Introduced
by
To establish as a specific felony the crime of identity theft, subject to up to five years in prison and a $10,000 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. The bill would also create an identity theft advisory board to make recommendations to the legislature on further laws. "Identity theft" would mean any unauthorized use of another person’s personal identifying information to obtain credit, goods, services, money, property, or employment to commit any illegal act. 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 Judiciary
Reported without amendment
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one which incorporates technical changes that do not affect the substance of the bill as previously described.
The substitute passed by voice vote
Amendment offered
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To define "unauthorized" for purposes of determining whether the use of another person's personal identifying information is a violation under the bill, and establish that the the unauthorized use of another person's personal identifying information in order to give them a givt is not a violation.
The amendment passed by voice vote
Passed in the Senate 37 to 0 (details)
To establish as a specific felony the crime of identity theft, subject to up to five years in prison and a $10,000 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. The bill would also create an identity theft advisory board to make recommendations to the legislature on further laws. "Identity theft" would mean any unauthorized use of another person’s personal identifying information to obtain credit, goods, services, money, property, medical records or information, or employment.
Referred to the Committee on Criminal Justice
Reported without amendment
With the recommendation that the substitute (H-2) 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 failed by voice vote
Substitute offered
by
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
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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
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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
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To establish the lawful pursuit of lawful pursuit of child 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 103 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.
Amendment offered
by
To authorize consecutive sentences for a violation of this proposed law and any other violation committed using the information obtained in violation of this proposed law.
The amendment passed by voice vote
Amendment offered
by
To establish that the bill does not apply to a credit obligation in an acquisition, merger, purchase of assets, or assumption of liabilities or any change to or review of an existing credit account.
The amendment passed by voice vote
Passed in the Senate 36 to 0 (details)
A version of the bill that allows consecutive sentences for a violation of this proposed law and any other violation committed using the information obtained through identity theft.
Passed in the House 93 to 0 (details)
To concur with the Senate-passed version of the bill.
