House of Representatives

HB 2327

identity theft

Sponsors: Representative Marsh

 

DPA

Committee on Judiciary

X

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 was adopted by the Judiciary Committee.  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 sale or transfer of personal identifying information with intent to obtain, use, sell or transfer the other person’s identity for any unlawful purpose or to cause loss to a person.

 

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

 

HB 2327 was amended in the Judiciary Committee as follows:

 

·                      Removes proposed language that makes possessing, selling or transferring any written instrument containing personal identifying information a Class 5 felony.

 

·                      Removes exemption for law enforcement officers who possess a written instrument or personal identifying information while engaged in any undercover investigation in the proper discharge of the officer’s official duties.

 

·                      Removes one section that defines a term that is not listed in the section of law.

 

·                      Makes technical and conforming changes

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·                      45th Legislature                                                                                                                       

·                      First Regular Session                           2                                                      February 22, 2001

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