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Identity Theft 2014 Legislation

Identity Theft 2014 Legislation

Heather Morton 3/11/2014

Identity 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.

The chart below lists state legislation introduced or pending during the 2014 legislative session relating to identity theft. Legislation in 28 states is pending in the 2014 legislative session and includes legislation regarding criminal penalties, identity theft passports and identity theft prevention.

 

The box allows you to conduct a full text search or use the dropdown menu option to select a state.

STATE BILL NUMBER BILL SUMMARY
Alabama H.B. 541 Under existing law, a consumer may place a security freeze on his or her consumer credit information that prohibits a consumer credit reporting agency from disclosing information about the consumer's credit except in limited circumstances. This bill authorizes a representative to freeze the consumer credit information of a minor under the age of 17 or of a person who is incapacitated or for whom a court or other authority has appointed a guardian or conservator.
Alaska none  
Arizona

H.B. 2639

Passed House 3/5/14

Removes the offense of knowingly accepting the identity of another person from A.R.S. §13-2008 and places it in A.R.S. §13-2009. Prescribes that a violation of the offense is a Class 3 felony.
Arkansas none  
California

A.B. 1631

Existing law creates the Employment Development Department and requires that it pay unemployment compensation benefits to individuals who meet specified requirements, are unemployed, as defined, and file a valid claim for these benefits. Existing law requires employers to send the department specified information regarding their employees, including wage information and Social Security numbers. The department maintains a file of wage records of employees for the purpose of computing earnings in a base period to establish amounts for unemployment benefits. Existing law requires the director of the department to share information in its possession under specified circumstances. This bill requires the department to review, at least once each year, the information in its unemployment insurance base wage file, to identify if multiple names are associated with a single Social Security number. The bill requires the department, whenever it discovers five or more names associated with a single Social Security number, to inform the Department of Justice of this, along with relevant supporting information, as a potential incidence of identity theft.
California A.B. 1638 Existing law provides for child welfare services, which are public social services directed toward, among other purposes, protecting and promoting the welfare of all children, including those in foster care placement. Existing law declares the policy of the Legislature that all children in foster care be free from abuse. This bill requires, at the time of placement, a county welfare agency to notify every consumer credit reporting agency of the placement of a minor dependent under years of age 17 into foster care. Existing law, the Consumer Credit Reporting Agencies Act, defines and regulates consumer credit reports and permits a consumer to place a security freeze, defined as a notice placed in a consumer’s credit report, at the request of the consumer, and subject to certain exceptions, that prohibits the consumer credit reporting agency from releasing the consumer’s credit report or any information from it without the express authorization of the consumer, on his or her credit report by making a request in writing by certified mail to a consumer credit reporting agency. This bill requires, after notification of placement by a county welfare agency, a consumer credit reporting agency to place a security freeze on the credit report of a minor dependent under years of age 17 placed in foster care.
California A.B. 1663 Existing law creates the Employment Development Department and requires that it pay unemployment compensation benefits to individuals who meet specified requirements, are unemployed, as defined, and file a valid claim for these benefits. Existing law requires employers to send the department specified information regarding their employees, including wage information and Social Security numbers. The department maintains a file of wage records of employees for the purpose of computing earnings in a base period to establish amounts for unemployment benefits. Existing law requires the director of the department to share information in its possession under specified circumstances. This bill requires the department to review, at least once each year, the information in its unemployment insurance base wage file, to identify if multiple names are associated with a single Social Security number. The bill requires the department, whenever it discovers 10 or more names associated with a single Social Security number, to inform the Department of Justice of this fact, along with relevant supporting information, as a potential incidence of identity theft.
California A.B. 2459 Under existing law, a person who is a caretaker of an elder or dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, fraud, or specified identify theft provisions of law, is subject to a fine not exceeding $1,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding $950. This bill makes technical, nonsubstantive changes to that provision.
California A.B. 2689 Existing law creates the Employment Development Department and requires that it pay unemployment compensation benefits to individuals who meet specified requirements, are unemployed, as defined, and file a valid claim for these benefits. Existing law requires employers to send the department specified information regarding their employees, including wage information and social security numbers. The department maintains a file of wage records of employees for the purpose of computing earnings in a base period to establish amounts for unemployment benefits. Existing law requires the director of the department to share information in its possession under specified circumstances. This bill requires the department to review, at least once each year, the information in its unemployment insurance base wage file, to identify if multiple names are associated with a single Social Security number. The bill requires the department, whenever it discovers three or more names associated with a single Social Security number, to inform the Department of Justice of this, along with relevant supporting information, as a potential incidence of identity theft.
California S.B. 1233 Existing law makes it a crime, punishable either as a misdemeanor or a felony, to violate any provision of law proscribing theft, embezzlement, forgery, fraud, or identity theft when the victim is an elder or dependent adult and the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. If punished as a misdemeanor, existing law authorizes imprisonment or a fine not to exceed $2,500, or both the fine and imprisonment. If punished as a felony, existing law authorizes imprisonment or a fine not to exceed $10,000, or both the fine and imprisonment. This bill makes the maximum amount of the fine for this crime $25,000, if punished as a misdemeanor, and $100,000, if punished as a felony.
California S.B. 1302 Under existing law, a person who is a caretaker of an elder or dependent adult who violates any law proscribing theft, embezzlement, forgery, fraud, or specified identify theft laws, is subject to a fine not exceeding $1,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding $950. This bill makes technical, nonsubstantive changes to that provision.
California S.B. 1307 Existing law makes it a misdemeanor to acquire or retain, with the intent to defraud, possession of the personal identifying information of another person. Under existing law, a second commission of this offense and the commission of this crime against 10 or more victims may be charged as either a misdemeanor or a felony. Existing law makes it a crime, punishable as either a misdemeanor or a felony, to sell, transfer, or convey the personal identifying information of another with the intent to defraud. Existing law also makes it a felony to sell personal information with the knowledge that it will be used for an unlawful purpose. Under existing law a misdemeanor is punishable by a term of imprisonment of not more than one year in county jail and, unless otherwise provided, a fine not to exceed $1,000. This bill specifies that the fine for committing any of the above crimes, other than acquiring or retaining possession of the personal identifying information of 10 or more victims, if charged as a misdemeanor, is not to exceed $5,000, and the fine for acquiring or retaining possession of the personal identifying information of 10 or more victims, if charged as a misdemeanor, is not to exceed $10,000.
California S.B. 1435 Existing law creates the Employment Development Department and requires that it pay unemployment compensation benefits to individuals who meet specified requirements, are unemployed, as defined, and file a valid claim for these benefits. Existing law requires employers to send the department specified information regarding their employees, including wage information and social security numbers. The department maintains a file of wage records of employees for the purpose of computing earnings in a base period to establish amounts for unemployment benefits. Existing law requires the director of the department to share information in its possession under specified circumstances. This bill requires the department to review, at least once each year, the information in its unemployment insurance base wage file, to identify if multiple names are associated with a single Social Security number. The bill requires the department, whenever it discovers three or more names associated with a single Social Security number, to inform the Department of Justice of this, along with relevant supporting information, as a potential incidence of identity theft.
Colorado none  
Connecticut

none

 
Delaware none  
District of Columbia

none

 
Florida

H.B. 151

Authorizes representative of protected consumer to place security freeze on protected consumer's consumer report or record. Requires consumer reporting agency to establish record if protected consumer does not have consumer report. Prohibits use of consumer record for certain purposes. Prohibits consumer reporting agency from stating or implying that security freeze reflects negative credit history or rating. Specifies procedure to remove security freeze. Authorizes consumer reporting agency to charge fee for placing or removing security freeze and for reissuing unique personal identifier. Requires written notification upon change of specified information in protected consumer's consumer report or record; provides penalties and civil remedies. Provides written disclosure requirements for consumer reporting agencies relating to protected consumer's security freeze.
Florida H.B. 409 Revises when out of court statement by elderly person or disabled adult is admissible in certain proceedings. Expands application of prohibition on fraudulent use of personal identification information of specified victims without consent to include persons 60 years of age or older. Deletes requirement that property of elderly person or disabled adult be obtained by deception or intimidation in order to constitute exploitation of such person. Specifies additional circumstances that constitute breach of fiduciary duty and specifies when unlawful appropriation occurs. Creates presumption that certain inter vivos transfers are result of exploitation. Provides exceptions. Provides for jury instructions concerning presumption. Revises valuation of funds, assets, or property involved for various degrees of offenses of exploitation of elderly person or disabled adult. Provides for return of property seized from defendant to victim before trial in certain circumstances. Conforms provisions.
Florida H.B. 1029 Provides that possession of personal identification information without legitimate business or professional purpose and with specified intent constitutes fraudulent use of personal identification information. Creates rebuttable presumption that person in possession of specified quantity of personal identification information has fraudulent intent.
Florida S.B. 242 Citing this act as the “Keeping I.D. Safe (KIDS) Act," this bill authorizes the representative of a protected consumer to place a security freeze on a protected consumer’s consumer report or record. Prohibits a consumer reporting agency from stating or implying that a security freeze reflects a negative credit history or rating. Requires a consumer reporting agency to remove a security freeze under specified conditions.
Florida S.B. 588 Revises when an out-of-court statement by an elderly person or disabled adult is admissible in certain proceedings. Deletes a requirement that property of an elderly person or disabled adult be obtained by deception or intimidation in order to constitute exploitation of such a person. Creates a presumption that certain inter vivos transfers are a result of exploitation, etc.
Florida S.B. 1472 Provides that possession of personal identification information without a legitimate business or professional purpose and with specified intent constitutes fraudulent use of personal identification information. Provides criminal penalties; creates a rebuttable presumption that a person in possession of a specified quantity of personal identification information has fraudulent intent.
Georgia

H.B. 915

Passed House 2/26/14

Relates to identity theft, so as to provide for security freezes for minors; provides for definitions. Provides for requirements for requesting and executing such security freezes. Provides for removal of such security freezes. Provides for fees. Provides for exceptions. Provides for penalties.
Guam

none

 
Hawaii

H.B. 712

Passed House 2/27/14

Enables a credit reporting agency to place a security freeze on the record for a protected consumer, who is a minor or incapacitated person, upon the request of the protected consumer's representative.
Hawaii

S.B. 2507

Establishes mandatory minimum prison terms for certain offenses committed against persons whom the defendant knows or reasonably should know are 60 years of age or older, including identity theft.
Hawaii S.B. 396 Directs the Department of Education to add a mandatory economic and financial management literacy course to the public high school curriculum.
Idaho

none

 
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.
Illinois

H.B. 3776

Creates the Attorney General Identity Theft Database Act. Provides that the attorney general shall establish and maintain a database of persons who have been victims of identity theft. Provides that the Office of the Attorney General shall provide a victim of identity theft or his or her authorized representative access to the database in order to establish that the person has been a victim of identity theft. Provides that access to the database shall be limited to criminal justice agencies including law enforcement agencies, victims of identity theft, and persons and agencies authorized by the victims. Provides that in order for a victim of identity theft to be included in the database, he or she shall submit to the attorney general a court order obtained under any provision of law, a full set of fingerprints, and any other information prescribed by the attorney general. Provides that upon receiving the information, the Office of the Attorney General shall verify the identity of the victim against any driver's license or other identification record maintained by the secretary of state. Amends the Illinois Identification Card Act and the Illinois Vehicle Code to make conforming changes.

Indiana

H.B. 1312

Defines "protected consumer" as: (1) an individual who is less than 16 years of age; or (2) an incapacitated person for whom the court has appointed a guardian. Allows a representative who has authority to act on behalf of a protected consumer to place a security freeze on the protected consumer's consumer report or, if the protected consumer does not have a consumer report, a record created by the consumer reporting agency. Establishes requirements concerning security freezes similar to those in the security freeze law for consumers.
Indiana H.B. 1345 Increases, under certain circumstances, the penalties for: (1) reckless homicide; (2) child exploitation; (3) robbery; (4) burglary; (5) theft; (6) forgery; (7) identity deception; and (8) possession of a firearm by a serious violent felon. Creates the crime of retail theft.
Indiana

S.B. 394

Passed both houses 3/6/14
Makes various changes to consumer protection provisions enforced by the attorney general, including: (1) enforcement of investigative demands by the attorney general; (2) acceptance of written assurance of voluntary compliance for certain violations concerning nonprofit corporations; (3) changes to the definition of "consumer transaction" and to acts, omissions, and practices by a supplier that are prohibited in connection with consumer transactions for purposes of the deceptive consumer sales law; and (4) the placement of security freezes for protected consumers
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.
Iowa

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.
Iowa H.F. 2003 This bill relates to crime victims, including restitution plan hearings, crime victim compensation, awards to programs that serve crime victims, 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 provides that moneys from the victim compensation fund that fund programs that provide services and support for victims of domestic abuse or sexual assault and victims of human trafficking may also be used for homicide victim survivors. Up to 25 percent of the moneys available in the fund on June 30 of any fiscal year shall be used for these purposes. 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.
Iowa

H.F. 2368

Passed House 3/4/14

This bill extends security freeze protection to specified individuals designated as protected consumers.
Iowa 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
Iowa S.S.B. 3070 The bill relates to the offense of identity theft by providing 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. 2478

Passed House 2/26/14

This bill allows the venue for prosecution of crimes committed with electronic devices to take place in the county in which the crime occurred, the victim resides, the victim was present at the time of the crime, or property affected by the crime was obtained or was attempted to be obtained. The bill defines “crime committed with an electronic device” and specifies that criminal use of a financial card, unlawful acts concerning computers, identity theft and identity fraud, and electronic solicitation qualify as such a crime.
Kansas

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

H.B. 844

Provides for credit reporting agencies placing a security freezes on protected persons' credit reports.
Maine none  
Maryland

H.B. 714

S.B. 810

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.
Maryland H.B. 1272 Requires the administrative head of a specified institution or a designee of the administrative head or the secretary of Health and Mental Hygiene to provide a specified notice relating to security freezes to the mother, father, or legal guardian of a child under specified circumstances; requires the secretary to provide a specified notice relating to security freezes on a specified form provided by the secretary; requiries the Consumer Protection Division to prepare a specified notice.
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.
Massachusetts H.B. 222 Protects consumers using the Internet from identity theft and online predators.
Massachusetts H.B. 298

Increases criminal penalties for the use of the personal identification of another and identity fraud.

Massachusetts 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.

Massachusetts S.B. 34

Relates to identity theft protections for foster children.

Massachusetts 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.
Massachusetts S.B. 793

Protects the commonwealth's residents from identity theft.

Michigan

none

 
Minnesota

H.F. 836

Authorizes certain representatives of protected consumers to lift or remove credit freezes.
Minnesota

H.F. 2122

S.F. 1869

Aids victims of economic crimes; provides public outreach initiatives; authorizes an identity theft passport.
Mississippi

H.B. 90

Died in committee 2/4/14

Amends §97-19-85 to revise penalties for the fraudulent use of the identity of another.

.
Mississippi

H.B. 1057

Died in committee 2/4/14

Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged.
Missouri

H.B. 1371

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.
Missouri S.B. 491 This act modifies provisions relating to crime, including the financial threshold for identity theft.
Montana No regular 2014 session  
Nebraska none  
Nevada

No regular 2014 session

 
New Hampshire

none

 
New Jersey

A.B. 342

Prohibits soliciting or phishing for personal identifying information.
New Jersey A.B. 620 Directs attorney general to develop guidelines for positive identification of suspects before release to address criminal identify theft that 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.
New Jersey A.B. 736

Increases penalties for identity theft when victim is a senior citizen or veteran.

New Jersey

A.B. 802

Withdrawn from further consideration 2/20/14

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

New Jersey A.B. 1046

Authorizes wiretap orders for investigation of luring or enticing a child, identity theft, stalking and harassment under certain circumstances.

New Jersey A.B. 1662

Provides for expungement of certain records of victims of identity theft.

New Jersey S.B. 205

Increases penalties for identity theft when victim is a senior citizen or veteran.

New Jersey S.B. 806 Authorizes wiretap orders for investigation of luring or enticing a child, identity theft, stalking and harassment under certain circumstances.
New Jersey S.B. 1344

Requires debt collectors, in certain circumstances, to cease debt collections against certain victims of identity theft.

New Mexico

S.J.R. 14

Proposes an amendment to Article 2 of the New Mexico Constitution to provide for a right to expungement of certain criminal records as a result of identity theft.
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.
New York A.B. 607 Relates to identity theft protection services.
New York

A.B. 2249

S.B. 652

Adds medical and health insurance information within the definitions of identity theft.
New York A.B. 2558 Establishes the offenses of cyber assault in the first and second degrees and cyber impersonation in the first and second degrees.
New York

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.
New York A.B. 2939 Relates to identity theft; clarifies personal identifying information and what acts constitute the offense of identity theft.
New York A.B. 3121

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

New York

A.B. 3819

S.B. 40

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.
New York

A.B. 5165

S.B. 3229

Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request.
New York

A.B. 6931

Passed Assembly 2/11/14

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.
New York A.B. 8151 Relates to unlawfully purchasing or selling personal identifying information.
New York

A.B. 8955

S.B. 6682

Relates to credit record freezes and protected minors.

New York S.B. 218

Relates to offenses involving thefts of identity.

New York S.B. 518

Increases the penalties for identity theft crimes.

North Carolina

none

 
North Dakota

No regular 2014 session

 
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.
Oklahoma 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.
Oklahoma

S.B. 1937

Passed Senate 3/6/14

Requires the Department of Human Services to furnish credit report to certain children; requires the department to take certain corrective action.
Oregon

none

 
Pennsylvania

H.B. 585

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

Puerto Rico

none

 
Rhode Island H.B. 7845 This act prohibits persons from using the name or persona of another person or a public official to create a web page, post messages on a social networking site, or send electronic communication without the person's consent and with the intent to harm or defraud. This section also prohibits, with the intent to harm or defraud, sending electronic communication that references a name or persona belonging to another without their consent where the recipient would reasonably believe that the other person authorized the communication. Those in violation would be guilty of a felony and subject to not more than three years imprisonment, a fine of not more than $2,000, or both.
Rhode Island S.B. 2624 This act prohibits persons from using the name or persona of another person or a public official to create a web page, post messages on a social networking site, or send electronic communication without the person's consent and with the intent to harm or defraud. This section also prohibits, with the intent to harm or defraud, sending electronic communication that references a name or persona belonging to another without their consent where the recipient would reasonably believe that the other person authorized the communication. Those in violation would be guilty of a felony and subject to not more than three years imprisonment, a fine of not more than $2,000, or both.
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.
South Carolina 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.
South Carolina 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.
South Carolina 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.
South Carolina 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.
South Carolina 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.

South Carolina 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."
South Carolina 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.

South Carolina 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."

South Carolina 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.

South Carolina 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.

South Carolina 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.

South Carolina 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.

South Carolina

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.

South Carolina 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."

South Carolina

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

none

 
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

No regular 2014 session

 
Utah

S.B. 239

This bill: defines terms; upon request and in accordance with the provisions of this bill, requires a credit reporting agency to place a security freeze for: an individual who is less than 16 years of age; an incapacitated adult; or a protected person; provides a procedure by which an individual or an individual's representative may remove a security freeze; allows, under certain circumstances, a credit reporting agency to charge a reasonable fee of $5 or less for the placement or removal of a security freeze; provides that the attorney general may enforce the provisions of this bill; and makes technical and conforming changes.
Vermont

none

 
Virginia

H.B. 244

Increases from $200 to $500 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill increases the threshold by the same amount for the classification of certain property crimes, including identity theft.
Virginia

H.B. 543

Passed both houses 2/27/14

Establishes a procedure by which a protected consumer's representative may request that a consumer reporting agency place a security freeze on the protected consumer's credit report. A protected consumer is an individual resident of the commonwealth who is (i) younger than age 16 at the time a request for the placement of a security freeze is made or (ii) an incapacitated person for whom a guardian or conservator has been appointed. If a freeze is established for a protected consumer, a consumer reporting agency is prohibited from releasing the protected consumer's credit report, any information derived from it, or any record created for the protected consumer, unless the freeze is removed. A fee of up to $10 may be charged for placing or removing a freeze, except identity theft victims and persons under age 16 for whom the agency has a credit report are not required to pay a fee. Willful violations are subject to a civil penalty of up to $1,000

.
Virginia H.B. 934 Establishes a procedure by which a protected consumer's representative may request that a consumer reporting agency place a security freeze on the protected consumer's credit report. A protected consumer is an individual resident of the Commonwealth who is (i) younger than age 16 at the time a request for the placement of a security freeze is made or (ii) an incapacitated person for whom a guardian or conservator has been appointed. If a freeze is established for a protected consumer, a consumer reporting agency is prohibited from releasing the protected consumer's credit report, any information derived from it, or any record created for the protected consumer, unless the freeze is removed. A fee of up to $5 may be charged for placing or removing a freeze, except identity theft victims and persons under age 16 for whom the agency has a credit report are not required to pay a fee. Penalties and enforcement mechanisms are identical to those provided for nonprotected consumers under the existing security freeze statute.
Virginia

S.B. 251

Stricken from docket 1/20/14

Increases from $200 to $1,000 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill increases the threshold by the same amount for the classification of certain property crimes, including identity theft.

Virginia S.B. 379

Increases from $200 to $500 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill increases the threshold by the same amount for the classification of certain property crimes, including identity theft.

Virgin Islands

Not available

 
Washington

H.B. 1173

Passed House 2/3/14

S.B. 5483

Adds the state treasurer or state treasurer's designee as a member to the Financial Education Public-Private Partnership (Partnership). Provides that the travel expenses of teachers who are members of the Partnership be paid for official meetings and that school districts must allow them to attend official meetings. Modifies the duties of the Partnership. Requires the Office of the Superintendent of Public Instruction to make financial education curriculum available to school districts, and school districts to provide courses with this curriculum.
West Virginia

none

 
Wisconsin

A.B. 628

This bill prohibits the possession, by a person who is imprisoned or otherwise in the custody of or supervised by the Department of Corrections, or who is a patient at a mental health facility or who resides in a mental health facility, of a correctional employee’s or health services 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 or health services 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.

Wisconsin 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.

Wisconsin S.B. 472

This bill prohibits the possession, by a person who is imprisoned or otherwise in the custody of or supervised by the Department of Corrections, or who is a patient at a mental health facility or who resides in a mental health facility, of a correctional employee’s or health services 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 or health services 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

S.F. 37

Withdrawn from further consideration 2/11/14

Modifies penalties for certain misdemeanor offenses; provides for classes for certain misdemeanors, including identity theft.


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Heather Morton is a program principal in Fiscal Affairs. She covers financial services, alcohol production and sales, and medical malpractice issues for NCSL.

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