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H0063................................by JUDICIARY, RULES AND ADMINISTRATION
FALSE PERSONATION - Amends existing law relating to crimes and punishments
to revise provisions applicable to false personation; and to revise
provisions relating to receiving any money, services or property under
false personation.
01/26 House intro - 1st rdg - to printing
01/29 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 63
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-3001, IDAHO CODE, TO
3 REVISE PROVISIONS APPLICABLE TO FALSE PERSONATION AND TO MAKE TECHNICAL
4 CHANGES; AND AMENDING SECTION 18-3002, IDAHO CODE, TO REVISE DESCRIPTIVE
5 LANGUAGE AND TO REVISE PROVISIONS RELATING TO RECEIVING ANY MONEY, SERVICE
6 OR PROPERTY UNDER FALSE PERSONATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-3001, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-3001. FALSE PERSONATION. Every person who falsely personates another,
11 and in such assumed character, either:
12 (1.) Becomes bail or surety for any party in any proceeding whatever,
13 before any court or officer authorized to take such bail or surety; or
14 (2.) Verifies, publishes, acknowledges, delivers, passes, transfers,
15 presents or proves in the name of another person, any written document or
16 instrument, with the intent that the same may be recorded, delivered and or
17 used as true and genuine; or
18 (3.) Does any act whereby, if it were done by the person falsely
19 personated, he might in any event, become liable to any suit or prosecution,
20 or to pay any sum of money, or to incur any charge, forfeiture or penalty, or
21 whereby any benefit might accrue to the party personating, or to any other
22 person;
23 Is punishable by imprisonment in the county jail not exceeding two (2)
24 years, or by a fine not exceeding $5000 as a felony.
25 SECTION 2. That Section 18-3002, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 18-3002. RECEIVING MONEY OR PROPERTY UNDER FALSE PERSONATION. Every per-
28 son who falsely personates another, and in such assumed character receives any
29 money, service or property knowing that it is intended to be delivered to or
30 performed for the individual so personated, with intent to convert the same to
31 his own use, or that of another person, or to deprive the owner thereof, is
32 punishable in the same manner and to the same extent as for larceny of the
33 money or property so received as a felony.
STATEMENT OF PURPOSE
RS 16666
The purpose of the amendments to the false personation statutes
of Idaho Code, Sections 18-3001 and 18-3002, is to prevent and
punish "Identity Theft," i.e., when one person takes the identity
of another person or uses another person's private information to
acquire services, benefits, money or other property. Identity
Theft is the fastest growing form of criminal activity in the
United States. The Federal Trade Commission reports that the
occurrence of these particular crimes has grown to epidemic
proportions and the Idaho Attorney General Consumer Protection
Unit often encounters reports of Identity Theft. According to
statistics, in 2004 over 600 Idahoans complained of Identity
Theft, up from 493 in 2003, and 361 in 2002. The proposed
legislation is intended to provide greater protection of personal
identifying information that could be misused to acquire
property, services, money or other benefits. In addition, the
penalty for false personation is enhanced to a felony to provide
for greater punishment, deterrence and protection of society
because victims of Identity Theft often incur significant expense
and time trying to repair the personal and financial damage that
results.
FISCAL NOTE
None.
Contact
Name: Bill von Tagen
Phone: 334-4155
Office of the Attorney General
STATEMENT OF PURPOSE/FISCAL NOTE H 63