Identity Theft 2015 Legislation

H.B. 2220

H.B. 2278

H.B. 2413

Signed by governor 3/30/15, Chapter 123

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.

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.

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.

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.

Increases the monetary penalty for identity theft by $100 for each offense.

H.B. 6403

Signed by governor 6/19/15, Public Act 15-62

This act allows a minor's parent or legal guardian to place a security freeze on the minor's credit report. Under the act, a “minor” is someone under age 18 at the time a security freeze request is submitted. Under the act, the freeze prohibits a credit rating agency from releasing the minor's credit report and information derived from it, if the agency has information about the minor. If the agency does not have information about the minor, it must create, but not release, a record that compiles information identifying him or her. The agency cannot use the record to consider the minor's character, reputation, personal characteristics, mode of living or credit worthiness, standing, or capacity. The act prohibits the agency from releasing the minor's credit report, information derived from it, or records created for the minor. To initiate a security freeze, the act requires the parent or guardian to provide the credit rating agency with: (1) a written request by certified mail or other secure method authorized by the rating agency and (2) proper identification and sufficient proof of authority to act for the minor, such as a court order, an original copy of the minor's birth certificate, or a written notarized statement signed by the parent or guardian that expressly describes his or her authority to act and is acknowledged according to law by a judge, family support magistrate, court clerk or deputy clerk with a seal, town clerk, notary public, justice of the peace, or Connecticut-licensed attorney. The act requires the agency to freeze the minor's credit report within five business days of receiving a request. The parent or legal guardian can request the freeze's removal by submitting (1) a written request to the agency in the same way as the law allows for removing freezes of an adult's credit report and (2) proper identification and sufficient proof of authority to act for the minor. The agency must remove a freeze within 15 business days of a request.

This bill requires public service companies (i.e., utilities) to verify a potential customer's Social Security number (SSN) before opening an account to ensure that the SSN does not belong to a minor (i.e., someone under the age of 18). The bill requires public service companies to cross reference the provided SSN with the customer's (1) legal name, (2) aliases, (3) date of birth, (4) current address, and (5) phone number. Under the bill, the public service company may use a third-party company to verify SSNs. The bill also prohibits public service companies from holding customers liable for unpaid bills if (1) the customer was a minor when he or she opened the account and (2) another person opened the account using the minor's SSN.

S.B. 206

Failed Joint Favorable deadline 3/12/15

Proposes to amend §36a-701a to allow for the placement of a security freeze on any credit report or file for a minor.

S.B. 949

Signed by governor 6/30/15, Public Act 15-142

The act amends existing law's security breach notification requirements applicable to any person who conducts business in Connecticut.  It generally requires the person to (1) notify impacted state residents of a breach within 90 days after discovering it and (2) offer at least one year of free identity theft prevention and mitigation services.

S.B. 1117

Failed Joint Favorable deadline 4/13/15

Reduces the maximum term of imprisonment for certain class A misdemeanors by one day to 364 days.

H.B. 157

Signed by governor 6/16/15, Chapter 166

Defines "business entity"; provides for restitution for certain out-of-pocket costs of victims; requires business entities to provide copies of business records of fraudulent transactions involving identity theft to victims and law enforcement agencies in certain circumstances; provides exception; includes counties and other political subdivisions in provisions prohibiting false marking of goods or packaging with location of origin; prohibits fraudulent issuance of indicia of membership interest in limited liability company; specifies that electronic statements are included in provisions prohibiting certain false representations; prohibits sale of counterfeit security company signs or decals; increases criminal penalties for fraudulently obtaining goods or services from health care provider; expands specified identity theft offenses to include all persons rather than being limited to natural persons; prohibits knowingly providing false information that becomes part of public record to facilitate or further commission of certain offenses.

S.B. 390

Substituted by H.B. 157 4/23/15

Provides that causing damage to a victim’s credit history or credit rating or otherwise causing harm to the victim in the course of falsely personating the victim is punishable; requires business entities to provide copies of business records of fraudulent transactions involving identity theft to victims and law enforcement agencies in certain circumstances; prohibits the sale of counterfeit security company signs or decals; expands specified identity theft offenses to include all persons rather than being limited to natural persons, etc.

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

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

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).

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.

L.D. 382

Vetoed by governor 6/3/15

Veto overridden 6/4/15, Chapter 139

Eliminates fees for security freezes and allow security Freezes for minors; establishes that a consumer may place a security freeze on the consumer's consumer report; establishes that a consumer who has not been the victim of identity theft may place a security freeze on the consumer's consumer report by making a request in writing by certified mail to a consumer reporting agency, prior to a certain date; clarifies that a consumer reporting agency may not charge a fee for creating a file for a minor.

This bill directs an insurance carrier that provides insurance in the state to take certain measures to protect the data and identity of a person insured by the carrier on or after Jan. 1, 2004, including encrypting all medical and personal data of the insured, providing medical identify theft protection and a guarantee of recompense for 10 years following the breach, aligning all policies with a national medical fraud alliance approved by the Department of Professional and Financial Regulation, Bureau of Insurance and requiring all carriers to develop and implement a policy approved by the bureau that ensures strict adherence to the compliance rules under the federal Health Insurance Portability and Accountability Act of 1996.

H.B. 529

Vetoed by governor – duplicative 5/12/15

S.B. 549

Signed by governor 5/12/15, Chapter 361

Repeals, for purposes of a provision of law prohibiting a person from knowingly, willfully, and with fraudulent intent, possessing, obtaining, or helping another to possess or obtain personal identifying information for specified purposes, a limitation that a specified benefit, credit, good, service, thing of value, health information, or health care be obtained or accessed in the name of an individual.

H.B. 661

Withdrawn from further consideration 3/17/15

S.B. 861

Withdrawn from further consideration 3/16/15

Requires the administrative head of a specified institution or a designee of the administrative head or the secretary of Health and Mental Hygiene to provide to the mother, father, or legal guardian of a child a specified notice relating to security freezes under specified circumstances; requires the Consumer Protection Division to prepare a specified notice explaining how to request a consumer reporting agency to place a security freeze on a file relating to an individual under 16 years of age at the time of the request.

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.

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: (1) provide the child's attorney with a copy of each credit report within 30 days of obtaining the credit report results (2) 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 (3) 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.

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.

Strengthens identity theft law.

Protects the commonwealth’s residents from identity theft.

H.B. 4022

Passed House 10/28/15

The bill creates a new act, entitled the Foster Child Identification Protection Act, to require that foster care caseworkers monitor credit-related activity carried out in the name of a foster child. Requires the Department of Human Services to develop standard forms for use by caseworkers to request a credit report on behalf of foster children and to comply with the provision specified in the act. Under the bill, each caseworker shall request annually a consumer reporting agency credit report on each child assigned to them in foster care. If a requested credit report indicates the appearance of fraudulent activity in the foster child's name, the caseworker shall submit a copy of that report to the court at the next 90-day review of that child's case service plan. The court would order the lawyer-guardian ad litem to contact the consumer reporting agency and request that it immediately remove the fraudulent activity from the child's credit report. The caseworker shall keep documentation of all requests and correspondences regarding the child's credit report and any seemingly fraudulent activity on the record in the foster child's case file and to periodically discuss the credit report with the foster child and inform the child of the actions being taken regarding the credit report.

H.B. 4500

Signed by governor 10/19/15, Public Act 149

Modifies the Identity Theft Protection Act. Requires all reporting agencies to report all seizure and forfeiture activities under the Act to the Department of State Police; provides that each such agency is subject to audit.

H.F. 31

S.F. 1169

Establishes a working group to recommend services, advocacy, and verification tools or programs to assist victims of identity theft; requires a report.

H.B. 1317

Died in committee 2/3/15

Revises penalties for fraudulent use of identity of another.

H.B. 1335

Died in committee 2/3/15

Establishes procedure for an identity theft victim to have debt forgiven and credit reports purged.

S.B. 232

Signed by governor 4/2/15, Chapter 175

Increases the penalties for the theft of identity of a minor.

A.B. 324

Signed by governor 5/26/15, Chapter 179

Existing federal law that became effective on Sept. 29, 2015, requires each child in foster care under the responsibility of the state who is at least 14 years of age to receive a copy of his or her credit report each year until the child is discharged from care. (Preventing Sex Trafficking and Strengthening Families Act, 5 Pub. L. No. 113-183, §113) This bill lowers the age of a child for whom an agency which provides child welfare services is required to obtain a credit report under state law from 16 years of age to 14 years of age to conform to this federal requirement.

Prohibits soliciting or phishing for personal identifying information.

Directs attorney general to develop guidelines for positive identification of suspects before release to address criminal identify theft that occurs when a criminal suspect provides a law enforcement officer during an investigation or arrest with another person’s name and personal information, such as a driver’s license, whether valid or counterfeit, birth date, or Social Security number.

A.B. 736

S.B. 205

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

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

A.B. 1662

Signed by governor 11/9/15, Chapter 126

S.B. 2856

Substituted 9/24/15

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

A.B. 2480

S.B. 2261

Requires certain notifications and free credit reports for customers following breach of security of personal information within business or public entity.

A.B. 3516

S.B. 1344

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

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

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

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

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

Provides authority to expunge a criminal record.

Relates to identity theft protection services.

Enhances the criminal classifications for identity theft and related crimes.

A.B. 868

Substituted 2/10/15

S.B. 1516

Signed by governor 2/23/15, Chapter 3

Makes technical corrections to law relating to credit record freezes for protected persons.

A.B. 938

S.B. 1301

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.

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

A.B. 2115

S.B. 4043

Adds medical and health insurance information within the definitions of identity theft.

Petitions for determination of factual innocence, issuance of identity theft passports and identity theft credit reports.

Clarifies personal identifying information and what acts constitute the offense of identity theft.

Relates to unlawfully purchasing or selling personal identifying information.

A.B. 5969

S.B. 148

Passed Senate 5/28/15

Relates to offenses involving thefts of identity.

A.B. 6250

S.B. 2560

Implements provisions to protect credit reports of certain consumers.

Provides certain relief for persons who are victims of identity theft; provides for destruction or sealing of certain police and court records and for issuance of an identity theft passport.

A.B. 7196

S.B. 2524

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

A.B. 8149

S.B. 4072

Passed Senate 6/24/15

Increases penalties for certain acts involving use of personal information, fraud, tampering, theft and use of a computer to commit crimes.

Increases the penalties for identity theft crimes.

Relates to offenses involving theft of identity and computer tampering.

Reduces identity theft by increasing penalties for the manufacture, sale, and possession of counterfeit documents; clarifies which documents are acceptable for identification before government officials and agencies; creates a rebuttable presumption against the pretrial release of certain undocumented aliens; and ensures that citizens and lawfully present aliens can travel safely on the roads of this state by ensuring that every driver on the roads of this state has been properly licensed or permitted.

H.B. 607

Signed by governor 8/5/15, Chapter 193

Authorizes the placement of a protected consumer security freeze on a protected consumer's credit report.

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.

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.

Requires the director of the Department of Consumer and Business Services, by contract with a vendor or service provider or otherwise, to develop a system by means of which a representative may register the personal information of a protected consumer with a consumer reporting agency that meets certain qualifications. Permits the director to charge a fee to cover or substantially defray costs of implementing and maintaining the system.

Provides for identity theft verification passport.

Amends the act of Nov. 29, 2006 (P.L.1463, No.163), known as the Credit Reporting Agency Act; provides for definitions, for security freeze for protected consumers, for consumer reporting agency, for personal identification, for temporary access or removal of security freeze, for secure procedures and for fees; provides for construction.

Provides for the offense of phishing and for protection from liability under certain circumstances.

H.R. 194

Adopted 4/1/15

Recognizes the month of April 2015 as "Child Identity Theft Awareness Month" in Pennsylvania.

Amends Law 259 of 1946 known as the Suspended Sentence and Probation for the purpose of including the crime of Illegal Appropriation of Identity as part of the crimes that do not qualify to suspend the effects of the sentence of imprisonment.

Adds §12-6-3760 so as to allow a refundable tax credit for costs and expenses incurred by a taxpayer related to purchasing and maintaining identity fraud and theft protection services.

H.B. 3701

Signed by governor with line item veto 7/6/15, Act 91

H.B. 776

Signed by governor 4/28/15, Public Chapter 282

S.B. 1158

Substituted 4/16/15

Authorizes certain guardians to place a security freeze on the consumer report of a person under 16 years of age or an incapacitated person; establishes requirements for such a freeze and remedies for violations.

S.B. 54

Signed by governor 3/25/15, Chapter 191

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

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.

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.

Increases from $200 to $1500 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.

S.B. 1234

Passed Senate 2/9/15

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.

H.B. 1090

Signed by governor 4/23/15, Chapter 65

S.B. 5058

Relates to reauthorizing and expanding the financial fraud and identity theft crimes investigation and prosecution program to Snohomish County.

S.F. 21

Died in committee 3/3/15

Relates to theft of identity; increases the penalty if the victim is a minor and the alleged perpetrator is the parent or legal guardian of the victim; provides a definition; authorizes a parent or legal guardian to place a security freeze on the credit report of a minor.