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H0110................................by JUDICIARY, RULES AND ADMINISTRATION
PERSONAL IDENTITY - Adds to and amends existing law to provide that
misappropriation of personal identifying information shall be a criminal
offense.
01/26 House intro - 1st rdg - to printing
01/27 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 59-0-11
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
Callister, Chase, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Hadley, Hammond, Hansen(23), Henbest, Hornbeck,
Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
Sellman, Smith, Smylie, Stevenson, Stone, Taylor(Taylor), Tilman,
Tippets, Watson, Wheeler, Williams, Wood, Zimmermann
NAYS -- None
Absent and excused -- Boe, Campbell, Crow, Geddes, Gould, Hansen(29),
Kellogg, Pischner, Stoicheff, Trail, Mr Speaker
Floor Sponsor - Trail, Hansen(23)
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Bunderson
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/15 Pres signed
03/16 To Governor
03/19 Governor signed
Session Law Chapter 124
Effective: 07/01/99
H0110|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 110 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO FALSE PRETENSES, CHEATS AND MISREPRESENTATIONS; AMENDING SECTION 3 18-3122, IDAHO CODE, TO DEFINE THE TERM "PERSONAL IDENTIFYING INFORMATION" 4 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-3124, IDAHO CODE, 5 TO PROVIDE REFERENCE TO AN FTC ACCOUNT NUMBER AND TO MAKE TECHNICAL COR- 6 RECTIONS; AMENDING CHAPTER 31, TITLE 18, IDAHO CODE, BY THE ADDITION OF A 7 NEW SECTION 18-3126, IDAHO CODE, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO 8 MISAPPROPRIATE PERSONAL IDENTIFYING INFORMATION; AMENDING SECTION 18-3126, 9 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE A CORRECT CITATION; 10 AND AMENDING SECTION 18-3127, IDAHO CODE, TO REDESIGNATE THE SECTION AND 11 TO PROVIDE A CORRECT CITATION. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 18-3122, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 18-3122. DEFINITIONS. The following words and phrases used in this chap- 16 ter mean: 17 (1) "Authorized credit card merchant" means a person or organization who 18 is authorized by an issuer to furnish money, goods, services or anything of 19 value upon presentation of a financial transaction card or a financial trans- 20 action card account number by a card holder, and to present valid credit card 21 sales drafts to the issuer for payment. 22 (2) "Automated banking device" means any machine which, when properly 23 activated by a financial transaction card and/or a personal identification 24 code, may be used for any of the purposes for which a financial transaction 25 card may be used. 26 (3) "Card holder" means any person or organization named on the face of a 27 financial transaction card to whom, or for whose benefit, a financial transac- 28 tion card is issued by an issuer. 29 (4) "Credit card sales draft" means: 30 (a) Any sales slip, draft, voucher or other written or electronic record 31 of a sale of goods, services or anything else of value made or purported 32 to be made to or at the request of a card holder with a financial transac- 33 tion card, financial transaction card account number or personal identifi- 34 cation code; or 35 (b) Any evidence, however manifested, of any right or purported right to 36 collect from a card holder funds due or purported to be due with respect 37 to any sale or purported sale. 38 (5) "Expired financial transaction card" means any financial transaction 39 card which is no longer valid because the terms agreed to have been cancelled 40 or have elapsed. 41 (6) "Financial transaction card" or "FTC" means any instrument or device 42 known as a credit card, credit plate, bank services card, banking card, check 43 guarantee card, debit card, telephone credit card or by any other name issued 2 1 by the issuer for the use of the card holder in obtaining money, goods, ser- 2 vices, or anything else of value on credit, or in certifying or guaranteeing 3 to a person or business the availability to the card holder of the funds on 4 deposit that are equal to or greater than the amount necessary to honor a 5 draft or check payable to the order of such a person or business; or any 6 instrument or device used in providing the card holder access to a demand 7 deposit account or a time deposit account for the purpose of making deposits 8 of money or checks therein, or withdrawing funds in the form of money, money 9 orders, or traveler ' s checks or other representative of value 10 therefrom or transferring funds from any demand account or time deposit 11 account to any credit card account in full or partial satisfaction of any out- 12 standing balance existing therein. 13 (7) "Financial transaction card account number" means the account number 14 assigned by an issuer to a financial transaction card to identify and account 15 for transactions involving that financial transaction card. 16 (8) "Issuer" means a business organization or financial institution or 17 its duly authorized agent which issues a financial transaction card. 18 (9) "Personal identification code" means any numerical and/or alphabeti- 19 cal code assigned to the card holder of a financial transaction card by the 20 issuer to permit the authorized electronic use of that FTC. 21 (10) "Personal identifying information" means the name, address, 22 telephone number, driver's license number, social security number, place of 23 employment, employee identification number, mother's maiden name, checking 24 account number, savings account number, financial transaction card number, or 25 personal identification code of an individual person, or any other numbers 26 which can be used to access a person's financial resources. 27 (11) "Revoked financial transaction card" means a n FTC 28 which is no longer valid because permission to use it has been suspended or 29 terminated by the issuer with actual notice having been made upon the card 30 holder. 31 SECTION 2. That Section 18-3124, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 18-3124. FRAUDULENT USE OF A FINANCIAL TRANSACTION CARD. It is a viola- 34 tion of the provisions of this section for any person with the intent to 35 defraud: 36 (1) To knowingly obtain or attempt to obtain credit or to purchase or 37 attempt to purchase any goods, property, or service, by the use of any false, 38 fictitious, counterfeit, revoked, expired or fraudulently obtained FTC, by any 39 FTCcreditaccount number, or by the use of any FTC 40 issued; 41 (2) To use an FTC to knowingly and willfully exceed the actual balance of 42 the demand deposit account or time deposit account; 43 (3) To use an FTC to willfully exceed an authorized credit line in the 44 amount of one thousand dollars ($1,000) or more, or fiftyper cent45percent (50%) of such authorized credit line, whichever is 46 greater; 47 (4) To willfully deposit into his account or any other account by means 48 of an automatic banking device, any false, forged, fictitious, altered or 49 counterfeit check draft, money order, or any other such document; 50 (5) To make application for an FTC to an issuer, while knowingly making 51 or causing to be made a false statement or report relative to his name, occu- 52 pation, financial condition, assets, or to willfully and substantially53under valueundervalue any indebtedness for the purposes 3 1 of influencing the issuer to issue an FTC; 2 (6) To knowingly sell or attempt to sell credit card sales drafts to an 3 authorized credit card merchant or any other person or organization, for any 4 consideration whether at a discount or otherwise, or present or cause to be 5 presented to the issuer or an authorized credit card merchant, for payment or 6 collection, any credit card sales draft, or purchase or attempt to purchase 7 any credit card sales draft for presentation to the issuer or an authorized 8 credit card merchant for payment or collection if: 9 (a) Such draft is counterfeit or fictitious; 10 (b) The purported sale evidenced by such credit card sales draft did not 11 take place; 12 (c) The purported sale was not authorized by the card holder; 13 (d) The items or services purported to be sold as evidenced by such 14 credit card sales draft are not delivered or rendered to the card holder 15 or person intended to receive them; or 16 (e) If purportedly delivered or rendered, such goods or services are of 17 materially lesser value or quality from that intended by the purchaser, or 18 are materially different from goods or services represented by the seller 19 or his agent to the purchaser, or have substantial discrepancies from 20 goods or services impliedly represented by the purchase price when com- 21 pared with the actual goods or services purportedly delivered or rendered. 22 (7) To knowingly keep or maintain in any manner carbon or other impres- 23 sions or copies of credit card sales drafts, and to use such impressions or 24 copies for the purpose of creating any fictitious or counterfeit credit sales 25 draft, or to engage in any other activity prohibited in this section. 26 SECTION 3. That Chapter 31, Title 18, Idaho Code, be, and the same is 27 hereby amended by the addition thereto of a NEW SECTION , to be 28 known and designated as Section 18-3126, Idaho Code, and to read as follows: 29 18-3126. MISAPPROPRIATION OF PERSONAL IDENTIFYING INFORMATION. It is 30 unlawful for any person to obtain or record personal identifying information 31 of another person without the authorization of that person, with the intent 32 that the information be used to obtain, or attempt to obtain, credit, money, 33 goods or services in the name of the other person without the consent of that 34 person. 35 SECTION 4. That Section 18-3126, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 18-31267 . RECEIVING OR POSSESSING FRAUDULENTLY 38 OBTAINED GOODS OR SERVICES. It is unlawful for any person to receive, retain, 39 conceal, possess or dispose of personal property, cash or other representative 40 of value, who knows or has reason to believe the property, cash or other rep- 41 resentative of value has been obtained by fraud as set forth in sections 42 18-3123, 18-3124 ,and18-3125A and 18-3126 43 , Idaho Code. 44 SECTION 5. That Section 18-3127, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 18-31278 . PENALTY FOR VIOLATION. (1) Any person 47 found guilty of a violation of section 18-3124, 18-3125, 18-3125A , 48or18-3126 or 18-3127 , Idaho Code, is guilty 49 of a misdemeanor. In the event that the retail value of the goods obtained or 4 1 attempted to be obtained through any violation of the provisions of section 2 18-3124, 18-3125A ,or18-3126 or 18-3127 3 , Idaho Code, exceeds three hundred dollars ($300), any such violation 4 will constitute a felony, and will be punished as provided in this section. 5 (2) For purposes of this section, the punishment for a misdemeanor shall 6 be a fine of up to one thousand dollars ($1,000) or up to one (1) year in the 7 county jail, or both such fine and imprisonment. 8 (3) For purposes of this section, the punishment for a felony shall be a 9 fine of up to fifty thousand dollars ($50,000) or imprisonment in the state 10 prison not exceeding five (5) years, or both such fine and imprisonment.
STATEMENT OF PURPOSE
RS 08557
This legislation creates a new crime of identity theft by amending Chapter 31 of Title I S,
Idaho Code. In addition to amending certain specific code sections, the legislation creates a
new Idaho Code 18-3126 which makes it unlawful for any person to obtain or record
personal identifying information of another individual with the intent of using the acquired
information to obtain credit cards or other forms of credit which might then be used to obtain
money or goods.
Nationwide, as well as in Idaho, there are increasing incidents of what is called identity theft.
In Idaho, prosecutors have been frustrated by the lack of a code section which makes obtaining
credit in another's name a criminal act.
FISCAL NOTE
There is no fiscal impact upon the general fund of the State of Idaho.
CONTACT: Representative Tom Trail
334-1000
William A. von Tagen, Deputy Attorney General
Division Chief, Intergovernmental and Fiscal Law Division
334-4140
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 110