Cumulative Identity Theft Statutes Updated as of July 26, 2011

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1 State Bill Number Summary Adopted AL SB 68 Classifies all instances of identity theft as Class C felonies and extends the statute of limitations to seven years. AZ SB 1045 Adds to the list of offenses that preclude a person from being eligible to receive a fingerprint clearance card, including ID theft. AZ HB 2321 Permits a court to make a finding of factual innocence on behalf of an ID theft victim if another person is arrested for, cited for, charged with, indicted for or convicted of an offense involving ID theft under the victim s name or if the victim s name has been mistakenly associated with a record of a criminal conviction. CA HB 424 Expands the definition of personal identifying information to include an equivalent form of identification, provide that person includes a firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity. CA HB 2043 Extends ID theft protections provided to individual debtors to firms, association, organizations, partnerships, business trusts, corporations and limited liability companies, requiring debt collectors to stop collecting a debt when debtor presents documentation of ID theft. CA HB 2886 Increases penalties for second convictions for possessing another s personal information with intent to defraud. CA HB 2985 Requires a county welfare department to request a consumer disclosure on behalf of foster youth when he/she turns 16 in order to check whether the youth has been a victim of ID theft. If evidence of ID theft exists the county must refer the youth to an approved organization that provides services to ID theft victims. CA HB 618 Authorizes law enforcement to require a bank, CU, or savings association to provide surveillance photos of a person accessing a crime victim s account via an ATM or from within the financial institution. CA SB 504 Provides that a real property sales contract does not include a contract for purchase of an attached residential condominium unit entered into pursuant to a conditional public report issued by the Department of Real Estate, as specified. CA SB 682 Requires a governmental entity that issues IDs that can be read remotely using radio waves to provide security protections for the holders of those IDs by limiting remote transmission of any personal information other than a unique identifier number, providing robust encryption to protect against unauthorized reading of transmitted information, mutual authentication for legitimate users, security feature for ID holder authorization of readings, and written notification specifying how 3/6/06 4/18/07 5/23/08 2/24/06 9/28/06 9/28/06 9/22/06 9/29/06 6/30/06 9/27/06

2 information is stored and protected. CA SB 208 Authorizes restitution for expenses to monitor an identity theft victim s credit report and for the costs to repair the victim s credit for a period of time reasonably necessary to make the victim whole. CBA supports. CO SB 93 Criminalizes possession or control of a driver s license, governmentissued identification card, social security card, or passport of another person without permission unless permission is authorized by law and make the crime a qualifying predicate offense for a charge of racketeering. 6/29/11 APPROVED BY as Ch. 45 6/1/09 DE HB 334 Permits the issuance of ID theft passports to victims of ID theft. 6/30/06 DE SB 109 Permits any consumer to freeze his credit file, requires a 3-day turnaround of orders to lift a freeze, assesses civil penalties up to $10,000 plus damages for each violation of a freeze, and mandates release of credit information by a credit agency to a consumer concerning his/her credit report and provides for review of provision in two years. The bill was amended in the House to remove requirement that consumer disclosure include notice of right to sue parties including consumer reporting agencies and users of consumer credit reports, to exempt resellers, check services or fraud prevention services companies and deposit account information services companies, to replace a strict liability violation standard with a requirement to use reasonable security freeze procedures without negligence, and to allow a consumer to place a security freeze by any type of mail or through electronic mail. 6/30/06 FL HB 871 Prohibits a person from obtaining or attempting to obtain calling records of another person by making false or fraudulent statements or by providing false or fraudulent documents to a telecommunications company or by selling or offering to sell calling records that were obtained in a fraudulent manner and would authorize law enforcement and said company to obtain records for specified purposes. GA SB 236 Expands the definition of ID theft to cover misuse of identifying information of someone under 18 by someone who has custody of that person or of a dead person, misuse of information in committing another crime, and knowingly accepting fraudulent, stolen, counterfeit, or fictitious ID information. 6/9/06 5/24/07 GA HB 1016 Permits businesses to be considered ID theft victims. 5/27/10 as Act 501

3 HI SB 2159 Defines confidential information as that in which an individual has a significant privacy interest and prohibit intentional possession, without authorization, of any confidential personal information and would make possessing such information a felony. 5/25/06 ID SB 1357 Clarifies that identity theft crimes include obtaining or recording another person s SSN or date of birth with the intent to use that information, in connection with their own name, a fictitious name or other person s name, in order to obtain credit, money, goods or services. IL IL HB 4438 SB 2456 Makes discarding personal information without shredding, destroying, or otherwise making it unreadable knowingly and with the intent of committing ID theft a Class A misdemeanor, and subsequent offenses a Class F felony. Requires any person 61 years of age or older applying for renewal of a driver s license to be provided, without charge, with an information brochure regarding identity theft. 3/11/08 SIGNED 6/30/06 7/3/06 IL SB 2554 Expands the definition of ID theft to include knowingly using an ID document in posing as another in order to acquire unauthorized access to personal information and using that information to fraudulently add user names, create passwords, and access information, and would allow victims recovery up to $2,000 for violations. 7/5/ IL HB 281 Creates a seven year statute of limitations for prosecuting ID theft. 8/30/07 IL HB 1236 Increases the penalties for identity theft by one class when the penalties for the offense are less than a Class X felony if the victim of the offense is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country. IN HB 1121 Creates an identity theft unit in AG s office to investigate consumer complaints related to identity theft, assist victims, cooperate with law enforcement investigations, and assist state and federal prosecutors. The bill permits the unit to establish an educational program to inform consumers concerning identity theft, establishes a rebuttable presumption that failing to notify affected persons within 30 days after discovering a breach constitutes unreasonable delay, increases the penalty for identity deception committed against a person s child to a Class C felony, and provides that unlawfully using information that identifies a person other than the person who is using the information but that does not belong in its entirety to any live or deceased person constitutes synthetic identity deception. 8/13/07 5/15/09 as P.L. 137 IA HB 2506 Permits the issuance of ED theft passports to victims of ID theft. 4/20/06 LA HB 1335 Criminalizes ID theft directed at persons 60 years of older. 6/2/06 LA HB 751 Adds ID theft to predicate acts within the racketeering act. 6/12/08

4 ME HB 1586 Permits ID theft victims to file police reports and would authorize courts to make findings of factual innocence as an aid in rehabilitating the rightful identity of ID theft victims. 4/16/08 MD HB 1201 Permits the issuance of ID theft passports. 5/26/06 MD HB 26/ SB 70 Delays the date for the state ID theft task force from 12/31/06 to 12/31/07. 4/10/07 MD HB 1036 Makes it a misdemeanor to claim to be another person without the consent of that person with the intent of soliciting, requesting, persuading, or taking any other action to induce another to provide personal identifying information or a payment device number. MD HB 1113 Increases penalties for identity fraud if the person convicted served as a fiduciary for the victim, victimized a person who is a vulnerable adult, or has previously been convicted of identity fraud and set maximum penalties up to 15 years and a $50,000 fine. MD SB 60 Increases penalties for identity fraud if the person convicted served as a fiduciary for the victim, victimized a person who is a vulnerable adult, or has previously been convicted of identity fraud and set maximum penalties up to 15 years and a $50,000 fine. 5/8/07 5/13/08 5/13/08 MD HB 785/ SB 815 Creates a common reporting form for incidents of ID theft. 5/4/10 as Ch. 352 and Ch. 351 MD HB 408/ SB 500 Clarifies ID theft to include knowingly and willfully assuming the identity of a fictitious person to avoid identification, apprehension, or prosecution for a crime, or with fraudulent intent to get a benefit, good, service or any other item of value or to avoid the payment of debt or other legal obligation, and provides penalties for violations. 4/12/11 HB 408 APPROVED as Ch. 71; SB 500 APPROVED as Ch. 70 MN SF 2493 Includes possession and use of a scanning device and reencoder to acquire information from payment cards in the crime of identity theft. MO HB 1384 Permits local law enforcement to file a report concerning an incident of ID theft involving an individual. 5/10/10 as Ch /30/08 APPROVED BY

5 MT HB 35 Requires credit reporting agencies to permanently block any information in a consumer s credit report that the consumer identifies as having resulted from ID theft unless the block was placed by error or misrepresentation and would also require presentation of an ID theft passport and other documents in order to have erroneous criminal charges or convictions expunged. NH HB 227 Allows ID theft victims to bring private actions for damages and use the judgment to correct related public and private records. 4/17/07 6/12/07 NM HB 279 Requires law enforcement to file written ID theft reports, permits courts to issue findings of factual innocence to ID theft victims, and authorizes AG to issue ID theft passports to ID theft victims for whom a finding of factual innocence has been made. NY SB 8379 Extends identity theft to include first and second degree offenses for illegal possession and use of skimmer devices. NY SB 1829 Increases penalties for ID theft and unlawful possession of a skimmer when the victim is a servicemember. NY SB 7892 Prohibits a consumer reporting agency from knowingly taking an adverse action against a consumer solely because such consumer was the victim of ID theft. 4/7/09 as Ch. 95 7/7/08 7/7/08 9/25/08 OK SB 567 Allows consumers to file police reports of ID theft. 4/16/07 OK HB 1413 Changes the deferment period on prosecuting identity theft crimes to up to three years pending restitution being made to the victim. OR SB 447 Broadens the scope of ID theft to include theft of people who are deceased or falsely created. 4/24/09 6/25/07 OR SB 464 Creates the crime of aggravated ID theft. 6/25/07

6 SC SB 453 Requires notice to individuals where a breach of security creates a material risk of harm, exempts financial institutions in compliance with GLBA, permits consumers to freeze their credit files, requires implementation of temporary lifts if orders to do so are received electronically, limits use and collection of SSNs, and adds wrongful use of someone else s personal identifying information in order to gain employment to the crime of identity theft. TN HB 151 Provides that venue and territorial jurisdiction for the offense of identity theft may be where the victim resides or is located. UT HB 432 Requires the AG to maintain a Website designed to assist ID theft victims in filing police reports. UT SB 140 Makes the fraudulent use of another s identifying information a 2 nd degree felony when such use directly or indirectly results in bodily harm to that person. 4/2/08 5/27/11 as Ch /15/07 3/1/07 UT SCR 1 Urges Congress to address Social Security number ID theft. 3/14/07 UT HB 141 Creates an Identity Theft Reporting Information System to establish a database and Internet website to allow persons in the state to submit reports of identity theft, assists the AG s office in notifying state and local law enforcement agencies of reports of identity theft, provides assistance and resources to ID theft victims, provides a centralized location where information related to incidents of ID theft may be securely stored and accessed, and provides public education and information relating to ID theft. UT SB 52 Allows a court to order an ID thief to make restitution for damages to his victims. 3/17/08 3/18/08 UT HB 364 Creates a civil cause of action for damages from ID theft. 3/23/10 UT HB 168 Creates a child identity theft protection plan that would be operated by the attorney general that uses Identity Theft Reporting Information System and allows the AG to transmit verified personal information of a person younger than 18 years of age through secured means to a credit bureau or other third party to enable protection of the person s SSN from misuse. VA HB 2402/ SB 1301 Prohibits unlawful use, without authorization or permission, of another s identifying information to obtain money, credit, loans, goods or services. 3/18/11 3/27/09 as Ch. 380 and Ch. 314

7 VA SB 1197 Eliminates court fees otherwise due from an ID theft victim seeking to have criminal conviction information wrongly attributed to his actions expunged. VA HB 1714 Allows an identity theft victim to obtain an Identity Theft Passport issued by the AG and state police. WA HB 1031 Creates class C felony liability for a person that intentionally scans another person s identification device remotely, without that person s prior knowledge and prior consent, for the purposes of fraud or identity theft. WA HB 1273 Requires creation of financial fraud and identity theft crime task forces in the Puget Sound and Spokane regions, comprised of local law enforcement, county prosecutors, representatives of the office of the attorney general, financial institutions, and other state and local law enforcement. WA HB 5878 Permits ID theft victims to file police reports and require police agencies to file corresponding identity reports. 3/27/09 as Ch /26/11 APPROVED BY as Ch /1/2011 3/25/08 4/2/08 3/27/08