Identity Theft 2012 Legislation

Last updated: November 21, 2012

NCSL Staff Contact: Heather Morton, Denver

Identity theft occurs when someone uses another person's personally identifying information, like a person's name, Social Security number, or credit card number or other financial information, without permission, to commit fraud or other crimes.

Thirty-four states had pending legislation regarding identity theft during the 2012 legislative sesion. Alabama enacted three bills creatingd the Alabama Digital Crime Act, amending the definition of dealing in false identification documents and expanding the defintion of identity theft to include using a person's identity to gain employment. California revised and expanded existing law that requires a county welfare department to request a consumer disclosure, pursuant to federal law, on behalf of a youth in a foster care placement in the county, when the youth reaches his or her 16th birthday, in order to ascertain whether the youth has been the victim of identity theft, as specified. Colorado added a surcharge for individuals convicted of identity theft against at-risk adults or juveniles. Delaware authorizeed and required DSCYF to run a credit report for each child in its care within 30 days of the child’s 16th and 17th birthdays. DSCYF will then review the credit report for any possible identity theft. Illinois included using, possessing, or transferring a radio frequency identification device capable of obtaining or processing personal identifying information from a radio frequency identification (RFID) tag or transponder with knowledge that the device will be used by the person or another to commit a felony violation of state law as identity theft and amended the false personation of public officials provision. A second enacted bill  provided that no applicant may receive a license from the Illinois Department of Children and Family Services and no person may be employed by the Department or a child care facility licensed by the Department who has been convicted of committing or attempting to commit specified offenses, including identity theft, unless, after careful review of the circumstances surrounding the convictions, through questioning of the applicant and accessing and reviewing official documents, the Department determines that the applicant does not pose a threat to state resources or clients. Kentucky and Michigan now allow exceptions to an insurer’s use of credit information with regard to rates, rating classifications, tier placement and underwriting guidelines for specific life events, including identity theft. Louisiana created the crime of online impersonation and enacted the Business Identity Theft Prevention Act. New York prohibited prison inmates from accessing, collecting or performing data processing of personal identifying information pertaining to New York state residents. North Carolina limited state agency identity theft reporting requirements. Utah lawmakers passed a bill requiring the Department of Workforces Services--if it learns during an eligibility check that a Social Security number is being used by an unauthorized person--to inform law enforcement and the Social Security number's owner. Virginia enacted legislation that requires local departments of social services to conduct annual credit checks on foster children 16 years and older to uncover and resolve cases of identity theft or misuse of personal identifying information.

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STATE
BILL SUMMARY
Alabama

H.B. 400
Signed by governor 5/15/12, Act 432
Enacts the Alabama Digital Crime Act, provides for the crimes of computer tampering, encoded data fraud, phishing, electronic harassment, and cyberstalking; provides for jurisdiction in the investigation and prosecution of certain computer crimes; provides for forfeiture of certain computers used in a crime; repeals §§13A-8-100, 13A-8-101, 13A-8-102, and 13A-8-103.

S.B. 16
Signed by governor 5/14/12, Act 368
Under existing law, the crime of identity theft is a Class C felony. This bill expands the definition of identity theft to include obtaining the identity of another for the purpose of gaining employment and makes the crime of identity theft a Class B felony.

S.B. 356
Indefinitely postponed 5/9/12
Existing law makes it a crime for a person to knowingly and willfully without authorization access or modify certain information or programs on a computer or in the computer system or network of another. This bill repeals the existing computer crime act and replaces it with the Alabama Digital Crime Act. This bill makes computer tampering a crime and describes what acts constitute this crime. This bill makes encoded data fraud a crime and describes what acts constitute this crime. This bill makes phishing a crime and describes what acts constitute this crime. This bill makes electronic harassment and cyberstalking crimes and describes what acts constitute these crimes. This bill establishes jurisdiction to prosecute certain computer crimes and jurisdiction of records related to the investigation of certain computer crimes. This bill provides for forfeiture of a computer or computer system owned by a defendant and used in the commission of a crime.

Alaska
none
Arizona

S.B. 1143
Passed Senate 2/2/12
Classifies, as a class 2 felony, aggravated taking the identity of another person or entity that involves 50 or more persons or entities, without their consent, with the intent to obtain or use the identities for an unlawful purpose or to cause economic loss.

Arkansas
none
California

A.B. 1080
Died pursuant to Art. IV, Sec. 10(c) of the Constitution 2/1/12
This bill requires a business that provides banking or other financial services and that allows for the movement of specified funds over the Internet to collect, report, and update, on a quarterly basis, information relating to unauthorized transfers of funds over the Internet. This bill also requires these banks or financial institutions to post this report at each of their locations within the state, or on its Internet Web site, as specified.

A.B. 1714
Passed Assembly 5/14/12
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law prohibits a new applicant or an applicant whose application has been denied on the basis of a conviction and for whom an appeal of that denial is pending from providing supportive services if he or she has been convicted of specified crimes in the previous 10 years. Existing law requires the state Department of Social Services and the state Department of Health Care Services to develop a provider enrollment form that each person seeking to provide supportive services must complete, sign under penalty of perjury, and submit to the county, containing designated statements relating to the provider's criminal history. This bill adds the felony offenses of forgery, embezzlement, extortion, and identity theft to the list of criminal convictions that would preclude an applicant from providing supportive services. The bill requires the state Department of Social Services to revise the provider enrollment form to account for these additional criminal exclusions.

A.B. 2141
Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for an unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense. This bill makes a technical, non-substantive change to that provision.

A.B. 2513
The California Community Care Facilities Act provides for the licensure and regulation of community care facilities by the state Department of Social Services, including, among others, foster family homes, small family homes, and foster family agencies, as defined. Existing law requires a community care facility license to be forfeited by operation of law when specified conditions occur, including, among others, when the licensee is convicted of various crimes. Existing law requires that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for an unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense. This bill requires that a community care facility license also be forfeited if the licensee operates a residential facility, as defined, for the care of foster children, and is convicted of willfully obtaining personal identifying information of another and using that information, or attempting to use that information, for an unlawful purpose.

S.B. 784
Returned to secretary of Senate pursuant to Joint Rule 56 1/31/12
Existing law requires that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for an unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense. This bill makes a technical, non-substantive change to that provision.

S.B. 1389
This bill requires the attorney general to direct local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the attorney general, any information that may be required relative to criminal activity that is generated by the misuse of private information gathered from the Internet. The bill requires the Department of Justice, in consultation with the Office of Privacy Protection, to survey local law enforcement agencies to obtain information that tracks the amount and type of criminal activity that is generated by that criminal activity and to publish on the department's Internet Web site the information obtained pursuant to this requirement, as specified.

S.B. 1521
Signed by governor 9/30/12, Chapter 847
Existing law requires a county welfare department to request a consumer disclosure, pursuant to federal law, on behalf of a youth in a foster care placement in the county, when the youth reaches his or her 16th birthday, in order to ascertain whether the youth has been the victim of identity theft, as specified. Existing law suspends implementation of these provisions until July 1, 2013. This bill revises and expands these consumer disclosure and identity theft provisions, by including non-minor dependents and requiring assistance to be given by the county welfare department, county probation department, or the state Department of Social Services, as specified, on an annual basis while a child or non-minor dependent is under the jurisdiction of the juvenile court. The bill requires information relating to the yearly consumer credit report to be included in the youth's or non-minor dependent's case plan, as specified.

S.C.R. 72
This measure recognizes that the Federal Trade Commission and other consumer organizations have designated the week of March 4 through March 10, 2012, as National Consumer Protection Week in order to empower consumers with knowledge to help them make informed choices in their purchases and to protect themselves from fraud and identity theft, and declares the support of the Legislature for National Consumer Protection Week.

Colorado

H.B. 1101
Passed House 4/24/12
The bill clarifies certain statutory language describing the offenses of identity theft. To commit identity theft, it is not necessary that a person be aware that the personal identifying information, financial identifying information, or financial device involved in the commission of the offense belongs to another person.

H.B. 1226
Signed by governor 6/8/12, Chapter 279
Each person who is convicted of a crime against an at-risk adult or at-risk juvenile or who is convicted of identity theft pursuant to §18-5-902, when the victim is an at-risk adult or at-risk juvenile, shall be required to pay a surcharge to the clerk of the court for the judicial district in which the conviction occurs. Ninety-five percent of the surcharge shall be transferred to the state treasurer, who shall credit the same to the Crimes Against At-Risk Persons Surcharge fund created as specified.

Connecticut
none
Delaware

H.B. 269
Signed by governor 7/25/12, Chapter 361
This bill authorizes and requires that DSCYF run a credit report for each child in its care within 30 days of the child’s 16th and 17th birthdays. DSCYF will then review the credit report for any possible identity theft.

District of Columbia
none
Florida
none
Georgia

H.B. 796
Repeals the provisions that provide for the offense of aggravated identity fraud: A person commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment.

Guam
not available
Hawaii

H.B. 2047
Passed House 3/6/12
S.B. 2389
By January 1, 2014, requires businesses to implement a comprehensive, written policy and procedure to prevent identity theft, and to designate an employee to be responsible for protecting personal information. Requires businesses to train all employees in the implementation of the policy and procedure.

S.B. 2450
Establishes mandatory minimum prison terms for certain offenses, including identity theft, committed against persons 60 years of age or older.

Idaho
none
Illinois

H.B. 3366
Signed by governor 8/27/12, Public Act 97-1109
Includes using, possessing, or transferring a radio frequency identification device capable of obtaining or processing personal identifying information from a radio frequency identification (RFID) tag or transponder with knowledge that the device will be used by the person or another to commit a felony violation of state law as identity theft. Amends the false personation of public officials provision.

H.B. 4640
Amends the Harassing and Obscene Communications Act. In addition to other elements of the offense, provides that harassment through electronic communications includes knowingly and by any means making repeated, unwanted, and harassing communication to another person. Creates the offense of harassment by cyber identity theft. Defines the offense and establishes penalties for violation.

H.B. 5308
Amends the Criminal Code of 1961. Makes a technical change in a section concerning non-defenses to charges of identity theft and aggravated identity theft.

S.B. 3517
Signed by governor 7/31/12, Public Act 97-0874
Provides that no applicant may receive a license from the Illinois Department of Children and Family Services and no person may be employed by the Department or a child care facility licensed by the Department who has been convicted of committing or attempting to commit specified offenses, including identity theft, unless, after careful review of the circumstances surrounding the convictions, through questioning of the applicant and accessing and reviewing official documents, the Department determines that the applicant does not pose a threat to state resources or clients. Includes provisions with regard to applicants with access to confidential financial information or who submit documentation to support billing. Provides that in evaluating certain exceptions, the Department of Children and Family Services must carefully review any relevant documents to determine whether the applicant, despite the disqualifying convictions, poses a substantial risk to state resources or clients. Sets forth guidelines to be used in making the determination.

Indiana

H.B. 1159
Makes it identity deception, a Class D felony, for a person to obtain, possess, transfer, or use the identifying information of another person, including the identifying information of a person who is deceased: (1) without the other person's consent; and (2) with intent to intimidate or threaten another person. Makes it synthetic identity deception, a Class D felony, for a person to obtain, possess, transfer, or use synthetic identifying information with intent to intimidate or threaten another person.

Iowa

H.F. 627
Became H.F. 2238 2/7/12
H.F. 2238
This bill relates to termination of parental rights and identification information by requiring certain identity documents to be provided to children or their guardians upon entry of a court order for termination of parental rights and establishing an identity theft crime for persons whose parental rights have been terminated. The identity documents requirement is inserted as part of the definition of “case permanency plan” in Code §232.2, that is required by federal law and applicable to children in a court-ordered out-of-home placement. Under current law, on or before a child in such a placement reaches age 18, the department of human services or a departmental designee is required to provide to the child a certified copy of the child’s birth certificate and to facilitate securing a federal Social Security card. Code §715A.8, relating to the crime of identity theft, is amended to provide that a person whose parental rights with respect to a child have been terminated under Code §232.117 who at any time fraudulently uses or attempts to fraudulently use the child’s identification information with the intent to obtain credit, property, services, or other benefit, commits the offense of identity theft. This crime is an unlawful practice under Code §714.16, relating to consumer frauds, and may be punished with civil penalties ordered by the court. The victim of the identity theft may also bring a civil action under Code §714.16B for damages, recovery of costs, and punitive damages.

H.F. 2429
Passed House 3/13/12
H.S.B. 638
Became H.F. 2429 3/1/12
This bill modifies current provisions constituting identity theft, and adds additional forms of identity theft subject to penalty. Code §715A.8 currently specifies that a person commits the offense of identity theft if the person fraudulently uses or attempts to fraudulently use identification information, as defined in the Code section, of another person, with the intent to obtain credit, property, services, or other benefit. The bill modifies the Code section by creating four separate offenses constituting identity theft. The bill provides that a person commits the offense of identity theft if the person fraudulently or knowingly takes, purchases, manufactures, records, possesses, uses, or attempts to take, purchase, manufacture, record, possess, or use identification information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity, with the intent to obtain or use the identification information for any unlawful purpose, or to cause loss to the other person or entity, or with the intent to obtain or continue employment. The bill states that an offense is committed regardless of whether the other person or entity actually suffers any economic loss as a result of the offense. The bill provides that a person commits the offense of knowingly accepting the identity of another person if the person, in hiring an employee, knowingly accepts any identification information of another person with knowledge that the other person is not the actual person identified by that information, or uses the information for the purpose of determining whether the person who presented the information has the legal right or authorization under federal law to work in the United States as described and determined pursuant to the processes and procedures under 8 U.S.C. § 1324a dealing with the unlawful employment of aliens. The bill provides that a person commits the offense of aggravated identity theft if the person either commits the offense of identity theft in relation to the identification information of five or more persons or entities, or commits the offense of identity theft and causes another person or entity to suffer an economic loss of $3,000 or more. The bill adds that in an action for aggravated identity theft proof of possession outside the regular course of business of identification information of five or more persons or entities may give rise to an inference that the identification information was possessed for an unlawful purpose. The bill provides that a person commits the offense of trafficking identity theft if the person fraudulently or knowingly sells, transfers, or transmits any identification information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity for any unlawful purpose or to cause loss to the person or entity regardless of whether the other person or entity actually suffers any economic loss. The bill also modifies penalties applicable to the offense of identity theft. Currently penalties vary depending upon the value of the credit, property, or services subject to the offense. If the value of the credit, property, or services exceeds $1,000, the person commits a class “D” felony. If the value of the credit, property, or services does not exceed $1,000, the person commits an aggravated misdemeanor. The bill replaces these provisions with separate penalties applicable for each of the four types of identity theft. The bill provides that the “basic” form of identity theft is punishable as a class “D” felony. 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. The bill provides that knowingly accepting the identity of another person is punishable as a class “D” felony, but with increased potential terms of confinement and fines in the form of no more than seven years confinement and a fine of at least $850 but not more than $8,500. The bill provides that aggravated identity theft is punishable as a class “C” felony. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. The bill provides that trafficking identity theft is punishable as a class “C” felony, but again with increased potential terms of confinement and fines in the form of no more than 12 years confinement and a fine of at least $1,250 but not more than $10,250. In addition to the penalties provided in the bill, all forms of identity theft will be subject to the existing civil cause of action provisions of Code §714.16B, which provide that a person suffering a pecuniary loss as a result of an identity theft by another person under Code §715A.8, or a financial institution on behalf of an account holder suffering a pecuniary loss as a result of an identity theft by another person under the Code section, may bring an action against such other person to recover specified costs and fees, and the amount of $5,000 or three times the actual damages, whichever is greater. Existing Code §715A.9 provides a method for the determination of the value of credit, property, or services subject to an identity theft. Additionally, Code §715A.8 provides that identity theft constitutes an unlawful practice under the consumer fraud provisions of Code §714.16. In addition to other specified remedies, Code §714.16 provides that the attorney general may request and the court may impose a civil penalty not to exceed $40,000 per violation against a person found by the court to have engaged in a method, act, or practice declared unlawful, and that the court may impose a civil penalty of not more than $5,000 for each day of intentional violation of a temporary restraining order, preliminary injunction, or permanent injunction issued under the Code section.

H.S.B. 589
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 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 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 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.

S.F. 2111
Passed Senate 2/27/12
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 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 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 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.

S.S.B. 3055
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 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 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 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.

Kansas

H.B. 2576
The bill increases the penalties for the crimes of vital records identity fraud and dealing in false identification documents. The penalty for vital records identity fraud would increase from a severity level eight nonperson felony to a severity level seven nonperson felony. Likewise, the penalty for dealing in false identification documents would increase from a severity level eight nonperson felony to a severity level six nonperson felony.

Kentucky

H.B. 497
Signed by governor 4/11/12, Chapter 116
Creates a new statute in Subtitle 13 of KRS Chapter 304 to allow exceptions to an insurer’s use of credit information with regard to rates, rating classifications, tier placement and underwriting guidelines for specific life events, including identity theft.

Louisiana

H.B. 96
Signed by governor 5/31/12, Act 357
Creates the crime of online impersonation.

H.B. 699
Creates "The Business Identity Theft Prevention Act" and provides that certain electronic mail addresses obtained through certain corporate and association filings with the secretary of state are confidential.

H.B. 744
Passed House 4/5/12
Provides for an additional fine for certain persons who commit the crime of identity theft.

S.B. 595
Signed by governor 6/14/12, Act 835
Creates the "Business Identity Theft Prevention Act."

Maine
none
Maryland

H.B. 1242
Withdrawn from further consideration 3/22/12
S.B. 387
Expands the circumstances under which a court is authorized to order restitution to include financial damage or loss incurred as a result of identity fraud; authorizes a court to accept an identity fraud restitution affidavit as competent evidence; requires specified state's attorneys to consult with the Office of the Attorney General under specified circumstances; requires the Office of the Attorney General to develop an identity fraud restitution affidavit.

Massachusetts

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

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

H.B. 2207
Provides that whoever, with intent to defraud, provides false or misleading identification to a person for the purpose of gaining access to any personal identifying information of that person, shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment. Provides that whoever, with intent to defraud, uses any personal identifying information of another person outside the scope of its original authorized use for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment. Provides that a person found guilty of violating any provisions of this section shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of such violation. Financial loss may include any costs incurred by such victim in correcting the credit history of such victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney’s fees. A law enforcement officer may arrest without warrant any person he has probable cause to believe has committed the offense of identity fraud as defined in this section.

H.B. 2823
Provides that whoever is in unlawful possession of an identity scanning device when he or she possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving accessing a person's financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code, personal identification number, mother's maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.

H.B. 3536
Creates the Internet Crimes Investigation Fund for the state police to conduct activities including the following: (a) Locating, investigating, and bringing to justice those who would commit sex crimes upon children whom those persons locate through the Internet, communicate with through the Internet, or both. (b) Locating, investigating, and bringing to justice those persons who use the Internet to facilitate the trading of images of pornography involving children. (c) Locating, investigating, and bringing to justice those persons who use the Internet to facilitate fraudulent schemes in an effort to defraud our citizens with Internet access of money, goods, services, and other things.

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

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

S.B. 902
Relates to identity theft jurisdiction.

Michigan

H.B. 4595
Signed by governor 6/26/12, Public Act 207
Requires an insurer to provide reasonable exceptions to the use of credit information upon the request of an insured or applicant, under specific circumstances, including identity theft.

Minnesota

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

H.F. 2706
S.F. 2533
Expands grant awards for the prevention of automobile theft and financial crimes, including identity theft.

Mississippi

H.B. 47
Died in committee 3/6/12
Establishes a procedure for a victim of identity theft to have the debt forgiven and credit reports purged.

H.B. 673
Died in committee 3/6/12
Revises penalties for the fraudulent use of the identity of another.

H.B. 1345
Died in committee 3/6/12
Includes damage to a person's identity by fraud in the offense of identity theft.

Missouri

H.B. 1232
This bill specifies that any person who knowingly and without consent credibly impersonates another actual person through or on an Internet website or by other electronic means for the purpose of harming, intimidating, threatening, or defrauding another person will be guilty of a class A misdemeanor and will be punishable by a fine of up to $1,000, imprisonment in a county jail for up to one year, or both. Any person who suffers damage or loss based on a violation of these provisions may bring a civil action against the violator for compensatory damages and injunctive or other equitable relief. These provisions cannot preclude prosecution under any other law.

H.B. 1897
Amends the definition and penalties for the offense of identity theft.

S.B. 872
Amends the definition and penalties for the offense of identity theft.

Montana
No Regular 2012 Session
Nebraska
none
Nevada
No Regular 2012 Session
New Hampshire
none
New Jersey

A.B. 230
Authorizes wiretap orders for investigation of luring or enticing a child, identity theft, stalking and harassment under certain circumstances.

A.B. 632
Increases penalties for identity theft when victim is a senior citizen or veteran.

A.B. 1212
Clarifies that any use of another person’s personal identifying information is a crime.

A.B. 1222
Directs the attorney general to develop guidelines for positive identification of suspects before release to combat criminal identity theft.

A.B. 1409
Allows identity theft victims to petition for judicial determination of factual innocence.

A.B. 1686
Provides for expungement of certain records of victims of identity theft.

A.B. 2105
Passed Assembly 6/21/12
S.B. 895
Clarifies that the offense of criminal impersonation includes acts committed by any means including electronic communications or Internet website; creates new disorderly persons offense.

A.B. 3005
S.B. 1867
Requires debt collectors, in certain circumstances, to cease debt collections against certain victims of identity theft.

S.B. 355
Authorizes wiretap orders for investigation of luring or enticing a child, identity theft, stalking and harassment under certain circumstances.

S.B. 391
Requires payment of certain attorney’s fees, expenses and costs in identity theft cases; adds debit card numbers to definition of “personal identifying information.”

S.B. 1421
Allows identity theft victims to petition for judicial determination of factual innocence.

S.B. 1543
Increases penalties for identity theft when victim is a senior citizen or veteran.

New Mexico

S.B. 2
Vetoed by governor 3/2/12
Enacts the Criminal Record Expungement Act; provides for expungement of arrest records and public records in certain circumstances, including identity theft.

New York

A.B. 232
Passed Assembly 1/10/12
S.B. 979
Establishes the small business crime prevention services to provide small businesses with information on strategies, best practices and programs offering training and assistance in prevention of crimes in and around the premises of small businesses or otherwise affecting small businesses, including but not limited to: assault, arson and other violent felony offenses; robbery, burglary, theft, identity theft, counterfeiting, check and graffiti and other property damage; further provides that information on eligibility and applications for financial assistance be made available to small businesses; authorizes the New York state urban development corporation to provide loans, loan guarantees, interest subsidies and grants to small businesses, municipalities, not-for-profit corporations or other organizations for the purpose of preventing crimes against small businesses or on the premises or in the vicinity of small businesses; makes related provisions.

A.B. 1050
Enacting clause stricken 5/12/11
A.B. 8890
S.B. 648
Passed Senate 6/13/12
Adds medical and health insurance information within the definitions of identity theft.

A.B. 1990
A.B. 9152
S.B. 714
Creates specific computer crimes, including criminal use of encryption, as well as increasing penalties for crimes committed with the aid of a computer; provides for civil relief in cases of pornography on the internet, and penal sanctions in such cases.

A.B. 3838
Enacting clause stricken 7/11/11
S.B. 737
Provides a cogent and logical framework for the myriad identity theft laws that have been passed in response to the rapidly changing nature of identity theft crimes; provides the dollar threshold for identity theft comparable to those in the grand larceny statutes; acknowledges that identity theft doesn't respect geographic boundaries.

A.B. 4895
S.B. 6241
Establishes the offenses of cyber assault in the first and second degrees and cyber impersonation in the first and second degrees.

A.B. 5440
S.B. 885
Enacting clause stricken 5/14/12
Expands geographical jurisdiction for crimes attendant to identity theft or the unlawful possession of personal information.

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

A.B. 8375
Signed by governor 8/14/12, Chapter 371
Prohibits prison inmates from accessing, collecting or performing data processing of personal identifying information pertaining to New York state residents.

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

S.B. 1701
Passed Senate 6/6/12
Increases the penalties for identity theft crimes.

S.B. 6954
Passed Senate 6/18/12
Creates the crime of criminal practices with an access device.

S.B. 7862
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.

North Carolina

S.B. 810
Signed by governor 7/16/12, Chapter 187
Limits state agency identity theft reporting requirements.

North Dakota
No Regular 2012 Session
Ohio

S.B. 76
Amends §2717.01 of the Revised Code to prohibit a court from ordering a statutory change of name for a person who has committed identity fraud or who must register under the SORN Law for having committed a sexually oriented offense or child-victim oriented offense.

Oklahoma
none
Oregon
none
Pennsylvania

H.B. 2249
Defines the offense of online impersonation; and prescribes a penalty.

H.B. 2560
Provides for the offense of online impersonation.

H.R. 936
Recognizes the month of November 2012 as "Child Identity Theft Awareness Month" in Pennsylvania.

Puerto Rico
none
Rhode Island

H.B. 7042
This act amends various chapters and provisions of the general laws to create to additional offenses relating to Internet activity, including online impersonation.

H.B. 7315
The directors of each department and state agency in the executive department shall attempt to notify any person whose identity was stolen or otherwise improperly used by any person in order to receive any benefit, including, but not limited to, child care, health care, any government issued identification card, including driver’s license and non-driver’s license identification, welfare or employment.

H.B. 7734
This act requires registration of those individuals who provide personal care attendant services to a consumer, includes impersonation and identity theft as disqualifying information.

South Carolina
none
South Dakota

H.B. 1139
Revises certain provisions relating to identity theft and employment.

Tennessee

H.B. 2836
S.B. 3566
Requires any sentence received for the offenses of identity theft and identity theft trafficking to be served consecutive to any other offense committed as a result of the identity theft.

Texas
No Regular 2012 Session
Utah

H.B. 300
Enacting clause struck 3/8/12
This bill modifies general government provisions to convert the Utah Immigration Accountability and Enforcement Act to the Utah Illegal Alien Family Transition Pilot Program and makes related changes including addressing enforcement issues, modifies provisions related to the Identity Theft Victims Restricted Account.

H.B. 366
Signed by governor 3/16/12, Chapter 119
This bill: requires the Department of Workforces Services to inform the owner of a Social Security number and an appropriate law enforcement agency if, in the process of determining an individual's eligibility for a public benefit, the department learns a valid Social Security number is being used by an unauthorized individual.

S.B. 157
Enacting clause struck 3/8/12
This bill modifies general government provisions, oversight provisions, and criminal provisions to repeal a guest worker program, and certain e-verify requirements, and amends related provisions, removes the Identity Theft Victims Restricted Account.

Vermont
none
Virginia

H.B. 500
Signed by governor 3/30/12, Chapter 432
Requires local departments of social services to conduct annual credit checks on children aged 16 years and older who are in foster care to identify cases of identity theft or misuse of personal identifying information of such children and to resolve, to the greatest extent possible, cases of identity theft or misuse of personal identifying information of foster care children identified as a result of such credit checks. The bill also requires the Department to develop policies and procedures to protect personal identifying information of foster care children aged 16 years and older to prevent identity theft by foster care providers and others who may have access to such information, and to report on its activities to implement the provisions of the act and any recommendations for legislative or regulatory changes necessary to implement the provisions of the act no later than December 1, 2012.

H.B. 675
Increases from $200 to $500 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny. The same threshold is increased for certain property crimes, including identity theft.

S.B. 72
Passed by indefinitely 1/18/12
Increases from $200 to $750 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny. The same threshold is increased for certain property crimes, including identity theft.

Washington

H.B. 2573
Transfers various programs from the departments of Commerce, Labor and Industries, and Social and Health Services; Secretary of State, Washington Association of Sheriffs and Police Chiefs and the Criminal Justice Training Commission to the Office of the Attorney General, including the Financial Fraud and Identity Theft Crimes Investigation and Prosecution Program.

West Virginia

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

H.B. 2713
Establishes general rules for civil forfeiture proceedings; civil proceedings pertaining to property and assets used in, acquired, gained or flowing from various criminal fraudulent activities; provides definitions; statement of purpose of forfeitures for certain offenses of fraud; property subject to forfeiture; provisional title to property subject to forfeiture; seizure of property; seizure and disposition of forfeited and other property; interference with or diminishing forfeitable property; provides right to trial by jury; care of property in law-enforcement custody; sale of forfeited property, application of proceeds and forfeiture funds; and provides exceptions.

H.B. 4334
S.B. 403
Establishes the West Virginia Criminal and Civil Forfeiture Act; establishes civil and criminal forfeiture proceedings pertaining to property and assets used in, acquired, gained or flowing from various criminal activities and juvenile offenses; provides definitions; statement of purpose of forfeitures; identifies property subject to forfeiture; establishes exemptions; provides the state with provisional title to property subject to forfeiture; establishes procedures for seizure of property; establishes protections for innocent third party owners and interest holders; establishes a procedure for processing uncontested forfeitures; establishes general procedures for challenging and evaluating forfeiture procedures; provides for the filing and processing of petitions for in rem forfeiture proceedings; provides for the filing and processing and establishes related procedures for in personam forfeiture proceedings; allows additional procedures applicable in criminal and civil proceedings in which forfeiture of property is sought; allows for forfeiture of and execution on substitute property under certain conditions; allows for release of seized property upon provision of adequate security bond or deposit; provides certain exceptions and limitations; establishes procedures for forfeiture; establishes burdens of proof; provides for the seizure and disposition of forfeited and other property; civil forfeiture action and pretrial hardship release; establishes the crime of interference with or diminishing forfeitable property; provides right to trial by jury; creates standards and procedures for care of property in law-enforcement custody; provides provisions for the sale of forfeited property; prioritizes and directs the application of proceeds and forfeiture funds; provides exceptions; and criminal penalties.

Wisconsin

S.B. 283
Failed to pass pursuant to Senate Joint Resolution 1 3/23/12
This bill prohibits the possession, by a person who is incarcerated in a prison or who resides in a mental health facility, of a correctional employee’s personal identifying information or a document relating to the employee’s personal identifying information. A person who violates this prohibition is guilty of a Class H felony. Under the bill, a correctional employee who is the victim of an unauthorized possession of his or her personal identifying information or documents may obtain a security freeze on his or her credit reports free of charge, if he or she submits proof to a credit reporting agency that he or she reported the unauthorized possession to a law enforcement agency.

Wyoming

H.B. 56
Withdrawn from further consideration 2/14/12
Modifies penalties for misdemeanor offenses, including identity theft.

 

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