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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
]]]] 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 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