Identity Theft 2016 Legislation

Heather Morton 5/30/2017

Man Taking Money Out of Another Man's Shirt PocketIdentity theft occurs when someone uses another person's identifying information, such as their name, Social Security number, 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.

Seventeen states enacted bills or adopted resolutions regarding identity theft in 2016. Alaska enacted legislation to allow a parent or legal guardian to place a security freeze on a minor’s credit report. Arizona established parameters for identity theft group insurance policies.

California required a consumer credit reporting agency to place a security freeze for a protected consumer, defined as an individual who is under 16 years of age at the time a request for the placement of a security freeze is made or an incapacitated person or a protected individual for whom a guardian or conservator has been appointed, upon that consumer’s representative’s request and compliance with certain requirements. In addition, California enacted the Identity Theft Resolution Act, requiring a debt collector, upon receipt of the police report and written statement as described, if it furnished adverse information about the debtor to a consumer credit reporting agency, to notify the consumer credit reporting agency that the account is disputed, and initiate a review, as specified, within 10 business days. 

Colorado extended the automatic termination date of the identity theft and financial fraud board to Sept. 1, 2025. Connecticut limited the authority to place a security freeze on a child’s credit to children under age 16, instead of under age 18. Illinois prohibited persons from opening or using a credit card in the name of a minor without the consent of the minor’s parent, guardian, or legal custodian, and provides criminal penalties. Kansas granted the attorney general authority, within the limits of available resources, to assist victims of identity theft, identity fraud, and related crimes in pursuing various remedies. Louisiana provided for the exemption of expungement fees in certain circumstances, including victims of identity theft.

Michigan created the "Foster Child Identification Theft Protection Act." Minnesota extended the statute of limitations for certain identity theft crimes. Ohio, South Dakota and Washington authorized certain persons to request a security freeze on the credit report of a protected consumer. Oklahoma allowed a series of identity theft offenses to be aggregated.

The chart below lists the state legislation during the 2016 legislative session relating to identity theft.

Identity Theft 2016 Legislation
State: Bill Number: Bill Summary:
Alabama None  
Alaska

S.B. 121

Signed by governor 6/19/16, Chapter 22

Allows a parent or legal guardian to place a security freeze on a minor’s credit report, and allows for the creation of a credit file by a credit bureau in order to place if a freeze if none currently exists.

Arizona

H.B. 2238

Signed by governor 3/24/16, Chapter 65

Establishes parameters for identity theft group insurance policies.

Arkansas

None

 
California

A.B. 426

Died at desk 2/1/16

Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment, as specified. This bill makes technical, nonsubstantive changes to that provision.

California

A.B. 441

Died pursuant to Art. IV, Sec. 10(c) of the Constitution 2/1/16

Existing law makes it a public offense for a person to acquire or retain possession of, or sell or transfer, the personal identifying information of another person with the intent to defraud. Existing law makes these offenses punishable as misdemeanors or felonies, as specified. This bill provides an enhanced sentence of an additional two years imprisonment for a felony conviction when the victim was 65 years of age or older.

California

A.B. 660

Died pursuant to Art. IV, Sec. 10(c) of the Constitution 2/1/16

Existing law requires employers to send the Employment Development 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 provides that information obtained in the administration of the Unemployment Insurance Code is confidential, for the exclusive use of the director of Employment Development in the discharge of his or her duties, and not open to the public. Existing law permits the director to use the information for certain purposes, including providing information to law enforcement agencies upon request, and permits reimbursement of direct costs incurred. Existing law provides that a person who knowingly accesses, uses, or discloses this confidential information without authorization is guilty of a misdemeanor. 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, when it discovers multiple names associated with a single Social Security number to inform the appropriate law enforcement official of this fact, along with relevant supporting information, as a potential misuse of a Social Security number. The bill requires the department to establish a reasonable threshold for the number of names associated with a single Social Security number that would trigger further investigation by the department or referral to law enforcement.

California

A.B. 1493

Died pursuant to Art. IV, Sec. 10(c) of the Constitution 2/1/16

Existing law establishes various crime task forces, and establishes the High Technology Theft Apprehension and Prosecution Program, which is a program to provide financial and technical assistance to law enforcement and district attorney agencies relative to specified high technology crimes. This bill establishes the California High Technology Crimes Task Force to, among other tasks, analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud, develop recommendations to prevent and prosecute those crimes, and identify funding sources for those purposes and to assist victims of those crimes. The bill requires the task force to report to the Legislature on those matters on or before Dec. 31, 2017.

California

A.B. 1580

Signed by governor 9/23/16, Chapter 494

This bill requires a consumer credit reporting agency to place a security freeze for a protected consumer, defined as an individual who is under 16 years of age at the time a request for the placement of a security freeze is made or an incapacitated person or a protected individual for whom a guardian or conservator has been appointed, upon that consumer’s representative’s request and compliance with certain requirements. The bill requires a consumer credit reporting agency to send written confirmation of the security freeze to the protected consumer’s representative within 10 days of the placement of the security freeze.

California

A.B. 1718

Existing law makes it a crime for any person to violate specified laws proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property or identifying information of an elder or dependent adult. Existing law makes a violation of those provisions punishable as a misdemeanor or a felony in county jail, as prescribed, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. This bill instead makes a violation of those provisions punishable as a misdemeanor in county jail or as a felony in state prison, as prescribed.

California

A.B. 1723

Signed by governor 9/16/16, Chapter 376

This bill, the Identity Theft Resolution Act, requires the debt collector, upon receipt of the police report and written statement described above, if it furnished adverse information about the debtor to a consumer credit reporting agency, to notify the consumer credit reporting agency that the account is disputed, and initiate a review, as specified, within 10 business days. The bill requires the debt collector to send notice of its determination to the debtor no later than 10 business days after concluding the review. The bill requires a debt collector that does not recommence collection activities under these provisions to notify the creditor, no later than 10 business days after making its determination, and if it furnished adverse information to a consumer credit reporting agency, to notify the agency to delete that information no later than 10 business days after making its determination. The bill also prohibits a creditor from selling a consumer debt to a debt collector if the creditor has received notice that the debt collector has terminated debt collection activities, as described.

California

A.B. 2295

Signed by governor 6/27/16, Chapter 37

Existing law requires the court to order a person who is convicted of a crime to pay restitution to the victim or victims for the full amount of economic loss, unless the court finds compelling and extraordinary reasons for not doing so and states them on the record. Existing law specifically requires a defendant subject to the aggravated white collar crime enhancement, and a person convicted of a felony involving theft, embezzlement, forgery, or fraud, with respect to the property or personal identifying information of an elder or a dependent adult, to be ordered to make full restitution to the victim or to make restitution to the victim based on his or her ability to pay. This bill requires the court to order full restitution and makes technical, nonsubstantive changes. The bill states the finding of the Legislature that these changes are declaratory of existing law.

California

S.B. 956

Makes a technical, nonsubstantive change to existing law making it a public offense for a person to acquire or retain possession of, or sell, transfer, or convey, the personal identifying information, as defined, of another person with the intent to defraud. Existing law makes these offenses punishable as misdemeanors or felonies, as specified. Existing law also makes it a felony to sell, transfer, or convey the personal identifying information of a specific person with the actual knowledge that it will be used for an unlawful purpose, as specified. Existing law requires court records, in the case of a person who willfully obtains personal identifying information of another person, uses that information to commit a crime, and is convicted, as specified, to reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

California

S.B. 1409

Existing law requires the Employment Development Department within the Labor and Workforce Development Agency to administer various programs, including the state unemployment and disability compensation programs, and perform duties relating to income tax withholding, which require the furnishment of social security numbers of employees or other individuals. This bill requires, if the department discovers that more than one individual is using a Social Security number, the department to determine which user is legally issued that number within 60 days of discovery, and to provide a notification to the individual who is determined to be legally issued that Social Security number that a duplicate attempt was made to use that number and a notification containing specified information to the other users of that number within 30 days of making that determination. This bill also requires the department to keep a record of those numbers and dates of discoveries and notices, as specified, and would requires the department to submit a report to the Legislature on or before Jan. 1, 2018, and annually thereafter regarding that record, as specified.

Colorado

H.B. 1158

Signed by governor 5/4/16, Chapter 147

The act implements the recommendations of the sunset review and report on the deterrence of identity theft and financial fraud by extending the automatic termination date of the identity theft and financial fraud board to Sept. 1, 2025, pursuant to the sunset law.

Colorado

H.B. 1159

Signed by governor 5/4/16, Chapter 148

The act implements the recommendations of the sunset review and report on the deterrence of identity theft and financial fraud by extending the automatic termination date of the identity theft and financial fraud board to Sept. 1, 2025, pursuant to the sunset law.

Connecticut

H.B. 5560

This bill changes certain requirements for imposing security freezes, placing expiration dates on general-use and linked prepaid cards, reporting fraud, and obtaining possessions from repossessed motor vehicles. The bill limits the authority of parents or guardians to impose security freezes on credit reports to their children who are under age 16 and makes two changes to procedures governing these freezes. The bill creates an additional condition under which general-use and linked prepaid cards may include an expiration date. Under the bill such cards must disclose a toll-free telephone number and any Internet website address for a customer to access certain information. The bill makes the disclosure requirements also applicable to the cards' packaging material. It also specifically allows a bank and a customer to agree to a shorter time frame for discovering and reporting fraud than the statutory one-year time frame. The bill requires a contract holder to notify a buyer of his or her responsibility to remove personal property from a vehicle within 10 days of the date on which the contract holder intends to repossess the vehicle. It prohibits a contract holder from imposing a storage cost during the first 15 days after repossession if the buyer was not given notice of the repossession. The bill also requires certain businesses to erase a former customer's credit and debit card information, upon the customer's request.

Connecticut

H.B. 5565

Failed Joint Favorable deadline 3/17/16

Updates the definition of minor child and to change the requirements imposed on credit rating agencies related to putting security freezes on children's credit reports.

Connecticut

H.B. 5571

Signed by governor 5/26/16, Public Act 65

Limits authority to place a security freeze on a child’s credit to children under age 16, instead of under age 18, and makes procedural changes.

Delaware None  
District of Columbia

B21-479

This bill enables individuals under the age of 16, incapacitated individuals, or a protected person for whom a guardian or conservator has been appointed to obtain a security freeze on a credit report. The security freeze prohibits consumer reporting agencies from releasing the protected consumer's record or consumer report unless the exceptions provided by the bill are met. It also establishes the procedure for removing a security freeze.

Florida None  
Georgia None  
Guam Not available  
Hawaii

H.B. 781

S.B. 514

Establishes a class C felony for theft of personal electronic devices that contain or have access to personal information.

Hawaii

H.B. 1855

S.B. 2681

Passed Senate 3/8/16

Requires a consumer credit reporting agency to create a protective record for protected consumers, including minors under the age of eighteen and incapacitated persons, who do not have an existing credit report. Permits a representative of a protected person to place a security freeze on a protected consumer's credit report or protective record.

Hawaii

H.B. 2325

S.B. 2924

To conference committee 4/18/16

Allows Department of Taxation to disclose tax returns and tax return information to the Department of the Attorney General, federal, state, or local officials, and other persons in civil, criminal, or administrative proceedings and for purposes of information management or provision of administrative services to Department of Taxation. Establishes information management and security requirements. Clarifies that income tax information filed with state agencies other than Department of Taxation is confidential to the same extent as information submitted to Department of Taxation.

Hawaii

S.B. 945

Provides right to victims of medical identity related fraud to access medical records free of charge.

Idaho None  
Illinois

H.B. 4035

Amends the Criminal Code of 2012. Provides that a prosecution for theft involving real property exceeding $100,000 in value, identity theft, aggravated identity theft, or financial institution fraud may be commenced within seven years after the discovery of the crime by the victim (rather than of the last act committed in furtherance of the crime).

Indiana None  
Iowa

H.F. 2007

Withdrawn from further consideration 3/2/16

Prohibits persons from opening a credit card in the name of a minor without the consent of the minor’s parent, guardian, or legal custodian, and provides a criminal penalty.

Iowa

H.F. 2271

Signed by governor 3/8/16, Chapter 1005

S.F. 2271

Withdrawn from further consideration 2/29/16

Relates to the criminal offense of identity theft, and provides penalties.

Iowa

H.F. 2401

Signed by governor 3/30/16, Chapter 1041

Prohibits persons from opening or using a credit card in the name of a minor without the consent of the minor’s parent, guardian, or legal custodian, and providing criminal penalties.

Kansas

H.B. 2134

Signed by governor 3/31/16, Chapter 37

Enacts new law supplemental to and amend provisions in the Fair Credit Reporting Act to authorize security freezes on consumer credit reports for protected consumers. Defines “protected consumer” as an individual who is: Under the age of 18 years at the time a request for placement of a security freeze is made; or an individual for whom a guardian or conservator has been appointed.

Kansas

H.B. 2460

Signed by governor 5/17/16, Chapter 103

Creates and amends law in the Kansas Consumer Protection Act (KCPA) regarding identity theft and identity fraud and creates the crime of violation of a consumer protection order, regarding door-to-door sales. The bill grants the attorney general authority, within the limits of available resources, to assist victims of identity theft, identity fraud, and related crimes in pursuing various remedies. The bill clarifies the duties of holders of personal information. The bill amends an existing statute known as the “Wayne Owen Law” to name that statute, in combination with the new law established by the bill regarding identity theft and identity fraud, the “Wayne Owen Act.” The bill also repeals a statute governing the destruction of consumer information.

Kansas

S.B. 424

Passed Senate 3/23/16

The bill creates new law and amend existing law related to identity theft and identity fraud within the Kansas Consumer Protection Act, as follows. The bill grants the attorney general authority, within the limits of available resources, to assist victims of identity theft, identity fraud, and related crimes in pursuing various remedies. The bill clarifies the duties of holders of personal information. The bill also would repeal an existing statute governing the destruction of consumer information.

Kentucky

H.B. 65

Creates a new section of KRS 367.363 to 367.365 to define "protected person," "representative," and "sufficient proof of authority"; requires a consumer reporting agency to place a security freeze on a protected person's record or report upon proper request by a representative; requires the freeze be placed within ten days of receiving the request; sets forth when the credit reporting agency is required to remove the freeze; allows the credit reporting agency to charge a fee under certain circumstances; establishes penalties for violations.

Kentucky

H.B. 119

Passed House 2/1/16

Amends KRS 367.363 to define "protected person," "representative," and "sufficient proof of authority"; amends KRS 363.365 to require a consumer reporting agency to place a security freeze on a protected person's record or report upon proper request by a representative; requires the freeze to be placed within 20 days of receiving the request; establishes when the credit reporting agency is required to temporarily lift or remove the freeze; allows the credit reporting agency to charge a fee under certain circumstances; establishes penalties for violations.

Kentucky

H.B. 256

Passed House 2/16/16

Creates a new section of KRS Chapter 431 to allow the expungement of criminal records when a person who is a victim of identity theft has been erroneously charged with a criminal offense as a result; enumerates requirements for the expungement of the records; establishes a process for an expedited order of expungement when the court determines that a person is currently facing criminal charges as a result of identity theft; provides that expunged records be deleted or removed if held by an agency or official, including law enforcement; provides retroactive application; restricts requirements for the payment of court costs or fees for persons seeking to expunge a criminal record under this section; provides that insurance companies must remit additional or higher insurance premiums if notified that a policy holder had his or her record expunged under this section; requires the Administrative Office of the Courts to promulgate administrative regulations necessary to implement the section; and amends KRS 527.040 to provide that expungement of a criminal record under this section is an exception to the crime of possession of a firearm by a convicted felon.

Kentucky

S.B. 23

Passed Senate 2/9/16

Creates a new section of KRS 367.363 to 367.365 to define "protected person," "representative," and "sufficient proof of authority"; requires a consumer reporting agency to place a security freeze on a protected person's record or report upon proper request by a representative; requires the freeze to be placed within 10 days of receiving the request; sets forth when the credit reporting agency is required to remove the freeze; allows the credit reporting agency to charge a fee under certain circumstances; establishes penalties for violations.

Louisiana

H.B. 194

Signed by governor 5/5/16, Act 8

Provides for exemption of expungement fees in certain circumstances, including victims of identity theft.

Maine None  
Maryland

H.B. 286

Withdrawn from further consideration 2/29/16

Authorizes a person who was convicted of a crime to file a petition for expungement if the person has an identity theft passport indicating that the crime was actually committed by another using the person's personal identifying information; and authorizes a court to grant a petition for expungement at any time if the person presents an identity theft passport under specified circumstances.

Massachusetts

H.B. 76

Requires that the Department of Children and Families shall provide to each child 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. 90

Requires that the Department of Children and Families shall provide to each child 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. 128

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. Provides that if an identity fraud crime is reported in a jurisdiction other than where the victim resides, the local law enforcement agency receiving the report shall refer the matter to the law enforcement agency where the victim resides. Upon receipt of the police incident report, the local enforcement agency shall begin an investigation of the facts. The investigation shall remain open until the perpetrator is apprehended.

Massachusetts

S.B. 817

Strengthens identity theft law.

Massachusetts

S.B. 904

Protects the commonwealth’s residents from identity theft.
Michigan

H.B. 4022

Signed by governor 9/27/16, Public Act 285

The bill creates the "Foster Child Identification Theft Protection Act" to require the Department of Health and Human Services to do the following: (i) Annually request a credit report for each foster child who was at least 14 but younger than 18 and under the Department's care or supervision. (ii) Work with a foster child and a consumer reporting agency if a credit report showed fraudulent activity in the child's name. (iii) Assist a youth who was 18 or older and had been in the foster care system to obtain a copy of his or her credit report, unless the youth opted not to receive the Department's assistance. (iv) Recommend to a foster child's permanent caregiver that a credit check be performed, when a child under 14 left foster care. (v) Keep records regarding a foster child's credit report. The bill also requires a foster child's caseworker to discuss the child's credit report with him or her periodically, and inform the child of what was being done on his or her behalf regarding the report.

Minnesota

H.F. 3187

S.F. 3598

Requires security freezes on credit reports regarding minors.

Minnesota

H.F. 3482

Signed by governor 5/19/16, Chapter 121

S.F. 3122

Indefinitely postponed 5/4/16

Extends the statute of limitations for certain identity theft crimes.

Mississippi

H.B. 544

Died in committee 2/23/16

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

Mississippi

H.B. 575

Died in committee 2/23/16

Amends §97-19-85, Mississippi Code of 1972, to revise penalties for the fraudulent use of the identity of  another.

Mississippi

H.B. 606

Died in committee 2/23/16

Creates a crime for the unauthorized use of minor's name and Social Security number as dependent on income tax return.

Missouri

H.B. 1618

Passed House 3/17/16

This bill specifies that when a credit reporting agency places a security freeze on a consumer's credit at that consumer's request, the agency cannot assess a fee or require an incident report prior to initiating the freeze. The security freeze must remain in effect until the consumer requests the agency to remove the freeze in the manner specified in the bill. The agency cannot assess a fee to temporarily lift or permanently remove a freeze. An agency must place a security freeze on the credit report of an individual who is under the age of 16 at the time a request for a freeze is made if the conditions specified in the bill have been satisfied, and the freeze must remain in effect until a specified event occurs, in which case the freeze must be removed within 30 days. The bill specifies that its provisions do not apply to the use of a consumer credit report by specified entities. Specified entities are not required to place a security freeze on a credit report under these provisions, however any entity that is not required to place a security freeze on a credit report under these provisions is subject to any security freeze placed on a credit report by another consumer credit reporting agency from which it obtains information.

Missouri

H.B. 2074

This bill specifies that if a person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named person or mistaken identity and a finding of not guilty is entered, or the conviction is set aside, the named person may apply by petition or written motion to the court where the charge was last pending on a form approved by the Office of State Courts Administrator supplied by the clerk of the court for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. The court, after notice to the prosecuting attorney, must hold a hearing on the motion or petition and, upon finding that the person's identity was used without permission and the charges were dismissed or the person was found not guilty, the court must order the expungement. If any person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named person or mistaken identity, and the charge against the named person is dismissed, the prosecutor or other judicial officer who ordered the dismissal must provide notice to the court of the dismissal, and the court must order the expungement of all official records containing any entries relating to the person's apprehension, charge, or trial. No person as to whom an order has been entered under these provisions can be held thereafter under any provision of law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial. The court is required to order that such entries must be expunged from the records of the court and direct all law enforcement agencies, the Department of Corrections, the Department of Revenue, or any other state or local government agency identified by the petitioner, or the person eligible for automatic expungement as bearing record of the same to expunge their records of the entries. The clerk must notify state and local agencies of the court's order. The costs of expunging the records, as provided in this chapter, cannot be taxed against the person eligible for expungement under this section. The Department of Revenue is required to expunge from its records entries made as a result of the charge or conviction ordered expunged. The department must also reverse any administrative actions taken against a person whose record is expunged under these provisions as a result of the charges or convictions expunged, including the assessment of the driver's license points and driver's license suspension or revocation. The department must provide to the person whose motor vehicle record is expunged a certified corrected driver history at no cost and reinstate at no cost any driver's license suspended or revoked as a result of a charge or conviction expunged under these provisions. The Department of Corrections and any other applicable state or local government agency must expunge its records and reverse any administrative actions taken against a person whose record is expunged as a result of the charges or convictions expunged, and the normal fee for any reinstatement of a license or privilege must be waived. Any insurance company that charged any additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was expunged must refund the additional premiums to the policyholder upon notification of the expungement.

Missouri

H.B. 2193

This bill specifies that if a person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named person or mistaken identity and a finding of not guilty is entered, or the conviction is set aside, the named person may apply by petition or written motion to the court where the charge was last pending on a form approved by the Office of State Courts Administrator supplied by the clerk of the court for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. The court, after notice to the prosecuting attorney, must hold a hearing on the motion or petition and, upon finding that the person's identity was used without permission and the charges were dismissed or the person was found not guilty, the court must order the expungement. If any person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named person or mistaken identity, and the charge against the named person is dismissed, the prosecutor or other judicial officer who ordered the dismissal must provide notice to the court of the dismissal, and the court must order the expungement of all official records containing any entries relating to the person's apprehension, charge, or trial. No person as to whom an order has been entered under these provisions can be held thereafter under any provision of law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial. The court is required to order that such entries must be expunged from the records of the court and direct all law enforcement agencies, the Department of Corrections, the Department of Revenue, or any other state or local government agency identified by the petitioner, or the person eligible for automatic expungement as bearing record of the same to expunge their records of the entries. The clerk must notify state and local agencies of the court's order. The costs of expunging the records, as provided in this chapter, cannot be taxed against the person eligible for expungement under this section. Any insurance company that charged any additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was expunged must refund the additional premiums to the policyholder upon notification of the expungement.

Montana None  
Nebraska

L.B. 835

Signed by governor 4/13/16

Changes provisions relating to consumer protection; changes provisions related to the Credit Report Protection Act, Consumer Protection Act, Uniform Deceptive Trade Practices Act, and Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006.

Nebraska

L.B. 965

Provides for expungement of records for persons charged with or found guilty of a crime because of stolen identity or mistaken identity.

Nevada None  
New Hampshire None  
New Jersey

A.B. 504

Requires consumer reporting agencies to place security freeze on consumer reports of protected consumers under certain circumstances.

New Jersey

A.B. 728

Directs Attorney General to develop guidelines for positive identification of suspects before release to prevent criminal identity theft.

New Jersey

A.B. 988

S.B. 268

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

A.B. 1635

Passed Assembly 2/18/16

S.B. 2162

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

New Jersey

A.B. 2348

S.B. 435

Allows identity theft victims to petition for judicial determination of factual innocence.
New Jersey

A.B. 2991

Passed Assembly 11/21/16

Requires the attorney general to provide identity theft passport to certain victims of identity theft.

New Jersey

A.B. 3176

S.B. 1529

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

New Jersey

A.B. 3786

S.B. 2346

Authorizes parent or guardian to place security freeze on child’s consumer report.

New Jersey

A.B. 4156

S.B. 2625

Requires the attorney general to establish victims of identity theft database. 
New Jersey

A.B. 4159

S.B. 2626

Concerns crime of trafficking in personal identifying information.

New Mexico None  

New York

A.B. 938

S.B. 1301

Passed Senate 2/25/16

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. 5969

S.B. 148

Passed Senate 5/25/16

Relates to offenses involving thefts of identity.

New York

A.B. 7871

Passed Assembly 3/29/16

Expands the crimes included in domestic violence to include identity theft, grand larceny and coercion, for purposes of assistance to victims thereof.

New York

A.B. 8149

S.B. 4072

Passed Senate 6/17/16

Relates to cyber crimes and identity theft; increases penalties for certain acts involving use of personal information, fraud, tampering, theft and use of a computer to commit crimes.

New York

A.B. 8169

S.B. 6254

Relates to defining a "protected consumer" as an individual who is under the age of 18 years.

New York

S.B. 7318

Relates to issuance of a new driver's license to identity theft victims.

North Carolina None  
North Dakota None  
Ohio

H.B. 317

Signed by governor 6/28/16, Session Law 113

Amends §1349.52 and enacts §1349.521 of the Revised Code to enable the parents or guardian of a protected consumer to freeze that consumer's credit to protect the consumer from identity theft.

Oklahoma

H.B. 1095

Enacts the Oklahoma Protected Consumer Security Freeze Act; defines terms; outlines exemptions of act; identifies controlling law if conflict exists; allows person to act on behalf of protected consumer in specific cases; lists acceptable proof of identification; prohibits use of protected consumer's record for certain purposes; requires security freeze on a protected consumer's consumer file upon request; directs consumer reporting agency to create a record for the protected consumer; prescribes time period for placement of freeze; proscribes release of consumer report unless freeze is removed; specifies time period for freeze; details process for removing freeze; directs removal of freeze within specified time; bars consumer reporting agency from charging fee; provides exception for reasonable fee with maximum amount; allows removal of freeze if based on material misrepresentation; allows litigation for violations of act through the attorney general or district attorney.

Oklahoma 

H.B. 2751

Signed by governor 4/27/16, Chapter 221

Relates to crimes and punishments; relates to embezzlement; modifies penalties for certain prohibited acts; relates to bogus check for motor vehicle leases or rentals; increases certain monetary limitations; relates to identity theft; allows a series of offenses to be aggregated; relates to forged notes or instruments; relates to published counterfeited instruments or coins; relates to larceny; relates to concealing, selling, or removing property encumbered by mortgage or contract.

Oklahoma

H.B. 2770

Directs the Department of Human Services to request a credit security freeze for every child in its custody.

Oklahoma

H.B. 3024

Signed by governor 5/11/16, Chapter 291

Relates to online impersonation. Creates the Catfishing Liability Act of 2016; defines terms; provides cause of action for Internet catfishing; provides for liability; provides for injunctive relief; provides for actual and punitive damages; provides exception from liability; makes remedies cumulative.

Oklahoma 

S.B. 1501

Relates to identity theft; amends 22 O.S. 2011, §19a, which relates to the arrest or charge as a result of identity theft; modifies inclusions.

Oregon None  
Pennsylvania

H.R. 813

Passed House 4/13/16

Recognizes the month of April 2016 as "Child Identity Theft Awareness Month" in Pennsylvania.
Rhode Island None  
South Carolina

H.B. 5001

Signed by governor 6/8/16 with line item veto, Act 284

Makes appropriations for identity theft protection and resolution services.

South Dakota

H.B. 1166

Revises certain provisions regarding the penalty for identity theft while using an unauthorized credit card.

South Dakota

H.B. 1242

Signed by governor 3/22/16, Chapter 230

Authorizes certain persons to request a security freeze on the credit report of a protected consumer.

Tennessee None  
Texas None  
Utah None  
Vermont

H.B. 613

This bill authorizes a parent or guardian of a minor child to freeze the child’s credit report or record and exercise the child’s other consumer protection rights under Vermont law.

Vermont

S.B. 240

This bill proposes to allow a parent or legal guardian of a minor child to obtain credit information and request a credit freeze on behalf of the minor child.

Virginia

H.B. 396

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. 1167

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. 23

Passed Senate 1/28/16

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

S.B. 177

Incorporated into S.B. 23 1/21/16

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

S.B. 226

Incorporated into S.B. 23 1/21/16

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

S.B. 235

Incorporated into S.B. 23 1/21/16

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

S.B. 310

Increases from $200 to $1,500 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.

Washington

H.B. 2859

Signed by governor 3/31/16, Chapter 135

Requires a consumer reporting agency, if certain conditions are met, to place a security freeze for an individual who is: (1) Under the age of 16 years old at the time a request for the placement of a security freeze is made; or (2) Incapacitated and for whom a guardian or limited guardian has been appointed. Requires the issuer of a certified birth certificate to include information prepared by the department of health setting forth the advisability of a security freeze and the process for acquiring a security freeze.

West Virginia None  
Wisconsin None  
Wyoming  None  

 

 

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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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