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H. B. No. 48 As Passed by the House
As Passed by the House
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Hughes, Aslanides, Combs, C. Evans, D. Evans, Faber, Flowers, Gibbs, Hoops, Kearns, Latta, McGregor, Oelslager, Schaffer, J. Stewart, Taylor, Trakas, Webster, DeGeeter, Otterman, Perry, Gilb, Seaver, Willamowski, D. Stewart, Barrett, Brown, Buehrer, Calvert, Carano, Cassell, Chandler, Collier, Distel, Driehaus, Garrison, Hagan, Harwood, Martin, T. Patton, Peterson, Setzer, G. Smith, Strahorn, Uecker, Wagner, Wagoner, Walcher, Widener, Williams, Wolpert, Yuko
A BILLTo amend section 2913.49 and to enact section 109.94 of the Revised Code to increase the penalty for identity fraud against an elderly person or disabled adult, and to create the Identity Fraud Passport. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2913.49 be amended and section 109.94 of the Revised Code be enacted to read as follows:
Sec. 109.94. (A) The attorney general, in cooperation with any law enforcement agency, may issue an identity fraud passport to a person who is a victim of identity fraud in this state and has filed a police report with any law enforcement agency citing that the person is a victim of a violation of section 2913.49 of the Revised Code. Once a police report of that nature has been filed with any law enforcement agency, the victim may apply for an identity fraud passport through any law enforcement agency. The law enforcement agency shall send a copy of the police report and the application for an identity fraud passport to the attorney general. The attorney general shall process the application and supporting police report and may issue the victim of identity fraud an identity fraud passport in the form of a card or certificate. (B)(1) A victim of identity fraud may present the victim's identity fraud passport issued by the attorney general in accordance with division (A) of this section to both of the following:
(a) A law enforcement agency to help prevent the victim's arrest or detention for offenses committed by someone other than the victim who is using the victim's identity;
(b) Any of the victim's creditors to aid in the creditors' investigation and establishment of whether fraudulent charges were made against accounts in the victim's name or whether accounts were opened using the victim's identity.
(2) Acceptance of the identity fraud passport presented by the victim to a law enforcement agency or creditors pursuant to division (B)(1) of this section is at the discretion of the law enforcement agency or creditor. A law enforcement agency or creditor may consider the surrounding circumstances and available information regarding the offense of identity fraud pertaining to the victim.
(C) An application made with the attorney general pursuant to division (A) of this section, including any supporting documentation, is not a public record pursuant to section 149.43 of the Revised Code. The attorney general may provide access to the applications and supporting documentation filed with the attorney general's office to other criminal justice agencies in this or another state.
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
any
personal
identifying information of
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
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 an offender commits a violation of division (B), (D), or (E) of
this
section and the violation
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
(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 an offender commits a violation of division (C) of this section and the violation 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
(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. (I)(1) Whoever violates
this section is guilty of
identity
fraud.
Except (2) Except as otherwise provided in this
division or division (I)(3) of this section,
identity
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, except as otherwise provided in division (I)(3) of this section,
identity
fraud is a
felony
of the
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,
except as otherwise provided in division (I)(3) of this section, identity
fraud is a felony of
the
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, except as otherwise provided in division (I)(3) of this section,
identity
fraud
is a
felony of the
second degree. (3) If the victim of the offense is an elderly person or disabled adult, a violation of this section is identity fraud against an elderly person or disabled adult. Except as otherwise provided in this division, identity fraud against an elderly person or disabled adult is a felony of the fifth 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, identity fraud against an elderly person or disabled adult is a felony of the third 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, identity fraud against an elderly person or disabled adult is a felony of the second 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, identity fraud against an elderly person or disabled adult is a felony of the first degree.
Section 2. That existing section 2913.49 of the Revised Code is hereby repealed.
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