justice Commission to modify method of calculating person's criminal history, for purposes of sentencing guidelines grid of commission, when person is under 18 years of age at time crime is committed.

S.B. 416
Authorizes court to impose probation with intensive supervision under certain circumstances when person is convicted of certain drug or property crimes. Authorizes Oregon Criminal Justice Commission to make grants to counties in order to provide services to certain offenders sentenced to high-level probation or certain offenders on parole or post-prison supervision. Appropriates moneys from the general fund to the commission for grants.

Pennsylvania

H.B. 217
Amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for identity theft verification passport.

H.B. 1008
Amends the Fair Credit Extension Uniformity Act; requires creditors to verify the identity of consumers who owe debts; provides for unfair and deceptive acts and practices.

S.B. 350
Establishes the Identity Theft Prevention and Restoration Program.

Puerto Rico
none
Rhode Island

H.B. 5043
The directors of each department and state agency in the executive department shall attempt to notify any person whose identity was stolen or otherwise improperly used by any person in order to receive any benefit, including, but not limited to, child care, health care, any government issued identification card, including driver’s license and non-driver’s license identification, welfare or employment.

S.B. 337
The directors of each department and state agency in the executive department shall attempt to notify any person whose identity was stolen or otherwise improperly used by any person in order to receive any benefit, including, but not limited to, child care, health care, any government issued identification card, including driver’s license and non-driver’s license identification, welfare or employment.

South Carolina

H.B. 3316
Redesignates the existing sections of Chapter 20, Title 37 as Article 1 entitled "identity theft."

H.B. 3686
Redesignates the existing sections of Chapter 20, Title 37 as Article 1 entitled "identity theft."

South Dakota
none
Tennessee

H.B. 151
Signed by governor 5/27/11, Public Chapter 299
S.B. 254
Substituted 5/16/11
Provides that venue and territorial jurisdiction for the offense of identity theft may be where the victim resides or is located.

Texas

H.B. 1215
Signed by governor 5/27/11, Chapter 260
Amends the Penal Code to create the offense of unauthorized acquisition or transfer of certain financial information. The bill makes it a Class B misdemeanor for a person to obtain the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information, knowing that the person is not entitled to obtain or possess the financial information. The bill also makes it a Class A misdemeanor for a person, knowing that the person is not entitled to obtain or possess the information, to transfer to a third party information obtained in that manner. The bill amends the Code of Criminal Procedure to establish reporting requirements relating to an alleged violation of unauthorized acquisition or transfer of certain financial information and to establish venue for the prosecution of such an offense.

H.B. 1529
Signed by governor 6/17/11, Chapter 276
S.B. 1112
Amends provisions of the Penal Code relating to the offense of fraudulent use or possession of identifying information to clarify that identifying information includes a person's name and date of birth together, whether used alone or in conjunction with other information, and also includes a person's Social Security number or other government-issued identification number, whether used alone or in conjunction with other information.

H.B. 2170
Signed by governor 6/17/11, Chapter 791
S.B. 1637
Amends the Family Code to establish state policy for each child in foster care to be informed of the child's rights provided by the state or federal law or policy outlined in the foster children's bill of rights. The bill sets out provisions relating to distribution of the bill of rights and related information to children by the Department of Family and Protective Services and applicable facilities, a child's written acknowledgment of understanding the bill of rights, educating foster children about the bill of rights, and the development and implementation of a policy for receiving and handling reports that the rights of foster children are not being observed.

H.B. 2256
Signed by governor 6/17/11, Chapter 796
Amends the Government Code to authorize the Department of Public Safety (DPS) to abate or defer a mandatory suspension or revocation of a license, certificate, permit, or other authorization issued by DPS if the license holder presents acceptable evidence that the license holder is the victim of identity theft and that the person against whom a criminal complaint for fraudulently using or possessing identifying information has been filed, and not the license holder, engaged in the act or omission that mandates the suspension or revocation.

H.B. 2377
S.B. 1169
Signed by governor 6/17/11, Chapter 1081
Amends Occupations Code provisions relating to the regulation of providers, administrators, and sellers of service contracts and identity recovery service contracts to prohibit a provider or administrator of such contracts sold or issued in Texas from contracting with or using the services of a person to perform an activity that requires registration with the Texas Department of Licensing and Regulation unless that person is appropriately registered. The bill expands the disciplinary actions available to the department, the executive director, and the Texas Commission of Licensing and Regulation for noncompliance with these regulatory provisions and expands remedies available to service contract holders and identity recovery service contract holders. Senate Bill 1169 revises provisions relating to the funded reserve account option for meeting the financial security requirements of a provider of service contracts or identity recovery service contracts to provide that deposits to the account consist of a statutory deposit of cash, a letter of credit, or a certificate of deposit and to increase the minimum amount of the reserve account. The bill removes as options for allowable security deposits to the account a surety bond, securities, a statutory deposit of cash equivalents, and another form of security allowed under commission rule. The bill sets out procedures relating to the transition following the implementation of such financial security provisions. The bill sets out provisions relating to the distribution of provider funds held in trust in the event of a provider's bankruptcy or a similar event affecting the provider's ability to perform its obligations to its contract holders. Senate Bill 1169 sets out provisions authorizing a provider to employ or contract for the sale or marketing of service contracts or identity recovery service contracts and relating to cancellation of a contract by a contract holder or provider. The bill prohibits false, deceptive, or misleading statements, or an omitted statement if the omission would be considered misleading, in any written material of a provider; the purchase of a service contract or identity recovery service contract as a condition of certain loans or the sale of property; and certain telemarketing calls to a consumer.

H.B. 2397
S.B. 841
Passed House 5/25/11
Relates to the prosecution of and punishment for the offense of breach of computer security.

H.B. 3206
The bill expands the definition of exploitation to include the act of taking or using an elderly or disabled person's identifying information by any person for personal advantage without the informed consent of the elderly or disabled person.

S.R. 616
Adopted 3/24/11
Recognizes March of 2011, as Child Identity Theft Protection and Awareness Month.

Utah

H.B. 116
Signed by governor 3/15/11, Chapter 18
This bill modifies general government provisions to address issues related to immigration and aliens; creates the Identity Theft Restricted Account from which victims of identity theft may be paid actual damages.

H.B. 168
Signed by governor 3/18/11, Chapter 57
This bill modifies the Utah Workforce Services Code relating to the suspected misuse of personal identifying information. This bill: provides definitions; includes in the definition of "suspected misuse of personal identifying information" reported wages exceeding $1,000 for a single reporting quarter for an individual under the age of 18, rather than the current age of younger than 16; and authorizes the Department of Workforce Services to notify the owner of personal identifying information or provide information to an appropriate law enforcement agency responsible for investigating an identity fraud violation if an individual younger than 18 years of age or the parent or guardian of the individual has enrolled the individual in the child identity protection plan or is in the process of enrolling the person.

H.C.R. 1
Signed by governor 3/21/11
This resolution: urges the United States Congress to require federal agencies to report the misuse of Social Security numbers to the victims, the appropriate law enforcement agencies, and the Department of Homeland Security; urges the United States Congress to require federal agencies to assist the victims of child identity theft in recovering their identities, including issuing new Social Security numbers, when appropriate; and urges the United States Congress to require federal agencies to stop issuing Social Security numbers to children and other individuals when those numbers are already being used unlawfully.

S.B. 60
Enacting clause struck 3/10/11
This bill modifies public safety, labor, and criminal provisions to address issues related to accountability permits and providing identifying information; directs the Fraudulent Documents Identification Unit to administer a new Identity Theft Victims Restricted Account.

S.B. 288
Enacting clause struck 3/10/11
This bill modifies general government provisions to address issues related to immigration and aliens; creates the Identity Theft Restricted Account from which victims of identity theft may be paid actual damages.

Vermont
none
Virginia

H.B. 1714
Signed by governor 3/26/11, Chapter 619
Makes the issuance of an Identity Theft Passport under certain conditions discretionary with the Office of the Attorney General, rather than mandatory. The bill also provides that the provisions of the Government Data Collection and Dissemination Practices Act denying the right of a government agency to require the disclosure of a Social Security number do not apply to the Code provisions that provide for issuance of an Identity Theft Passport.

H.B. 1810
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.

Washington

H.B. 1145
Signed by governor 4/27/11, Chapter 164
S.B. 5060
Creates the crimes of mail theft and possession of stolen mail.

West Virginia

H.B. 2291
Amends the crime of identity theft to provide that it is a felony if a person commits the crime with the intent to commit any other crime.

H.B. 2713
S.B. 223
Adds a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6, §61-14-7 and §61-14-8, all relating to civil and criminal forfeiture actions related to criminal activity; establishes general rules for civil forfeiture proceedings; civil proceedings pertaining to property and assets used in, acquired, gained or flowing from various criminal fraudulent activities; provides definitions; statement of purpose of forfeitures for certain offenses of fraud; property subject to forfeiture; provisional title to property subject to forfeiture; seizure of property; seizure and disposition of forfeited and other property; interference with or diminishing forfeitable property; provides right to trial by jury; care of property in law-enforcement custody; sale of forfeited property, application of proceeds and forfeiture funds; and provides exceptions.

H.B. 3044
Passed House 3/2/11
Adds a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6, §61-14-7, §61-14-8 and §61-14-9 all relating to civil forfeiture actions related to criminal activity; provides for the civil forfeiture of property and assets used in, acquired by, or gained or flowing from various criminal fraudulent activities; provides definitions; subjects certain property to forfeiture; provides procedures for seizure of forfeitable property; establishes rules and procedures for civil forfeiture proceedings involving crimes of fraud; provides for seizure and disposition of forfeited property; provides notice requirements; provides for care of forfeitable property in law-enforcement custody; provides for proportionality and innocent owner defenses; limits forfeiture of property purchased by bona fide purchasers; provides for payment of liens in certain circumstances; provides for resale and disposition of forfeited property; disposes of proceeds and forfeiture funds; provides that dismissal of criminal charges vacates forfeiture orders; and provides exceptions.

Wisconsin

S.B. 283
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

H.B. 216
Indefinitely postponed 2/3/11
Increases maximum penalty for misdemeanors as specified, including identity theft.

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