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Identity Theft 2013 Legislation

Identity Theft State Legislation 2013

Heather Morton 2/19/2014

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Photo of money taken from a seniorIdentity theft occurs when someone uses another person's 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. Identity theft continues to generate the most complaints with the Federal Trade Commission.

in 2013, 37 states introduced legislation regarding identity theft. Thirty-six bills in 23 states were enacted. Highlights of the enacted legislation include: Colorado added an additional process in which a victim of identity theft may pursue a records challenge with the state Bureau of Investigation. Florida enacted legislation that provides that it is unlawful for person to intentionally or knowingly possess, without authorization, any personal identification information of another person. Georgia clarified that medical identity fraud is included in the state's identity fraud definition. Kansas amended the definition of the crime of identity theft to include obtaining, possessing, transferring, using, selling, or purchasing any personal identifying information, or document containing the same, belonging to or issued to another person with intent to misrepresent that person in order to subject that person to economic or bodily harm. Maryland prohibited a person from knowingly and willfully possessing, obtaining, or helping another to possess or obtain personal identifying information with fraudulent intent to access health information or health care. Oregon included a business entity in the definition of a person whose personal identification may be subject to the crime of identity theft. South Carolina broadened the scope of financial identity fraud and revises the definition of "personal identifying information." Utah added a photograph or realistic likeness to the list of personal identifying information that a person may use to commit identity fraud. Virginia raised the punishment for identity theft where five or more persons' identifying information have been obtained, recorded, or accessed in the same transaction or occurrence from a Class 6 to a Class 5 felony and raised the punishment for identity theft where 50 or more persons' identifying information have been obtained, recorded, or accessed in the same transaction or occurrence from a Class 5 to a Class 4 felony. A violation resulting in the arrest and detention of the victim increased from a Class 6 to a Class 5 felony.

Colorado, Connecticut and Nevada require that children in foster care be given a copy of their credit report.


 
AZCA | CO | CT | DE | FL | GA | HIID | ILIN | IAKS | ME | MD | MA | MI | MNMS | MO | MTNVNJ | NM | NY | ND | OK | OR | PA | RI | SC | SDTN | TX | UTVA | WI
 
STATES
BILL SUMMARY
Alabama
none
Alaska
none
Arizona
H.B. 2004
Creates the offense of online impersonation.
Arkansas
none
California

A.B. 908

Signed by governor 10/4/13, Chapter 553

This bill requires the director of Employment Development to permit the use of any information in his or her possession to provide any peace officer with the Investigations Division of the Department of Motor Vehicles information when the requesting peace officer has been designated by the chief of Investigations Division and requests this information in the course of an investigation into identity theft, counterfeiting, document fraud, or consumer fraud, as provided.

S.B. 803
Existing law establishes offenses involving falsifying documents, elder abuse, forgery, grand theft, identity theft, and mortgage fraud, among others. Existing law requires a court to order defendants convicted of any crime to pay restitution to the victim or victims as well as a restitution fine, as specified, unless the court finds compelling and extraordinary reasons for not imposing the restitution fine, as specified. This bill provides that where a defendant is convicted of any of those offenses, or any other offense, in which an instrument affecting the right, title, or interest in real property was forged or false, and where the instrument was filed, registered, or recorded, as specified, the prosecuting attorney or the judge may make a motion for a noticed hearing to adjudge the instrument void, and to order restitution for an affected person. The bill authorizes a person who claims an interest in the affected property to file a claim, as specified, in connection with the motion. The bill also authorizes a person who claims an interest in the property to, in the alternative, file a quiet title action for the affected property. The bill authorizes the court, in its discretion, to stay a decision on the motion until resolution of the quiet title action.
Colorado
H.B. 1146
Signed by governor 3/15/13, Chapter 43
Adds an additional process in which a victim of identity theft may pursue a records challenge with the state Bureau of Investigation; provides the bureau, if the records challenge is successful, will issue such victim a letter of misidentification; modifies the victim's law enforcement-only and public criminal record accordingly; provides the court considers victim's restitution, it must include costs associated with the records challenge.
S.B. 47
Signed by governor 5/28/13, Chapter 359
Requires that each youth in foster care who is at least 16 shall obtain or receive a free annual credit report.
Connecticut
H.B. 6346
Signed by governor 5/28/13, Public Act 13-40
This bill requires (a) the Department of Children and Families to provide a copy of a foster youth's credit report to his or her attorney or guardian ad litem (GAL) and (b) the attorney or GAL, if feasible, to review the report for identity theft evidence and, in conjunction with DCF, help the youth interpret and resolve any inaccuracies.
S.B. 526
Failed Joint Favorable deadline 3/14/13
Provides that no bank or credit union, as defined in §36a-2 of the general statutes, shall deny a customer who is the victim of identity theft, as defined in §53a-129a of the general statutes, access to such customer's account funds, provided the bank or credit union is restricting access to account funds solely on the basis of such identity theft.
Delaware
H.B. 64
Signed by governor 6/19/13, Chapter 43
This bill allows parents to "freeze" their minor children’s credit at any time to protect them from identity theft. This bill also allows for credit to be frozen for an incapacitated person by their guardian.
District of Columbia
none
Florida
H.B. 691
Signed by governor 6/28/13, Chapter 242
Defines "personal identification information"; provides that it is unlawful for person to intentionally or knowingly possess, without authorization, any personal identification information of another person; provides penalties; provides that possession of identification information of multiple individuals gives rise to inference of illegality; provides enhanced criminal penalties for possession of such information of multiple persons; provides exemptions; creates affirmative defensives; provides that act does not preclude prosecution for unlawful possession of personal identification information of another person under any other law.
S.B. 840
Died in committee 5/3/13
Deletes the requirement that a person who willfully and without authorization possesses personal identification information concerning an individual without first obtaining that individual’s consent has an intent to fraudulently use the information in order to commit a specified violation and provides criminal penalties.
Georgia
S.B. 170
Signed by governor 5/7/13, Act 334
Relates to identity fraud, so as to clarify that medical identity fraud is included in identity fraud; provides for definitions.
Guam
not available
Hawaii
H.B. 712
Authorizes the parent or legal guardian of a minor child to place a security freeze on the minor child's credit report.
Idaho
H.B. 3
Signed by governor 3/12/13, Chapter 3
Adds 63-3077F to provide that the state tax commission may release certain tax information in cases of identity theft.
Illinois
H.B. 1131
Amends the Criminal Code of 2012. Makes a technical change in a section concerning non-defenses to charges of identity theft and aggravated identity theft.

H.B. 3380

Signed by governor 8/16/13, Public Act 98-0486

Provides that a guardian of a disabled person appointed under the Guardians for Disabled Adults Article of the Probate Act of 1975 or a parent or guardian of a minor may request that a consumer reporting agency place a security freeze on the credit report of the disabled person or minor by sending a request to the consumer reporting agency.

Indiana
H.B. 1006
Signed by governor 5/6/13, Public Law 158
Makes various changes to the criminal code, including changes to the law concerning community corrections, probation, sentencing, probation funding, drug and alcohol program funding, involuntary manslaughter, communicable disease crimes, battery, hazing, obstruction of traffic crimes, interference with medical services crimes, kidnapping, confinement, criminal mischief, railroad mischief, computer crimes, theft, deception and fraud crimes, timber spiking, offenses against general public administration, criminal gang activity crimes, stalking, offenses against public health, child care provider crimes, weapon crimes, drug crimes, protection zones, and rape.
H.B. 1236
Makes it identity deception, a Class D felony, for a person to obtain, possess, transfer, or use the identifying information of another person, including the identifying information of a person who is deceased: (1) without the other person's consent; and (2) with intent to intimidate or threaten another person. Makes it synthetic identity deception, a Class D felony, for a person to obtain, possess, transfer, or use synthetic identifying information with intent to intimidate or threaten another person.
S.B. 34
Specifies that all state agencies shall cooperate with the Department of State Revenue (department) in tax administration by providing, at no charge to the department, relevant information that the department requests, including monthly reports identifying the use of a fraudulent identity. Requires the Department of Correction to provide annually an electronic file listing the name and Social Security number of each individual under the jurisdiction of the Department of Correction. Requires the state Department of Health to provide annually an electronic file listing the name of each individual for whom an Indiana death certificate was issued during the last year. Specifies that an individual adjusted gross income tax deduction or credit that is based on an individual exemption under the Internal Revenue Code, other than exemptions for the taxpayer and the taxpayer's spouse, is not allowed if the individual: (1) is a resident alien who has come to, entered, or remained in the United States in violation of the law; or (2) is not a citizen of the United States and not a resident of the United States. Requires, for purposes of claiming an income tax deduction for a dependent, that the taxpayer provide either: (1) the Social Security number of the dependent; or (2) an individual taxpayer identification number, if a dependent is not eligible for a Social Security number or is a dependent of a taxpayer who is exempt from obtaining a Social Security number. Permits the department to request any information the department considers necessary to verify that an individual qualifies for such a deduction or credit. Provides a specific civil penalty if the taxpayer intentionally, knowingly, or recklessly fails to comply with the requirements to establish that the taxpayer is entitled to the dependent deduction. Specifies that the penalty also applies to a professional tax return preparer. Provides that the penalty is an amount equal to the tax that is owed after the dependent deduction is denied.
Iowa
H.F. 409
This bill relates to crime victims, including restitution plan hearings, crime victim compensation, and the identity theft passport program. The bill allows for the issuance of an identity theft passport to a person who is a resident of Iowa who is the subject of identity theft outside of Iowa, in addition to victims of identity theft in Iowa. The bill provides that if a hearing involving the crime victim compensation program is conducted, an employee of the crime victim compensation program of the department of justice or the program’s attorney may participate in the hearing by telephone. The bill includes witnesses in the list of persons and entities who shall receive notice that a petition relating to a plan of restitution has been filed. The bill expands the definition of a “crime” for purposes of the crime victim compensation program to include a violation of Code §715A.8 (identity theft) and the financial exploitation of a person who is 65 or older or who is a dependent adult as defined in Code §235B.2. “Financial exploitation” means the criminal act or process of taking unfair advantage of a person for one’s own personal or pecuniary profit, without the informed consent of the person, including theft, by the use of undue influence, harassment, duress, deception, false representation, false pretenses, forgery, fraudulent practices, or securities fraud. The bill distinguishes two categories of persons who are eligible for compensation for economic losses incurred as a direct result of an injury to or death of a victim: a “homicide victim survivor” (defined in the bill) and a “secondary victim” (defined in Code §915.80). The bill eliminates the discretion in current law allowing the Department of Justice to apportion compensation to two or more dependents entitled to victim compensation in the event of the death of a victim. The bill specifies that a loss of income due to missed work days for various categories of persons who may be awarded crime victim compensation shall be computed based upon the loss of reasonable income. The bill specifies that victim compensation may be awarded to a homicide victim survivor for counseling services. The bill includes an award of compensation for such income for missed work days that the victim, secondary victim, or a homicide victim survivor would have performed where the loss of income is due to attendance at medical or counseling services or funerals, in addition to current law which allows compensation in such cases for attendance at criminal justice proceedings. The bill also includes an award of compensation for reasonable dependent care expenses incurred by a victim, secondary victim, or a homicide survivor due to attendance at funerals. The bill provides that compensation shall not be made to a secondary victim or a homicide victim survivor if the victim is ineligible for compensation. The bill allows moneys from the victim compensation fund to be used to implement the identity theft passport program established by rule pursuant to Code §715A.9A.
H.F. 534
Passed House 3/25/13
H.S.B. 176
Became H.F. 534 3/12/13
This bill relates to the offense of identity theft. The bill provides that persons of specified ages who knowingly take, purchase, manufacture, record, possess, or use identification information, or who attempt to do so, for a designated list of offenses may be considered to have violated the applicable statute or ordinance relating to that offense, but shall not be considered to have committed identify theft under Code §715A.8. The offenses in general relate to underage possession of alcohol, underage entry onto premises where alcohol is served, underage entry onto the premises of a motion picture, underage possession or purchase of tobacco, underage entry onto the premises of a gambling establishment, underage entry onto the premises of any other business establishment with age restrictions attached, and obtaining employment in violation of child labor laws specified in Code chapter 92. The bill additionally states that a violation of the identity theft provisions in Code §715A.8 constitutes a class “D” felony. Currently, the Code section specifies that if the value of credit, property, or services for which identity theft was utilized exceeds $1,000, the violation constitutes a class “D” felony, and if below that amount the violation constitutes an aggravated misdemeanor. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
S.S.B. 1090
This bill relates to the offense of identity theft. The bill provides that persons of specified ages who knowingly take, purchase, manufacture, record, possess, or use identification information, or who attempt to do so, for a designated list of offenses may be considered to have violated the applicable statute or ordinance relating to that offense, but shall not be considered to have committed identify theft under Code §715A.8. The offenses in general relate to underage possession of alcohol, underage entry onto premises where alcohol is served, underage entry onto the premises of a motion picture, underage possession or purchase of tobacco, underage entry onto the premises of a gambling establishment, underage entry onto the premises of any other business establishment with age restrictions attached, and obtaining employment in violation of child labor laws specified in Code chapter 92. The bill additionally states that a violation of the identity theft provisions in Code §715A.8 constitutes a class “D” felony. Currently, the Code section specifies that if the value of credit, property, or services for which identity theft was utilized exceeds $1,000, the violation constitutes a class “D” felony, and if below that amount the violation constitutes an aggravated misdemeanor. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
Kansas
H.B. 2093
Signed by governor 4/16/13, Chapter 96
The bill amends statutes concerning computer crimes and the definitions of the crimes of identity theft and identity fraud. The bill makes it unlawful for any person to knowingly and without authorization to disclose a number, code, password, or other means of access to a social networking website or personal electronic content. It also is unlawful for any person to knowingly and without authorization access or attempt to access any social networking website. Commission of these acts is a class A nonperson misdemeanor. Further, the bill increases the severity level from a level 8, nonperson felony to a level 5, nonperson felony for certain computer crimes where the monetary loss to the victim is more than $100,000. The bill amends the definition of the crime of identity theft to include obtaining, possessing, transferring, using, selling, or purchasing any personal identifying information, or document containing the same, belonging to or issued to another person with intent to misrepresent that person in order to subject that person to economic or bodily harm. Commission of such acts is a severity level 8, nonperson felony, except where monetary loss to the victim is more than $100,000, in which case it will be a severity level 5, nonperson felony. Additionally, the bill amends the definition of “personal identifying information,” which appears in the definitions of identity theft and identity fraud, to include passwords, usernames, or other log-in information that can be used to access a person’s personal electronic content, including, but not limited to, content stored on a social networking website. The bill includes definitions for “personal electronic content” and “social networking website.”
S.B. 47
The bill expands the crime of identity theft as it relates to computers or computer systems. Under current law, it is unlawful for a person to knowingly and without authorization disclose a number, code, password or other means of access to a computer or computer network. Current law also stipulates that it is unlawful to knowingly access or attempt to access any computer, computer system, computer network, computer software, program, documentation, data, or property without authorization. The bill adds social networking websites or personal electronic content to the statutes and classifies the penalty in these cases as a class A nonperson misdemeanor.
Kentucky
none
Louisiana
none
Maine
L.D. 309
This bill directs the attorney general to implement a child identity protection program to safeguard the personal information of minors and prevent identity theft. A parent or guardian may enroll a child in the program to help prevent the unauthorized use of that child's personal identifying information in the issuance of credit. The attorney general may model the program on a similar program in Utah.
Maryland
H.B. 930
Passed House 3/25/13
Prohibits a person from maliciously using an interactive computer service to disclose or assist another person to disclose specified personal identifying information of an individual without the consent of the individual in order to annoy, threaten, embarrass, or harass the individual; and provides penalties for a violation of the Act.
H.B. 942
Signed by governor 5/2/13, Chapter 301
S.B. 624
Signed by governor 5/2/13, Chapter 300
Prohibits a person from knowingly and willfully possessing, obtaining, or helping another to possess or obtain personal identifying information with fraudulent intent to access health information or health care; prohibits a person from using a specified device knowingly, willfully, and with fraudulent intent to access health information or health care; provides penalties for a violation; authorizes a court to order restitution.
H.B. 972
Withdrawn from further consideration 3/20/13
S.B. 567
Prohibits a person from disclosing or helping another person to disclose an individual's personal identifying information without the individual's consent; prohibits a person from possessing, obtaining, disclosing, or helping another person to possess, obtain, or disclose specified information under specified circumstances; and provides penalties for disclosing an individual's personal identifying information without the individual's consent.
H.B. 1125
S.B. 388
Requires the Department of Human Resources to assist a child who has been identified as a victim of identity fraud to apply for an identity theft passport under specified circumstances; and requires the Department of Juvenile Services to assist a child who has been identified as a victim of identity fraud to apply for an identity theft passport under specified circumstances.
H.B. 1297
Signed by governor 5/2/13, Chapter 330
S.B. 897
Signed by governor 5/2/13, Chapter 329
Requires the Department of Human Resources to request a security freeze on the consumer report or a specified record of specified protected consumers who are minor children in the custody of a local Department of Social Services who have been placed in a foster care setting in accordance with specified application procedures; requires a consumer reporting agency to place a security freeze for a protected consumer under specified circumstances and within a specified period of time.
H.B. 1396
Signed by governor 5/2/13, Chapter 415
Alters penalties for a conviction of extortion, malicious destruction of property, obtaining property or services by bad check, credit card fraud, identity fraud, state health plan fraud, and exploitation of a vulnerable adult involving a value at or over $1,000.
H.B. 1492
S.B. 387
Prohibits a person, with fraudulent intent, from knowingly and willfully possessing, obtaining, or helping another to possess or obtain personal identifying information of a specified vulnerable child in order to use, sell, or transfer the information to get a benefit, credit, good, service, or other thing of value in the name of the child; prohibits a person, with fraudulent intent, from knowingly and willfully assuming the identity of a vulnerable child to avoid identification, apprehension, or prosecution for a crime.
Massachusetts
H.B. 85
Provides that each foster child shall have obtained for them by the department, a free credit report, pursuant to the fair credit reporting act, from each of the three major credit bureaus at the time of entry or re-entry into care and annually thereafter, for the time that said child remains in custody of the commonwealth, to determine whether identity theft has occurred and to correct all erroneous entries on said child’s credit record. If the credit report displays other negative or erroneous items, the commonwealth shall provide the necessary services to correct said child’s credit record, including, but not limited to, legal and other advocacy fees. The department shall: (i) provide the child’s attorney with a copy of each credit report within 30 days of obtaining the credit report results; (ii) work with the child’s attorney to notify the district attorney, for the district in which the child resides, no later than 30 days after receipt of the credit report in order to correct any erroneous items; and (iii) make each annual credit report request not later than 60 days after the child’s birthday, or 60 days after the child’s entry or re-entry into custody.
H.B. 298
Increases criminal penalties for the use of the personal identification of another and identity fraud.
S.B. 27
Provides that each foster child shall have obtained for them by the department, a free credit report, pursuant to the fair credit reporting act, from each of the three major credit bureaus at the time of entry or re-entry into care and annually thereafter, for the time that said child remains in custody of the commonwealth, to determine whether identity theft has occurred and to correct all erroneous entries on said child’s credit record. If the credit report displays other negative or erroneous items, the commonwealth shall provide the necessary services to correct said child’s credit record, including, but not limited to, legal and other advocacy fees. The department shall: (i) provide the child’s attorney with a copy of each credit report within 30 days of obtaining the credit report results; (ii) work with the child’s attorney to notify the district attorney, for the district in which the child resides, no later than 30 days after receipt of the credit report in order to correct any erroneous items; and (iii) make each annual credit report request not later than 60 days after the child’s birthday, or 60 days after the child’s entry or re-entry into custody.
S.B. 34
Relates to identity theft protections for foster children.
S.B. 84
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.
S.B. 793
Protects the commonwealth's residents from identity theft.
Michigan

H.B. 174

Signed by governor 12/21/13, Public Act 229

The bill creates the Security Freeze Act, under which a consumer reporting agency would be required to place or remove a security freeze on the credit report of a consumer at the request of the consumer or, in the case of a "protected consumer," at the request of the consumer's authorized representative. A "protected consumer" is defined as a consumer under 16 years of age or an incapacitated person or a protected person for whom a guardian or conservator has been appointed under Article V of the Estates and Protected Individuals Code (EPIC). The representative making a request would have to provide proof of authority and identification.

Minnesota
H.F. 836
Authorizes certain representatives of protected consumers to lift or remove credit freezes.
Mississippi
H.B. 556
Died in committee 2/5/13
Revises penalties for the fraudulent use of the identity of another.
H.B. 598
Died in committee 2/5/13
Amends §97-45-19 to include damage to a person's identity in the offense of identity theft.
H.B. 1505
Died in committee 2/5/13
Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged.
Missouri
H.B. 210
Passed House 5/2/13
This bill changes the laws regarding the Missouri Criminal Code. In its main provisions, the bill: Raises or lowers the financial thresholds for certain offenses regarding tampering with computer equipment, property damage, stealing, alteration or removal of an item, counterfeiting, passing bad checks, fraudulent use of a credit or debit device, identity theft, food stamps, and institutional vandalism.
S.B. 253
Under current law, the classification of a crime involving property damage is often based on the value of the property damage. The values differ throughout the statutes. This act makes such values $750 when they fall within the range of $500 to $1,000. Several other values are modified within the property crimes chapter.
Montana
H.B. 572
Died in committee 4/24/13
Creates the Montana Right to Know Act; provides definitions; requires entities to account for disclosures of information; provides an individual with access to personal information collected by other entities; provides exceptions to disclosure; and provides penalties.
Nebraska
none
Nevada
S.B. 99
Signed by governor 6/1/13, Chapter 323
Relates to child welfare; requires an agency which provides child welfare services to obtain and examine the credit report for certain children in its custody; requires the agency to report each potential instance of identity theft or other crime to the attorney general and make a diligent effort to resolve any inaccuracy in the report.
New Hampshire
none
New Jersey

A.B. 2105

Signed by governor 1/17/14, Chapter 241

S.B. 895

Substituted 1/13/14

Clarifies that criminal impersonation committed by any means, including electronic communications or Internet website, shall be subject to criminal penalties.

A.B. 3005
Passed Assembly 3/21/13
S.B. 1867
Requires debt collectors, in certain circumstances, to cease debt collections against certain victims of identity theft.
A.B. 4173
Prohibits soliciting or phishing for personal identifying information.
New Mexico
H.B. 598
Relates to criminal records; enacts the Criminal Record Expungement Act; codifies authority to expunge a criminal record in identity theft cases.
S.B. 294
Vetoed by governor 4/5/13
Relates to criminal records; enacts the Criminal Record Expungement Act; provides for expungement of arrest records and public records in certain circumstances, including identity theft cases.
New York

A.B. 212

Creates specific computer crimes as well as increasing penalties for crimes committed with the aid of a computer; provides for civil relief in cases of pornography on the internet, and penal sanctions in such cases.

A.B. 607

Relates to identity theft protection services.

A.B. 2249
S.B. 652
Adds medical and health insurance information within the definitions of identity theft.
A.B. 2558
Establishes the offenses of cyber assault in the first and second degrees and cyber impersonation in the first and second degrees.
A.B. 2795
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. 2939
Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft.
A.B. 3121
Relates to identity theft; petitions for determination of factual innocence, issuance of identity theft passports and identity theft credit reports.
A.B. 3819
S.B. 40
Passed Senate 6/20/13
Expands the definition of "criminal act", for purposes of enterprise corruption, to include computer offenses, identity theft, criminal use of an access device and unlawful possession of personal identification information or a skimmer.
A.B. 5165
S.B. 3229
Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request.
A.B. 6931
Passed Assembly 5/30/13
S.B. 2593
Establishes the small business crime prevention services program 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 credit card fraud and other 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. 7400

Signed by governor 12/18/13, Chapter 526

S.B. 5821

Substituted 6/20/13

Adds identity theft, larceny and coercion to those offenses over which criminal and family courts have concurrent jurisdiction when involving family or household members; authorizes a court which issues an order of protection to order the respondent to return certain documents, and credit and debit devices to the protected party.

A.B. 8151

Relates to unlawfully purchasing or selling personal identifying information.

S.B. 218
Passed Senate 6/10/13
Relates to offenses involving thefts of identity.
S.B. 518
Increases the penalties for identity theft crimes.
North Carolina
none
North Dakota
H.B. 1197
Signed by governor 4/10/13, Chapter 105
Relates to identity theft; includes a photograph, computerized image, email address or username and password of any digital service or computer system.
H.B. 1435
Signed by governor 4/18/13, Chapter 106
Relates medical information identity theft; relates to unauthorized use of an operator's license information, financial institution account number, credit card number, debit card number, health insurance policy number, medical information including an individual's medical history, mental or physical condition, medical treatment or diagnosis by a health care professional, non-driver photo identification card or electronic signature.
N. Mariana Islands not available
Ohio
none
Oklahoma
S.B. 370
Relates to acts against children; relates to statute of limitations; clarifies application of certain statute of limitations.
S.B. 922
Relates to identity theft; relates to identity theft incident reports; requires certain law enforcement agencies to share certain information; requires the director of the Department of Public Safety to provide a certain database for a certain purpose.
Oregon
S.B. 141
Signed by governor 5/16/13, Chapter 158
Extends criminal sanctions for signing false documents for filing with the office of secretary of state to all business registry filings. Punishes the crime of signing false document for filing by a maximum of one year's imprisonment, $6,250 fine, or both. Provides that the office of a registered agent for a business entity must be located at a physical street address and may not be a commercial mail receiving agency. Permits the secretary of state to verify that an office location is physical street address. Permits the secretary of state to withdraw document filed with the office of secretary of state if authorized representative of person that submitted document advises office that document was submitted in error. Includes business entity in definition of person whose personal identification may be subject to crime of identity theft.
Pennsylvania
H.B. 585
Amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, provides for identity theft verification passport.

H.B. 714

Signed by governor 11/27/13, Act 97

Amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further provides for the offense of identity theft.

Puerto Rico
none
Rhode Island
H.B. 5570
This act amends various chapters of the general laws to create additional offenses relating to Internet activity, including online impersonation.
S.B. 550
This act amends various chapters of the general laws to create additional offenses relating to Internet activity, including online impersonation.
South Carolina
H.B. 3028
Adds §11-11-240 so as to create the identity theft protection fund to provide identity theft protection for certain taxpayers, and provides that the General Assembly shall appropriate an amount necessary to the fund for the next five fiscal years in the annual general appropriations act.
H.B. 3029
Amends §12-6-1140, relating to deductions from the individual income tax, so as to allow a deduction for costs to purchase identity theft protection.
H.B. 3031
Adds §12-6-3760 so as to provide a refundable tax credit for a taxpayer that sustains an actual loss resulting from identity theft, specifies those taxpayers eligible for the credit and the time periods for which the credit is allowed, and defines terms.
H.B. 3062
Amends §16-13-510, relating to financial identity fraud, so as to revise and broaden the definition of "personal identifying information", defines the term "financial resources", and provides venue for prosecution of an identity fraud offense.
H.B. 3248
Signed by governor 4/23/13, Act 15
Amends §16-13-510, relating to financial identity fraud, so as to broaden the scope of financial identity fraud and revises the definition of "personal identifying information," defines the term "financial resources," provides venue for prosecution of an identity fraud offense, and adds conforming language contained in financial transaction card crime to provide that it is not a defense when some of the acts of the crime did not occur in this state or within a city, county, or local jurisdiction; amends §37-20-130, relating to the initiation of a law enforcement investigation of identity theft, so as to delete the language allowing referral of the matter to the law enforcement agency where the crime was committed for investigation; and amends §39-1-90, relating to breach of certain security and business data and notice to the consumer protection division, so as to revise the definition of "personal identifying information."
H.B. 3305
Adds §12-6-3760 so as to allow a refundable tax credit for costs and expenses incurred by a taxpayer related to purchasing and maintaining identity fraud and theft protection services.
H.B. 3358
Adds §12-4-355 so as to establish in the state treasury the Department of Revenue Identity Theft Reimbursement Fund, provides that proceeds from the fund must be used to reimburse people whose personally identifiable information has been obtained by a third party from a compromised computer system maintained by the state or a political subdivision, and defines necessary terms.
H.B. 3449
Creates the offense of unlawfully acquiring and utilizing a social media user's identity, defines the term "social media service," and provides penalties; and redesignates the existing sections of chapter 20, title 37 as Article 1 entitled "identity theft."
H.B. 3628
Adds §37-20-161, so as to provide for certain measures to safeguard a class of protected consumers from becoming victims of identity theft, allows representatives with sufficient proof of authority to place a preemptive security freeze on protected consumer's credit reports, provides limitations, provides requirements to implement a security freeze, provides for the duration and extent of a security freeze, and provides terms for removal of a security freeze on a protected consumer's credit report or record.

H.B. 3710

Signed by governor with line item veto 6/25/13, Act 101

Makes appropriations and provides revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2013, to regulate the expenditure of such funds, and to further provide for the operation of state government during this fiscal year and for other purposes; appropriates funds for the Identity Theft Reimbursement Fund.

H.B. 3711

Signed by governor with line item veto 6/25/13, Act 104

A joint resolution to appropriate monies from the capital reserve fund for fiscal year 2012-2013, and to allow unexpended funds appropriated to be carried forward to succeeding fiscal years and expended for the same purposes; for the current fiscal year, of the funds appropriated to the Budget and Control Board for Statewide Cyber Security and Consumer Protection, the state shall provide at a minimum, one additional year of identity theft protection and identity theft resolution services to each eligible person, as defined in subsection (D), whose personal financial information was compromised as a result of the Department of Revenue Security Breach of 2012. These services must be free of charge and available on or before October 25, 2013.

H.B. 3723
Adds Article 3 to chapter 20, title 37 so as to entitle the article "Digital Impersonation Prevention Act", defines necessary terms, creates the offense of impersonating another person with the intent to harass or harm through the internet or other electronic means, allows a person to bring a civil action, and provides exceptions; and redesignates the existing sections of chapter 20, title 37 as Article 1 and entitle it "Identity Theft."
S.B. 17
Adds §12-6-3760, to provide that taxpayers may claim up to a $200 refundable tax credit for costs and expenses incurred by the taxpayer related to purchasing and maintaining identity fraud and theft protection services.
S.B. 24
Adds §12-6-3760, to provide that taxpayers may claim a refundable tax credit for costs and expenses incurred by the taxpayer related to purchasing and maintaining identity fraud and theft protection services.
S.B. 26
Adds § 12-4-355 to establish in the state treasury the Department of Revenue Identity Theft Reimbursement Fund, provides that proceeds from the fund must be used to reimburse people whose personally identifiable information has been obtained by a third party from a compromised computer system maintained by the state or a political subdivision, and defines necessary terms.
S.B. 78
Amends §16-13-510, relating to financial identity fraud, so as to revise and broaden the definition of "personal identifying information", defines the term "financial resources", and provides venue for prosecution of an identity fraud offense.
S.B. 148
Passed Senate 4/30/13
Relates to consumer identity theft protection; provides for certain measures to safeguard a class of protected consumers from becoming victims of identity theft; allows representatives, providing sufficient proof of authority; places a preemptive security freeze on protected consumer's credit reports; provides the limitations of this section; provides requirements to implement a security freeze; provides for the duration and extent of a security freeze.
S.B. 157
Amends chapter 20, title 37 of the 1976 code, by adding Article 3, to entitle the article "Caller Identification and Social Media Fraud," creates the offense of unlawfully altering the identification of a caller's number or social media identity, defines necessary terms, and provides a penalty; and redesignates the existing sections of chapter 20, title 37 as Article 1 entitled "Identity Theft."
S.B. 334
Passed Senate 4/16/13
Adds §12-4-352 so as to require the governor to develop a protection plan to minimize the actual and potential costs and effects of identity theft due to the cyber security breach at the Department of Revenue by providing identity theft protection and identity theft resolution services, requires the governor to develop a policy that ensures the safety of all personally identifiable information in the possession of the Department of Revenue, including the encryption of personally identifiable information, sets forth the process by which identity theft protection and resolution services are procured, requires the governor and the Department of Revenue to attempt to make enrollment in these programs as easy as possible, provides that these programs must be free of charge to the eligible persons, and defines terms; adds §12-6-1141, so as to provide an individual income tax deduction for the actual costs, but not exceeding $200 for an individual taxpayer, and not exceeding $300 for a joint return or a return claiming dependents, incurred by a taxpayer in the taxable year to purchase identity theft protection and identity theft resolution services; adds part 7 to chapter 6, title 37 so as to establish within the Department of Consumer Affairs the identity theft unit and to provide its duties; adds chapter 36 to title 1 so as to establish the Department of Information Security, provides that the mission of the Department of Information Security is to protect the state's information and cyber security infrastructure, provides that the director of the Department of Information Security is the chief information security officer of the state and provides the chief information security officer is appointed by the governor, and defines terms, establishes the Technology Investment Council to adopt and annually review a statewide technology plan, provides for the membership of the council, and requires reports; amends §1-3-240, relating to officers that only may be removed by the governor for cause, so as to add the chief information security officer; amends §1-30-10, relating to departments within the executive branch of state government, so as to add the department of information security; and adds chapter 79 to title 2 so as to create the joint information security oversight committee to conduct a continuing study of the laws of this state affecting cyber security, including the receipt of impediments to improved cyber security, and provides for the membership of the committee.
South Dakota
H.B. 1159
Revises certain provisions relating to identity theft and employment.
Tennessee
H.B. 1171
S.B. 1075
Renames the "Tennessee Identity Theft Deterrence Act of 1999" to the "Tennessee Identification and Personal Information Protection Act of 2013"; includes unauthorized transfer of personal information under such act.
Texas
H.B. 1087
The bill amends the Business & Commerce Code to prohibit a protected consumer's record from being created or used to consider the protected consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living for certain credit-related purposes. The bill defines "protected consumer" as an individual who resides in Texas and is younger than 16 years of age at the time a request for the placement of a security freeze on the consumer's record is made and defines "record," with respect to a protected consumer, as a compilation of information identifying a protected consumer created by a consumer reporting agency solely to comply with the bill's provisions. The bill requires a consumer reporting agency to place a security freeze on a protected consumer's consumer file if the agency receives a request from the protected consumer's representative for the placement of the security freeze and the representative submits the request to the agency at the address or other point of contact of and in the manner specified by the agency, provides sufficient proof of identification of the protected consumer and the representative and sufficient proof of authority to act on the protected consumer's behalf, and  pays a fee to the agency.
H.B. 2637
Signed by governor 6/14/13, Chapter 362
S.B. 827
Increases the punishments for failing to comply with the state’s sex offender registry requirements and for attempts to commit this offense if done with the fraudulent use of identifying information in violation of the Penal Code §32.51 provisions on identity theft.
S.B. 60
Signed by governor 5/18/13, Chapter 64
Amends current law relating to authorizing the placement of a security freeze on the consumer file or other record created or maintained by a consumer reporting agency regarding a person under 16 years of age.
S.B. 1388
Signed by governor 6/14/13, Chapter 1207
Repeals the registration program for stand-alone identity recovery service contract providers under Chapter 1306, Occupations Code. In addition, the bill inserts and revises definitions and cross-references to reflect the fact that identity recovery services may continue to be offered and financed through other chapters of the Occupations Code despite the repeal of Chapter 1306, Occupations Code.
Utah
H.B. 200
Signed by governor 3/28/13, Chapter 278
Modifies parts of the Utah Code to make technical corrections, including eliminating references to repealed provisions, making minor wording changes, updating cross references, and correcting numbering; modifies parts of the Utah Code to make technical corrections, including eliminating references to repealed provisions, making minor wording changes, updating cross references, correcting numbering, and fixing errors that were created from the previous year's session.
H.B. 229
Signed by governor 3/26/13, Chapter 119
This bill provides that someone who knowingly uses or attempts to use the personal identifying information of another person, whether that person is alive or deceased, is guilty of identity fraud.
S.B. 170
Signed by governor 3/22/13, Chapter 77
This bill adds "photograph or realistic likeness" to the list of personal identifying information that a person may use to commit identity fraud.
Vermont
none
Virginia
H.B. 1684
Signed by governor 3/16/13, Chapter 420
S.B. 1010
Signed by governor 3/16/13, Chapter 466
Raises the punishment for identity theft where five or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence from a Class 6 to a Class 5 felony and raises the punishment for identity theft where 50 or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence from a Class 5 to a Class 4 felony. A violation resulting in the arrest and detention of the victim is raised from a Class 6 to a Class 5 felony.
Virgin Islands not available
Washington
none
West Virginia
none
Wisconsin

A.B. 248

Signed by governor 12/12/13, Act 78

This bill provides for additional security freezes by allowing representatives to obtain security freezes on behalf of protected consumers. The bill defines a protected consumer" as either:  1) an individual who is under 16 years old; or 2) an individual for whom a guardian or conservator has been appointed. The bill defines a representative" as a person who provides sufficient proof of authority" to act on behalf of a protected consumer, which is defined to include:  1) a court order; 2) a power of attorney; or 3) a notarized statement describing the authority to act on behalf of a protected consumer.

S.B. 283

This bill allows a “representative” of a “protected individual” to obtain a security freeze on the protected individual’s credit report. A “protected individual” is an individual:  1) who is less than 18 years of age (minor); 2) for whom a guardian of the estate or a conservator has been appointed; or 3) who has executed a durable power of attorney. A “representative” is: 1) a parent who has legal custody of a minor, the guardian or legal custodian of a minor, or a person delegated care and custody of a minor; 2) a guardian of the estate or conservator appointed for a protected individual; or 3) an agent of an individual under a durable power of attorney. In general, the same procedures and requirements apply to a representative acting on behalf of a protected individual as apply when an individual acts on his or her own behalf. Under the bill, if a protected individual does not have a credit report, the representative may request that a credit reporting agency create a record for the protected individual and treat that record in the same manner as a credit report for purposes of placing a security freeze. If a representative of a minor requests a security freeze for the minor, when the minor reaches age 18, the credit reporting agency must remove the security freeze and may thereafter honor requests only from the individual who was formerly a minor, not from the representative. If any other representative makes a request for a security freeze for a protected individual, and the guardianship, conservatorship, or durable power of attorney with respect to the protected individual is terminated, the representative must notify the credit reporting agency. Upon receiving this notice, or if the credit reporting agency’s own records show such a termination, the credit reporting agency may not honor requests from the representative and any further requests or actions with respect to the individual who was formerly a protected individual must be made by that individual or, if there is a successor representative, by the successor representative. If there is no successor guardianship, conservatorship, or durable power of attorney, the credit reporting agency must remove the security freeze when the credit reporting agency has information that the guardianship, conservatorship, or durable power of attorney is terminated.

Wyoming
none

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