Introduced
by
To create a new crime of identity theft, punishable by up to five years in prison for each violation, plus penalties imposed for violations of existing laws committed in the act of perpetrating identity theft. The bill prohibits denying credit to a victim of identity threat under certain conditions, and prohibits the issuance of an unsolicited check or credit card that includes certain types of personal identifying information. It would create a state identity theft advisory board composed of certain state officials to study the issue and recommend new laws. The bill is part of a legislative package comprised of Senate Bills 220, 657, 792, 793, 795, 797, 798, 803 and House Bills 6168 to 6177.
Referred to the Committee on Criminal Justice
Reported without amendment
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one that incorporates many details changes resulting from committee testimony and deliberation. Among other things, the substitute does not contain the provision to create an identity theft advisory board to make recommendations to the legislature on further laws.
The substitute passed by voice vote
Substitute offered
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To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.
The substitute passed by voice vote
Amendment offered
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To clarify a provision prohibiting extending credit without exercising reasonable procedures to verify the identity of that consumer.
The amendment passed by voice vote
Amendment offered
by
To establish that a provision prohibiting extending credit without exercising reasonable procedures to verify the identity of the consumer does not apply to a change to or review of an existing account.
The amendment passed by voice vote
Amendment offered
by
To clarify the legal standards that establish compliance with a provision prohibiting extending credit without exercising reasonable procedures to verify the identity of that consumer.
The amendment passed by voice vote
Amendment offered
by
To establish the lawful pursuit of lawful pursuit of child or spousal support payments, or the enforcement of a tax liability, as defenses against a presumption that using the personal identifying information of another person to obtain credit, goods, information or employment is an attempt to defraud.
The amendment passed by voice vote
Passed in the House 104 to 0 (details)
To establish as a specific felony the crime of identity theft, subject to up to five years in prison and a $25,000 fine. The bill would prohibit denying or reducing credit to identity theft victims. Credit card companies, financial institutions, and other lenders would be required to implement certain identity assurance procedures, and would be prohibited from soliciting or extending credit to consumers by mailing unsolicited checks and similar items. Law enforcement officials, financial institutions, or others could request vital record copies for enforcement, investigation, or prevention purposes. "Identity theft" would mean any unauthorized use of another person’s personal identifying information with the intent to defraud or to obtain credit, goods, services, money, property, medical records or information, employment, or to commit any illegal act.
Referred to the Committee on Judiciary
