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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