(Published by the Office of Research of the House of Representatives)

January 18, 2013

The House of Representatives amended, approved, and sent the Senate H.3248 , a bill relating to the ENFORCEMENT AND PROSECUTION OF IDENTITY THEFT OFFENSES. The legislation enhances identity fraud and financial identity fraud provisions by establishing more expansive criteria for personal identifying information and financial resources that are to be used in determining whether fraud has been committed. The legislation provides that the venue for the prosecution of identity fraud and financial identity fraud offenses is in the county in which the victim resided at the time the information was obtained or used. Conforming language contained in financial transaction card crime is added to provide that, in a prosecution for a violation of identity fraud offenses, the state is not required to establish and it is not a defense that some of the acts constituting the crime did not occur in this state or within one city, county, or local jurisdiction. The legislation revises the provision that allows someone who learns or reasonably suspects that he is the victim of identity theft to initiate an investigation by reporting to a local law enforcement agency that has jurisdiction over his actual legal residence, so as to eliminate the law enforcement agency’s option of referring the investigation to another law enforcement agency where the crime was committed.

The House approved and enrolled for ratification S.156 , a bill EXPANDING THE MEMBERSHIP OF THE HUNLEY COMMISSION TO INCLUDE THE LIEUTENANT GOVERNOR so that he, or his designee, serves as the commission’s tenth member in an ex officio capacity.