House of Representatives

HB 2327

identity theft

Sponsors: Representative Marsh

 

X

Committee on Judiciary

 

Caucus and COW

 

 

As Passed the House

 

HB 2327 as introduced adds a new section to Arizona statute to prohibit unlawful possession or use of  personal identifying information with the intent to establish a false identity.  A same-subject strike-everything amendment has been drafted for consideration.  The history and provisions follow.

 

History

 

Currently, 42 states, including Arizona, have laws against identity theft.  Arizona’s current law prohibits a person from taking the identity of another person if it is done knowingly and without consent and with the intent to obtain or use the person’s identity for any unlawful purpose or to cause loss to the person.

 

Federal law also prohibits a person from knowingly transferring or using another person’s identity with the intent to break the law.

 

Provisions

 

·                      Adds counterfeiting, washing and connecting different parts of the whole of more than one genuine instrument to the definition of falsely alters a written instrument.

 

·                      Adds savings or checking account number, credit card or debit card number, mother’s maiden name, fingerprint, retina image or iris to the definition of personal identifying information.

 

·                      Expands the crime of taking the identity of another person by adding possession, selling or transferring any written instrument containing personal identifying information with intent to establish a false status, occupation, membership, license or identity for a person.  Exempts law enforcement officers who commit this act in the proper discharge of their duties.

 

·                      Makes assuming the identity of another person a Class 4 felony (two years/up to $150,000 fine).

 

·                      Makes possession, sale or transfer of a written instrument used to assume another’s identity a Class 5 felony (one and one-half years/up to $150,000 fine).

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·                      45th Legislature                                                                                                                       

·                      First Regular Session                           2                                                      February 16, 2001

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