Alabama FCRA / ID THEFT
Date: Tue, 04/26/2005 - 05:29
Section 1. This act shall be known as "The Consumer Identity Protection Act."
Section 2. For purposes of this act, the following words shall have the following meanings:
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Identification Documents. Any papers, cards, or other documents issued by federal, state, or local governmental authorities that are used specifically to identify a person. Identification documents include, but are not limited to, driver's licenses, military identification cards, passports, birth certificates, social security cards, and other government-issued identification cards.
Identifying Information. Any information, used either alone or in conjunction with other information, that specifically identifies a person or a person's property, and includes, but is not limited to, any of the following information related to a person:
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Name
Date of Birth
Social Security number
Driver's license number
Financial services account numbers, including checking and savings accounts.
Credit or debit card numbers
Personal identification numbers (PIN)
Electronic identification codes
Automated or electronic signatures
Biometric data
Fingerprints
Passwords
Parent's legal surname prior to marriage
Any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services.
Victim. A person whose identification documents or identifying information are used to perpetrate a crime created by this act.
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Section 3.
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A person commits the crime of identify theft if, without the authorization or permission of the person who is the subject of the identification documents or identifying information, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following:
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Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person.
Obtains goods or services through the use of identifying information of such other person.
Obtains identification documents in such other person's name.
Identity theft in which there is a financial loss or greater then $250 or the defendant has previously been convicted of identity theft constitutes identity theft in the first degree. Identity theft in the first degree is a Class C felony.
Identity theft in which the defendant has not previously been convicted of identity theft and there is no financial loss or the financial loss is equal to or less then $250 constitutes identify theft in the second degree. Identity theft in the second degree is a Class A misdemeanor.
This section shall not apply when a person obtains the identity of another person to misrepresent his age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.
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Section 4.
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A person commits the crime of trafficking in stolen identities when he or she manufactures, sells, transfers, purchases, or possesses, with intent to manufacture, sell, transfer, or purchases, identification documents or identifying information for the purpose of committing identity theft.
Possession of five or more identification documents of the same person shall be prima facie evidence that the identities are possessed for the purpose of trafficking.
Trafficking in stolen identities is a Class B felony.
Section 5.
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A person commits the crime of obstructing justice using a false identity if he or she uses identification documents or identifying information of another person or a fictitious person to avoid summons, arrest, prosecution, or to impede a criminal investigation.
Obstructing justice using a false identity is a Class C Felony.
Section 6. Upon conviction for any crime in this act, in addition to any other punishment, a person found guilty shall be ordered by the court to make restitution for financial loss caused by the criminal violation of this act to any person whose identifying information was appropriated. Financial loss may include any costs incurred by the victim in correcting the credit history or credit rating of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligations resulting from the theft of the victim's identification documents or identifying information, including lost wages and attorney's fees. The court may order restitution for financial loss to any other person or entity that suffers a loss from the violation.
Section 7. In any criminal proceeding brought pursuant to this act, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that country, or in the county of residence of the person who is the subject of the identification documents or identifying information.
Section 8. In any case in which a person obtains identification documents or identifying information of another person in violation of this act, uses the documents or information to commit a crime in addition to a violation of this act, and is convicted of that additional crime, the court records for the additional crime shall reflect that the person who was the subject of the identification documents or identifying information did not commit the crime.
Section 9.
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Upon a conviction for any crime in violation of this act and at the victim's request, the sentencing court shall issue any orders as are necessary to correct any public or private record that contains false information as a result of a criminal violation of this act. Any order shall be under seal and may be released only as prescribed by this section. The order shall include the following information:
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Information about financial accounts affected by the crime, including, but not limited to, the name of the financial institution, the account number, amount of money involved in the crime, and the date of the crime.
The specific identifying information and identification documents used to commit the crime.
A description of the perpetrator of the crime.
The victim may release the orders as follow:
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The victim may submit this order in any civil proceeding to set aside a judgment against the victim involving the specific account and amounts as determined by the criminal sentencing court. The order shall remain sealed in the civil proceeding.
The victim may submit the order to any governmental entity or private business as proof that any financial accounts therein created or altered were a result of the crime and not the actions of the victim.
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Section 10
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In addition to any other remedies provided by law, a person who was the subject of identification documents or identifying information and who has suffered loss as a result of a criminal violation of this act pertaining to those identification documents or identifying information may bring action in his or her county of residence or any county in which any part of the crime took place, regardless of whether the defendant who committed the criminal violation was ever actually present in that county, against the defendant to recover the following:
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Five thousand dollars ($5,000) for each incident, or three times the actual damages whichever is the greater.
Reasonable attorney's fees and court costs.
The statute of limitations for cases under the provisions of this section shall be five year from the earlier of the date of discovery of the offense or when the offense reasonably should have been discovered.
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Section 11.
(a) As used in this section, the following words shall have the following meanings:
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Consumer Credit Report. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended.
Consumer Reporting Agency. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended.
Person. Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency or other entity.
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(b)If a consumer submits to a consumer reporting agency a court order as described in Section 9, the consumer reporting agency shall, within 30 days of receipt, employ reasonable procedures to block reporting any information in the consumer's credit report identified in the court order that is the result of a criminal violation of the Consumer Identity Protection Act so that the information cannot be reported and, at the consumer's request, include the fact of the order in the consumer's credit report. The consumer reporting agency shall promptly notify the furnisher of the information that a court order has been filed, that a block has been established, and the effective date of the block.
The block on information may be rescinded only by a subsequent order from the court that originally issued the order pursuant to Section 9.
If the block of information is rescinded pursuant to this section, the consumer shall be promptly notified in the same manner as the consumers are notified of the reinsertion of the information pursuant to section 611 of the Federal Fair Credit Reporting Act, 15 USC section 1981i, as amended.
A consumer harmed by an intentional or reckless violation of this section may maintain an action for actual damages caused by a violation of this section and injective relief against the person who violated this section. A judgment in favor of the consumer shall include an award of attorney's fees.
It shall be defense to any action or proceeding brought under this section that the defendant has established and implemented reasonable practices and procedures to comply with the requirements of this section. No action or proceeding may be brought under this section more then two years after the person bringing the action knew or should have known of the occurrence of the alleged violation.
Section 12. Upon request by a victim of a crime created by this act, identification documents issued by a state, county, or municipal agency and used to perpetrate a crime created by this act shall be reissued at no charge to the victim. An agency may require proof of the criminal activity, such as a police report, before reissuing the identification documents.
Section 13. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.
Section 14. The provisions of this act are severable. If any part of this act or the application of such part to any person or circumstance is declared invalid or unconstitutional, that declaration shall affect neither the part that remains nor the application of such part to any person.
Section 15. This act shall not be construed to repeal other criminal laws. Whenever conduct proscribed by any provision of this act is also proscribed by any other provision of law, the provision which carries the more serious penalty shall apply.
Section 16. This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming a law.
Section 2. For purposes of this act, the following words shall have the following meanings:
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Section 3.
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Section 4.
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Section 5.
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Section 6. Upon conviction for any crime in this act, in addition to any other punishment, a person found guilty shall be ordered by the court to make restitution for financial loss caused by the criminal violation of this act to any person whose identifying information was appropriated. Financial loss may include any costs incurred by the victim in correcting the credit history or credit rating of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligations resulting from the theft of the victim's identification documents or identifying information, including lost wages and attorney's fees. The court may order restitution for financial loss to any other person or entity that suffers a loss from the violation.
Section 7. In any criminal proceeding brought pursuant to this act, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that country, or in the county of residence of the person who is the subject of the identification documents or identifying information.
Section 8. In any case in which a person obtains identification documents or identifying information of another person in violation of this act, uses the documents or information to commit a crime in addition to a violation of this act, and is convicted of that additional crime, the court records for the additional crime shall reflect that the person who was the subject of the identification documents or identifying information did not commit the crime.
Section 9.
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Section 10
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Section 11.
(a) As used in this section, the following words shall have the following meanings:
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Section 12. Upon request by a victim of a crime created by this act, identification documents issued by a state, county, or municipal agency and used to perpetrate a crime created by this act shall be reissued at no charge to the victim. An agency may require proof of the criminal activity, such as a police report, before reissuing the identification documents.
Section 13. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.
Section 14. The provisions of this act are severable. If any part of this act or the application of such part to any person or circumstance is declared invalid or unconstitutional, that declaration shall affect neither the part that remains nor the application of such part to any person.
Section 15. This act shall not be construed to repeal other criminal laws. Whenever conduct proscribed by any provision of this act is also proscribed by any other provision of law, the provision which carries the more serious penalty shall apply.
Section 16. This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming a law.
Hi, Your explanation of The Consumer Identity Protection Act is
Hi,
Your explanation of The Consumer Identity Protection Act is really very easy to understand for everyone.
Really appreciate your efforts in the forum.
Keep going
Mike
RE:
Hi Pammila,
Your knowledge and involvement in the forum is really commendable. You are really of great value to us. I hope you will be an active participant in making our mission of building a debt free community a huge success.:D 8)
Regards,
Jason
