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-------------------------------------------------- ¦ REFERENCE TITLE: identity theft; damages; notice ¦ -------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-seventh Legislature ¦ ¦ First Regular Session ¦ ¦ 2005 ¦ ¦ ¦ -------------------------------------------------- ¦ HB 2575 ¦ -------------------------------------------------- ¦ Introduced by ¦ ¦ Representative McClure ¦ --------------------------------------------------
AMENDING SECTION 13-2008, ARIZONA REVISED STATUTES; RELATING TO IDENTITY THEFT.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2008, Arizona Revised Statutes, is amended to read:
13-2008. Taking identity of another person or entity; classification
A. A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, uses, sells, transfers or transmits any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain, use, sell or transfer the other person's or entity's identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense.
B. On the request of a person or entity, a peace officer in any jurisdiction in which an element of the offense is committed, a result of the offense occurs or the person or entity whose identity is taken resides or is located shall take a report. The peace officer may provide a copy of the report to any other law enforcement agency that is located in a jurisdiction in which a violation of this section occurred.
C. If a defendant is alleged to have committed multiple violations of this section within the same county, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any precinct in which a violation is alleged to have occurred. If a defendant is alleged to have committed multiple violations of this section within the state, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any county in which a violation is alleged to have occurred.
D. IF PERSONAL IDENTIFYING INFORMATION IS STOLEN FROM A PERSON OR ENTITY, THE PERSON OR ENTITY SHALL SEND NOTICE TO ITS CUSTOMERS WITHIN FORTY-EIGHT HOURS OF THE THEFT DISCOVERY THAT THEIR PERSONAL IDENTIFYING INFORMATION HAS BEEN STOLEN AND SHALL PROVIDE INFORMATION ON WHAT THE CUSTOMERS MAY DO TO PROTECT AGAINST THE UNAUTHORIZED USE OF THEIR PERSONAL IDENTIFYING INFORMATION.
D. E. Taking the identity of another person OR ENTITY is a
class 4 felony.