Assigned to JUD                                                                                                                              FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2282

 

identity theft

(NOW: theft of identity)

 

Purpose

 

Clarifies that identity theft may occur whether or not the victim suffers any economic loss as a result of the offense.

 

Background

 

            Under current law, taking, using, selling or transferring another person’s personal identifying information is punishable as a class 4 felony.  Personal identifying information includes identifiers such as a name, driver license number, address, telephone number, social security number, birth date, savings or checking account number, credit card number, mother’s maiden name, fingerprint or retinal image.  H.B. 2282 emphasizes that economic loss is unnecessary to uphold identity theft charges.

 

Last year the definition of “victim” was removed from the identity theft statute because the term was not used in the section.  The definition of victim included victims who did not suffer any economic loss. Victims’ rights groups want economic loss language reinserted to clarify that offenders can be charged with identity theft regardless of a victim’s pecuniary loss.

 

            Any potential impact on the state general fund is undetermined at this time.

 

Provisions

 

1.      Stipulates that taking, using, selling or transferring any personal information of another person may be identity theft whether or not the person actually suffers any economic loss as a result of the offense.

 

2.      Provides for a general effective date.

 

House Action

 

JUD                 2/5/02              DPA/SE           9-0-0-1-0

3rd Read           3/21/02                                    56-0-4-0

 

 

Prepared by Senate Staff

March 28, 2002