HB12-1101 Summary

• Clarifies identity theft statute by removing the requirement that a person must know the personal identifying information, financial identifying information, or financial device belongs to another person.

• Makes the element that information or device belongs to another person a strict liability offense, requiring no knowledge or intent regarding ownership.

• Establishes five identity theft conduct methods: (1) knowingly using another's information/device to obtain value; (2) possessing another's information/device with intent to use or aid others; (3) falsely making/altering documents containing another's information with intent to defraud; (4) possessing another's information to apply for financial devices; and (5) possessing another's information to obtain government documents.

• Exempts use or possession of information in compliance with the Federal Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act of 2003, Driver's Privacy Protection Act of 1994, Gramm-Leach-Bliley Act, and Health Insurance Portability and Accountability Act of 1996.

• Takes effect 90 days after final adjournment (August 8, 2012), subject to referendum petition and voter approval if challenged.