Report Title:

Identity Theft

 

Description:

Establishes criminal and civil remedies for identity theft.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

381

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO IDENTITY THEFT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . IDENTITY THEFT

§708-A Definitions. As used in this part:

"Personal identifying information" includes but is not limited to any written document or electronic data that provides or purports to provide information concerning a person's:

    1. Name;
    2. Address;
    3. Date of birth;
    4. Telephone number;
    5. Personal identification number, such as a person's social security number, driver's license number, certification of identification pursuant to section 846-27, passport identification number, alien registration number, or employee identification number;
    6. Place of employment;
    7. Maiden name or mother's maiden name;
    8. Checking account number, savings account number, credit card number, or debit card number;
    9. Electronic mail name, electronic mail signature, electronic mail address, or electronic mail account; or
    10. Any other numbers or information that can be used to access an individual's financial resources.

§708-B Identity theft in the first degree. (a) A person commits the offense of identity theft in the first degree if the person intentionally uses personal identifying information of another person:

(1) To defraud or harass another person;

(2) For any unlawful purpose, including but not limited to obtaining credit, goods, money, services, or anything of value in the name of that person without that person's authorization or permission; or

(3) To commit a crime.

(b) Identity theft in the first degree is a class felony.

§708-C Identity theft in the second degree. (a) A person

commits the offense of identity theft in the second degree if the person knowingly:

(1) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act; or

(2) Impersonates or gives the appearance that the person is the other person, or is acting with the other person's authorization or consent, with the intent to deceive.

(c) Identity theft in the second degree is a class felony.

(c) If a person uses personal identifying information to commit a crime in addition to this offense and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

§708-D Restitution for identity theft offenses. In addition to any other penalty, the court shall order a person convicted of violating section 708-A or 708-B to pay restitution, including:

(1) Attorneys' fees and costs incurred to repair the credit history or rating of the person whose personal identifying information the person obtained and used in violation of this part; and

(2) Any debt, lien, or other obligation incurred by the person whose personal identifying information the person obtained and used in violation of this part."

SECTION 2. The Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

"§ - Civil liability for identity theft. A person who is a victim of identity theft in the first or second degree as set forth in sections 708-A and 708-B may maintain a civil action to enjoin or restrain any violation of sections 708-A and 708-B and may in the same action seek damages from the person violating sections 708-A and 708-B. To maintain an action for injunctive relief under this section, the plaintiff does not need to show actual damages or the threat of actual damages. A prevailing party in an action under this section may recover court costs and reasonable attorneys' fees.

(b) A conviction or plea of guilty shall not be a prerequisite to the bringing of a civil action under this section.

(c) A cause of action for identity theft shall not be deemed to have accrued until the wrongdoer is discovered.

(d) Nothing in this section shall prevent the criminal prosecution of a person for identity theft. However, any payment made by the defendant to a victim pursuant to an order for restitution under section 708-D, shall be set off against any judgment in favor of the victim in a civil action brought under this section arising out of the same facts or event."

SECTION 3. Section 708-8102, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:

"(5) A person, other than the issuer, who during any twelve-month period, receives credit cards issued in the names of two or more persons which the person has reason to know were taken or retained under circumstances which constitute credit card theft [or a violation of section 708-8101,] commits the offense of credit card theft."

SECTION 4. Section 708-8101, Hawaii Revised Statutes, is repealed.

["[§708-8101] Making a false statement to procure issuance of a credit card. (1) A person commits the offense of making a false statement to procure issuance of a credit card if the person makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting the person's identity or that of any other person, firm, or corporation, for the purpose of procuring the issuance of a credit card.

(2) Making a false statement to procure issuance of a credit card is a misdemeanor."]

SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

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