SCS/HB 916 - This act creates a list of various forms of identification such as social security numbers, drivers license numbers, and other information, which are to be considered the subject of identity theft.

Under this act, it is a Class A misdemeanor if a person commits identity theft involving no more than $500. A subsequent offense involving no more than $500 is a Class D felony. It is a Class D felony if the value of the identity theft exceeds $500, but involves no more than $1,000. It is a Class C felony if the value of the identity theft exceeds $1,000, but involves no more than $10,000. It is a Class B felony if the value of the identity theft exceeds $10,000, but involves no more than $100,000. It is a Class A felony if the value of the identity theft exceeds $100,000.

This act allows any person who commits identity theft to be liable to the victim for up to $5,000, in addition to criminal penalties. The victim may also bring a civil action to enjoin future acts of identity theft by the individual.

This act allows a deceased person's estate to recover damages for identity theft to which the decedent was a victim.

This act allows a person charged with identity theft to be prosecuted:

(1) In the county in which the offense is committed; or

(2) If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred; or

(3) In the county in which the defendant resides; or

(4) In the county in which the victim resides; or

(5) In the county in which the property obtained or attempted to be obtained was located.

This act is not applicable in certain situations when a person obtains the identity of another. Such situations include, obtaining an identity to buy alcoholic beverages, receiving credit information in a commercial transaction, lawfully exercising a security interest by a creditor, and complying with a court order or other decree.

This act defines the offense of trafficking stolen identities as manufacturing, selling, transferring, purchasing, or possessing identification documents for the purposes of identity theft. Under this act, trafficking of stolen identification documents is a Class B felony. Possession of five or more identification documents of one person, or identification documents of more than five people, is evidence that the person intends to commit identity theft.

This act expands the crime of false impersonation to include the providing of a false identity to a law enforcement officer upon arrest. If the false identity is not discovered until after the person is convicted, the prosecutor must file a motion to correct the arrest records and court records. The act also allows the court to order the expungement of the false arrest records for the person whose identity was used.
SUSAN HENDERSON