Personal Information Security Act Exposed

The Personal Information Security Act was adopted by ALEC's Criminal Justice Task Force at the Annual Meeting on July 3, 2001, approved by the ALEC Board of Directors in September, 2001. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act will define the criminal offense of identity theft or fraud and provide penalties for those convicted of the offense of identity theft or fraud. This Act also creates an identity theft bureau in the {insert state law enforcement agency} and an identity theft division in the office of the state attorney general to coordinate the investigation, apprehension, and prosecution of identity theft offenders and to provide a central clearing house for victims of identity theft to clear their personal records.

Model Bill

Section 1.

This Act shall be cited as the “Personal Information Security Act.”

Section 2. Definitions

A. "Personal identifying information" means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, but not limited to: The name, address, telephone number, driver’s license number, social security number, savings account number, checking account number, credit card number, debit card number, date of birth, place of employment and maiden name of the mother of a person.

B. "Document" includes, but is not limited to official documents containing personal identifying information, or a photocopy print, Photostat and other replica of an official document.

Section 3.

A. It is a violation of this act to use another’s personal identifying information with fraudulent intent.

B. It is a violation of this act for a person to possess, sell or transfer any document or personal identifying information for fraudulent intent for himself or any other person.

Section 4. Penalties

A. A person who violates Section 3, subsection A. or B. is guilty of a crime of the {enter appropriate penalty and fine} if the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is $75,000 or more.

B. A person who violates Section 3, subsection A. or B. is guilty of a crime of the {enter appropriate lesser penalty and fine} if the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is at least $500 but is less than $75,000.

C. A person who violates Section 3, subsection A. or B. is guilty of a crime of the {enter appropriate lesser penalty and fine} if the pecuniary benefit the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is at least $100 but is less than $500.

D. If the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is less than $100, or if the benefit or services received or the injury or fraud perpetrated on another has no pecuniary value, or if the person was unsuccessful in an attempt to receive a benefit or services or to injure or perpetrate a fraud on another, then the person is guilty of a {low class misdemeanor}.

E. In a proceeding under this Act, the crime will be considered to have been committed in any locality where the person whose personal information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.

F. In addition to any other penalty, the court shall order a person convicted of violating Section 3, subsection A. or B. to pay restitution, including, without limitation, any attorney’s fees and costs incurred to:

(a) Repair the credit history or rating of the person whose personal identifying information he obtained and used in violation of Section 3, subsection A. or B.; and

(b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information he obtained and used in violation of Section 3, subsection A. or B.

Section 5. Creation of Identity Theft Bureau and Division

A. The identity theft bureau is created in the {insert name of state law enforcement agency}, to consist of law enforcement officers, assistant attorneys general, and representatives of county prosecuting attorneys experienced in the investigation, apprehension, and prosecution of identity theft offenders. The bureau shall coordinate and assist efforts of law enforcement agencies, prosecuting attorneys, and the attorney general in investigating, apprehending, and prosecuting offenders under this Act.

B. An identity theft division is created in the office of the state attorney general to assist citizens in the prevention, education, and prosecution of identity theft. The identity theft division shall:

(a) Provide a central point of consumer information and education on issues related to identity theft;

(b) Provide technical assistance to businesses developing policies regarding the use of nonpublic personal information, including developing model information privacy policies;

(c) Assist and coordinate with the identity theft bureau of the {insert name of state law enforcement agency} in the prosecution of crimes related to identity theft; and

(d) Serve as a state-wide clearinghouse to assist victims of identity theft in clearing their personal records in a timely manner.

Adopted by ALEC's Criminal Justice Task Force at the Annual Meeting August 3, 2001.

Approved by full ALEC Board of Directors September, 2001.