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Sub. H. B. No. 309As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Hughes, Calvert, Carmichael, Collier, Fessler, Goodman, Hoops, Latta, Lendrum, Olman, Reidelbach, Schaffer, Schmidt, G. Smith, Key, R. Miller, Womer Benjamin, Sulzer, Seaver, S. Smith, Brown, Faber, Willamowski, Setzer, Flowers, Wolpert, McGregor, Aslanides, Core, Evans, Ogg, Carano, Mason, Cirelli, D. Miller, Allen, Coates, Otterman, Latell, Seitz, Metzger, Wilson, Schneider, Distel, Woodard, DeBose, Sferra, Rhine, Manning, Krupinski, Roman, Kearns, Reinhard, Damschroder, Widowfield, Hollister, Niehaus, Buehrer, Hagan, Cates, Raga, Webster, Gilb, Boccieri, Barrett, Driehaus, Britton
SENATOR Herington
A BILL
To amend sections 317.24 and 2913.49 and to enact
section 317.42 of the Revised Code to
revise
the
elements of and the penalty for taking the
identity
of
another and rename the offense as identity
fraud, to permit a discharged member of the
armed
forces to expunge specified items from the county
recorder's record
of discharge and other
service-related documents, and to require a county
recorder to
post a notice stating that anything
filed in the
recorder's office is a public record.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 317.24 and 2913.49 be amended and
section 317.42 of the Revised Code be
enacted to read as follows:
Sec. 317.24. (A) Upon request of any discharged member of
the armed forces of the United States and presentation of the
member's discharge, the county recorder shall record the discharge
in a
book to be furnished by the board of county commissioners for
that purpose. There shall be no fee for the recording. The
record of discharge, or a certified copy of the record, shall be
received in evidence in all cases where the original discharge
would be received. (B) Upon application by a person whose discharge has been
recorded pursuant to this section, the county recorder shall,
without fee, expunge the person's record of discharge
or, expunge
the
person's separation program number
or separation code from the
person's record
of discharge
and from any of the person's other
service-related documents that have been recorded, or expunge the
person's social security number from the person's record of
discharge and from any of the person's other service-related
documents that have been recorded. The
application shall be in
the following form: "APPLICATION FOR EXPUNGEMENTOF DISCHARGE RECORD
OR OTHER INFORMATIONI, ................ (Name of Applicant), the undersigned,
hereby request the County Recorder of the County of ............
(Name of County), state of Ohio, to expunge my .......... (Insert
either Record of Discharge
or, Separation Program Number
or
Separation Code from my
Record of Discharge
and other
service-related documents, or Social Security Number from my
Record of Discharge and other service-related documents). Dated this .......... day of .........., .....
................................. Sworn to and subscribed before me by ............ (Name of
Applicant) on .........., .....
........................................ My commission expires .........., ....." (C) "Separation
As used in this section:
(1) "Separation code" or "separation program number" means
the coded number or
numbers used to specify the reasons for a
person's separation
from
active duty, as contained in
one of the
following: (a) Regarding a separation code, as contained in line 23 or
26 of a veteran's discharge paper, United States department of
defense form DD-214; (b) Regarding a separation program number, as contained in
line 9 (c) or line 11 (c) of a
veteran's discharge paper,
under
prior versions of United States department of defense
form DD-214.
(2) "Service-related document" means any United States
department of defense form DD-215 or DD-220, or any National Guard
Bureau form NGB-22 or NGB-22A. (D) Upon the request of any person who served during World
War I or World War II as a member of any armed force of the
government of Poland or Czechoslovakia and participated while so
serving in armed conflict with an enemy of the United States and
who has been a citizen of the United States for at least ten
years, and the presentation of the person's discharge, the
county
recorder shall record the person's discharge in a
book to be
furnished by the board of county commissioners for that purpose.
No fee shall be charged for the recording. The record, or a
certified copy of
it, shall be received in evidence in all cases
where the original
would be received.
Sec. 317.42. (A) The county recorder shall display at all
times, in a conspicuous place in the office of the recorder, a
printed card that shall read substantially as follows: "WARNING
Documents recorded in the recorder's office generally are
considered to be public records. Other persons have access to the
information contained in recorded documents."
(B) If the county recorder fails to post a card in
accordance with division (A) of this section, the county recorder
is not liable in a civil action for injury, death, or loss to
person or property that allegedly results from that failure.
Sec. 2913.49. (A) As used in this section,
"personal
identifying information" includes, but is not limited to, the
following: the name, address,
telephone number, driver's license,
driver's license number,
commercial driver's license, commercial
driver's license number,
state identification card, state
identification card number,
social security card, social security
number,
birth certificate, place of
employment, employee
identification number,
mother's maiden
name, demand deposit
account number, savings
account number,
money market account
number, mutual fund account
number, other
financial account
number, personal identification
number,
password, or credit card
number of a living or dead
individual. (B) No person, without the
express or implied consent of the
other person, shall
use,
obtain,
or possess, or use
any
personal
identifying information of
any
living or dead
individual
with the intent to fraudulently
obtain credit,
property, or services or avoid
the payment of a
debt or any other
legal obligation
another person with intent to
do either of the following: (1) Hold the person out to be the other person;
(2) Represent the other person's personal identifying
information as the
person's own personal
identifying information. (C) No person shall create, obtain, possess, or use the
personal
identifying information of any
living or dead individual
person
with the intent to
aid or abet another
person in violating
division (B) of this section. (D)
No person, with intent to defraud, shall permit another
person to use the person's own personal identifying information. (E) No person who is permitted to use another person's
personal identifying information as described in division (D) of
this section shall use, obtain, or possess the other person's
personal identifying information with intent to defraud any person
by doing any act identified in division (B)(1) or (2) of this
section. (F)(1)
It is an affirmative defense to a charge under
division
(B) of this section that the person using the personal
identifying information is
acting in accordance with a legally
recognized guardianship or
conservatorship or as a trustee or
fiduciary. (2) It is an affirmative defense to a charge under division
(B), (D), or (E) of this section that either of the following
applies: (a) The person or entity using the personal identifying
information is a law enforcement agency, authorized fraud
personnel, or
a representative of or attorney for a law
enforcement agency or
authorized fraud personnel and is using the
personal identifying
information in a bona fide investigation, an
information security
evaluation, a pretext calling evaluation, or
a similar matter. (b) The personal identifying information was obtained,
possessed, or used for a lawful purpose. (G) It is not a defense to a charge under this section that
the person whose personal identifying information was obtained,
possessed, or used was deceased at the time of the offense. (H)(1) If the violation of division (B), (D), or (E) of
this
section
occurs as part of a course of conduct involving
other
violations
of division (B), (D), or (E) of this section or
violations of,
attempts
to
violate, conspiracies to violate, or
complicity in violations of
division
(C) of this section or
section 2913.02, 2913.04, 2913.11,
2913.21,
2913.31, 2913.42,
2913.43, or 2921.13 of the
Revised
Code, the court, in determining
the degree of the offense pursuant
to division
(E)(I) of this
section, may
aggregate all credit,
property, or services obtained
or sought
to be obtained by the
offender and all debts or other
legal
obligations avoided or
sought to be avoided by the offender
in
the violations involved in
that course of
conduct. The course
of conduct may involve one
victim or more than one
victim. (2) If the violation of division (C) of this section occurs
as
part of a course of conduct involving other violations of
division
(C)
of this section or violations of, attempts to
violate, conspiracies to
violate, or complicity in violations of
division (B), (D), or (E) of this section
or section 2913.02,
2913.04, 2913.11,
2913.21, 2913.31, 2913.42, 2913.43, or
2921.13
of the Revised
Code, the court, in determining the
degree of the
offense pursuant
to division
(E)(I) of this section, may
aggregate
all credit,
property, or services obtained or sought to be
obtained by the
person aided or abetted and all debts or other
legal
obligations
avoided or sought to be avoided by the person
aided or abetted
in
the violations involved in that course of
conduct. The course of
conduct may involve one victim or more
than one victim. (E)(I) Whoever violates
this section is guilty of
taking the
identity
of another
fraud.
Except as otherwise provided in this
division,
taking the
identity
of another
fraud is a misdemeanor of
the
first degree. If
the value of the credit, property, services,
debt, or other
legal obligation involved in the violation or
course of conduct is five
hundred dollars or more and is
less than
five thousand dollars,
taking the identity
of another
fraud is a
felony
of the
fifth
fourth degree. If the value of the credit,
property,
services, debt, or other legal obligation involved in
the
violation
or course of conduct is
five thousand dollars or
more
and is less than one hundred
thousand dollars,
taking the
identity
of another
fraud is a felony of
the
fourth
third degree.
If the value
of the
credit, property,
services, debt, or other
legal obligation
involved in the violation or course
of conduct is
one
hundred
thousand dollars or more,
taking the identity
of
another
fraud
is a
felony of the
third
second degree.
Section 2. That existing sections 317.24 and 2913.49 of the
Revised Code
are hereby repealed.
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