SENATOR Herington

To amend sections 317.24 and 2913.49 and to enact

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section 317.42 of the Revised Code to revise the

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elements of and the penalty for taking the identity

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of another and rename the offense as identity

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fraud, to permit a discharged member of the armed

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forces to expunge specified items from the county

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recorder's record of discharge and other

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service-related documents, and to require a county

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recorder to post a notice stating that anything

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filed in the recorder's office is a public record.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 317.24 and 2913.49 be amended and	11
section 317.42 of the Revised Code be enacted to read as follows:	12

Sec. 317.24.  (A) Upon request of any discharged member of	13
the armed forces of the United States and presentation of the	14
member's discharge, the county recorder shall record the discharge	15
in a book to be furnished by the board of county commissioners for	16
that purpose. There shall be no fee for the recording. The	17
record of discharge, or a certified copy of the record, shall be	18
received in evidence in all cases where the original discharge	19
would be received.	20

(B) Upon application by a person whose discharge has been	21
recorded pursuant to this section, the county recorder shall,	22
without fee, expunge the person's record of discharge or, expunge	23
the person's separation program number or separation code from the	24
person's record of discharge and from any of the person's other	25
service-related documents that have been recorded, or expunge the	26
person's social security number from the person's record of	27
discharge and from any of the person's other service-related	28
documents that have been recorded. The application shall be in	29
the following form:	30

"APPLICATION FOR EXPUNGEMENT

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OF DISCHARGE RECORD OR OTHER INFORMATION

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I, ................ (Name of Applicant), the undersigned,	33
hereby request the County Recorder of the County of ............	34
(Name of County), state of Ohio, to expunge my .......... (Insert	35
either Record of Discharge or, Separation Program Number or	36
Separation Code from my Record of Discharge and other	37
service-related documents, or Social Security Number from my	38
Record of Discharge and other service-related documents).	39

Dated this .......... day of .........., .....

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.................................

(Signature of Applicant)

Sworn to and subscribed before me by ............ (Name of	41
Applicant) on .........., .....	42

........................................

Notary	43
Public

My commission expires .........., ....."

(C) "SeparationAs used in this section:

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(1) "Separation code" or "separation program number" means	45
the coded number or numbers used to specify the reasons for a	46
person's separation from active duty, as contained in one of the	47
following:	48

(a) Regarding a separation code, as contained in line 23 or	49
26 of a veteran's discharge paper, United States department of	50
defense form DD-214;	51

(b) Regarding a separation program number, as contained in	52
line 9 (c) or line 11 (c) of a veteran's discharge paper, under	53
prior versions of United States department of defense form DD-214.	54

(2) "Service-related document" means any United States	55
department of defense form DD-215 or DD-220, or any National Guard	56
Bureau form NGB-22 or NGB-22A.	57

(D) Upon the request of any person who served during World	58
War I or World War II as a member of any armed force of the	59
government of Poland or Czechoslovakia and participated while so	60
serving in armed conflict with an enemy of the United States and	61
who has been a citizen of the United States for at least ten	62
years, and the presentation of the person's discharge, the county	63
recorder shall record the person's discharge in a book to be	64
furnished by the board of county commissioners for that purpose.	65
No fee shall be charged for the recording. The record, or a	66
certified copy of it, shall be received in evidence in all cases	67
where the original would be received.	68

Sec. 317.42. (A) The county recorder shall display at all	69
times, in a conspicuous place in the office of the recorder, a	70
printed card that shall read substantially as follows:	71

"WARNING

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Documents recorded in the recorder's office generally are	73
considered to be public records. Other persons have access to the	74
information contained in recorded documents."	75

(B) If the county recorder fails to post a card in	76
accordance with division (A) of this section, the county recorder	77
is not liable in a civil action for injury, death, or loss to	78
person or property that allegedly results from that failure.	79

Sec. 2913.49.  (A) As used in this section, "personal	80
identifying information" includes, but is not limited to, the	81
following: the name, address, telephone number, driver's license,	82
driver's license number, commercial driver's license, commercial	83
driver's license number, state identification card, state	84
identification card number, social security card, social security	85
number, birth certificate, place of employment, employee	86
identification number, mother's maiden name, demand deposit	87
account number, savings account number, money market account	88
number, mutual fund account number, other financial account	89
number, personal identification number, password, or credit card	90
number of a living or dead individual.	91

(B) No person, without the express or implied consent of the	92
other person, shall use, obtain, or possess, or use any personal	93
identifying information of any living or dead individual with the	94
intent to fraudulently obtain credit, property, or services or	95
avoid the payment of a debt or any other legal obligationanother	96
person with intent to do either of the following:	97

(1) Hold the person out to be the other person;

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(2) Represent the other person's personal identifying	99
information as the person's own personal identifying information.	100

(C) No person shall create, obtain, possess, or use the	101
personal identifying information of any living or dead individual	102
person with the intent to aid or abet another person in violating	103
division (B) of this section.	104

(D) No person, with intent to defraud, shall permit another	105
person to use the person's own personal identifying information.	106

(E) No person who is permitted to use another person's	107
personal identifying information as described in division (D) of	108
this section shall use, obtain, or possess the other person's	109
personal identifying information with intent to defraud any person	110
by doing any act identified in division (B)(1) or (2) of this	111
section.	112

(F)(1) It is an affirmative defense to a charge under	113
division (B) of this section that the person using the personal	114
identifying information is acting in accordance with a legally	115
recognized guardianship or conservatorship or as a trustee or	116
fiduciary.	117

(2) It is an affirmative defense to a charge under division	118
(B), (D), or (E) of this section that either of the following	119
applies:	120

(a) The person or entity using the personal identifying	121
information is a law enforcement agency, authorized fraud	122
personnel, or a representative of or attorney for a law	123
enforcement agency or authorized fraud personnel and is using the	124
personal identifying information in a bona fide investigation, an	125
information security evaluation, a pretext calling evaluation, or	126
a similar matter.	127

(b) The personal identifying information was obtained,	128
possessed, or used for a lawful purpose.	129

(G) It is not a defense to a charge under this section that	130
the person whose personal identifying information was obtained,	131
possessed, or used was deceased at the time of the offense.	132

(H)(1) If the violation of division (B), (D), or (E) of this	133
section occurs as part of a course of conduct involving other	134
violations of division (B), (D), or (E) of this section or	135
violations of, attempts to violate, conspiracies to violate, or	136
complicity in violations of division (C) of this section or	137
section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42,	138
2913.43, or 2921.13 of the Revised Code, the court, in determining	139
the degree of the offense pursuant to division (E)(I) of this	140
section, may aggregate all credit, property, or services obtained	141
or sought to be obtained by the offender and all debts or other	142
legal obligations avoided or sought to be avoided by the offender	143
in the violations involved in that course of conduct. The course	144
of conduct may involve one victim or more than one victim.	145

(2) If the violation of division (C) of this section occurs	146
as part of a course of conduct involving other violations of	147
division (C) of this section or violations of, attempts to	148
violate, conspiracies to violate, or complicity in violations of	149
division (B), (D), or (E) of this section or section 2913.02,	150
2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13	151
of the Revised Code, the court, in determining the degree of the	152
offense pursuant to division (E)(I) of this section, may aggregate	153
all credit, property, or services obtained or sought to be	154
obtained by the person aided or abetted and all debts or other	155
legal obligations avoided or sought to be avoided by the person	156
aided or abetted in the violations involved in that course of	157
conduct. The course of conduct may involve one victim or more	158
than one victim.	159

(E)(I) Whoever violates this section is guilty of taking the	160
identity of anotherfraud. Except as otherwise provided in this	161
division, taking the identity of anotherfraud is a misdemeanor of	162
the first degree. If the value of the credit, property, services,	163
debt, or other legal obligation involved in the violation or	164
course of conduct is five hundred dollars or more and is less than	165
five thousand dollars, taking the identity of anotherfraud is a	166
felony of the fifthfourth degree. If the value of the credit,	167
property, services, debt, or other legal obligation involved in	168
the violation or course of conduct is five thousand dollars or	169
more and is less than one hundred thousand dollars, taking the	170
identity of anotherfraud is a felony of the fourththird degree.	171
If the value of the credit, property, services, debt, or other	172
legal obligation involved in the violation or course of conduct is	173
one hundred thousand dollars or more, taking the identity of	174
anotherfraud is a felony of the thirdsecond degree.	175

Section 2. That existing sections 317.24 and 2913.49 of the	176
Revised Code are hereby repealed.	177