2005 Legislation
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SENATE BILL NO. 1156 – Personal identity info/armed forces

SENATE BILL NO. 1156

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Bill Status



S1156................................................by JUDICIARY AND RULES
PERSONAL IDENTIFYING INFORMATION - Amends existing law to provide that it
is unlawful for any person to falsely assume or pretend to be a member of
the Armed Forces of the United States or an officer or employee acting
under authority of the United States or any department, agency or office
thereof or of the state of Idaho or any department, agency or office
thereof, and in such pretended character, seek, demand, obtain or attempt
personal identifying information of another person; and to provide felony
penalties for such action.
                                                                        
02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to Jud
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED -34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McKenzie, Noble, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- McGee
    Floor Sponsor - Kelly
    Title apvd - to House
03/04    House intro - 1st rdg - to Jud
03/18    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 59-0-11
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Denney, Edmunson(Barker), Ellsworth, Field(18),
      Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp,
      Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
      Miller, Moyle, Nielsen, Pasley-Stuart, Pence, Raybould, Ringo,
      Roberts, Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Black, Deal, Eskridge, Harwood,
      Mitchell, Nonini, Ring, Rusche, Schaefer, Wills
    Floor Sponsor - Nielsen
    Title apvd - to Senate
03/22    To enrol
03/23    Rpt enrol - Pres signed
03/24    Sp signed
03/25    To Governor
03/31    Governor signed
         Session Law Chapter 219
         Effective: 03/31/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1156
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ACQUISITION OF PERSONAL IDENTIFYING INFORMATION BY  FALSE  AUTHOR-
  3        ITY;  AMENDING  CHAPTER 31, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW
  4        SECTION 18-3126A, IDAHO CODE, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY  PER-
  5        SON TO FALSELY ASSUME OR PRETEND TO BE A MEMBER OF THE ARMED FORCES OF THE
  6        UNITED  STATES  OR  AN  OFFICER  OR EMPLOYEE ACTING UNDER AUTHORITY OF THE
  7        UNITED STATES OR ANY DEPARTMENT, AGENCY OR OFFICE THEREOF OR OF THE  STATE
  8        OF  IDAHO  OR  ANY  DEPARTMENT, AGENCY OR OFFICE THEREOF, AND IN SUCH PRE-
  9        TENDED CHARACTER, SEEK, DEMAND, OBTAIN OR ATTEMPT TO OBTAIN PERSONAL IDEN-
 10        TIFYING INFORMATION OF ANOTHER PERSON; AND AMENDING SECTION 18-3128, IDAHO
 11        CODE, TO PROVIDE FELONY PENALTIES FOR THE CRIME OF ACQUISITION OF PERSONAL
 12        IDENTIFYING INFORMATION BY FALSE AUTHORITY; AND DECLARING AN EMERGENCY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Chapter 31, Title 18, Idaho Code, be,  and  the  same  is
 15    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 16    ignated as Section 18-3126A, Idaho Code, and to read as follows:
                                                                        
 17        18-3126A.  ACQUISITION  OF  PERSONAL  IDENTIFYING  INFORMATION  BY   FALSE
 18    AUTHORITY.  It is unlawful for any person to falsely assume or pretend to be a
 19    member of the armed forces of the United States or an officer or employee act-
 20    ing under authority of the United States or any department, agency  or  office
 21    thereof  or of the state of Idaho or any department, agency or office thereof,
 22    and in such pretended character, seek, demand, obtain  or  attempt  to  obtain
 23    personal identifying information of another person.
                                                                        
 24        SECTION  2.  That  Section 18-3128, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        18-3128.  PENALTY FOR VIOLATION. (1) Any person found guilty of  a  viola-
 27    tion  of  section 18-3124, 18-3125A, 18-3126 or 18-3127, Idaho Code, is guilty
 28    of a misdemeanor. In the event that the retail value of the goods obtained  or
 29    attempted  to  be  obtained through any violation of the provisions of section
 30    18-3124, 18-3125A, 18-3126 or 18-3127, Idaho Code, exceeds three hundred  dol-
 31    lars ($300), any such violation will constitute a felony, and will be punished
 32    as provided in this section. Any person found guilty of a violation of section
 33    18-3126A, Idaho Code, is guilty of a felony.
 34        (2)  For  purposes of this section, the punishment for a misdemeanor shall
 35    be a fine of up to one thousand dollars ($1,000) or up to one (1) year in  the
 36    county jail, or both such fine and imprisonment.
 37        (3)  For  purposes of this section, the punishment for a felony shall be a
 38    fine of up to fifty thousand dollars ($50,000) or imprisonment  in  the  state
 39    prison not exceeding five (5) years, or both such fine and imprisonment.
                                                                        
 40        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
                                                                        
                                           2
                                                                        
  1    declared to exist, this act shall be in full force and effect on and after its
  2    passage and approval.

Statement of Purpose / Fiscal Impact



                                       STATEMENT OF PURPOSE

                                           RS 15025C1

This proposed legislation deals with identity theft.  Specifically, this proposal creates a new code
section, Idaho Code  18-3126A, and amends Idaho Code  18-3128 to create a felony when a
private person falsely pretends or assumes the position of a member of the armed forces of the
United States or an officer or employee of either the federal or state government and, while
falsely acting under this color of authority, demands, obtains, or attempts to obtain personal
identifying information about another person.


  
                                          FISCAL NOTE

This proposal carries no fiscal impact.      



     
Contact
Name:  William von Tagen
       Office of the Attorney General 
Phone: 334-4140

     


STATEMENT OF PURPOSE/FISCAL NOTE                                            S 1156