HOUSE 3rd Reading Unamended February 9, 2011 HOUSE Amended 2nd Reading February 8, 2011First Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 11-0488.01 Richard Sweetman HOUSE BILL 11-1049 HOUSE SPONSORSHIP Barker, SENATE SPONSORSHIP Roberts, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning criminal uses of personal identifying information. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill clarifies certain statutory language describing the offense of identity theft. Falsely claiming the personal identifying information of another person with intent to obtain or maintain employment is added to the list of actions considered as identity theft. To commit identity theft, it is not necessary that a person be aware that the personal identifying information, financial identifying information, or financial device involved in the commission of the offense belongs to another person. The bill amends certain language describing the elements of the offense of criminal impersonation to require the assumption of a false or fictitious identity or legal capacity under some circumstances and the assumption of a false or fictitious identity or capacity, legal or otherwise, in other circumstances. Using false or fictitious personal identifying information shall constitute the assumption of a false or fictitious identity or capacity for the purposes of charging a person with criminal impersonation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 18-5-902 (1) (a), (1) (b), (1) (c), (1) (d), and (1) (e), Colorado Revised Statutes, are amended, and the said 18-5-902 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 18-5-902. Identity theft. (1) A person commits identity theft if he or she knowingly: (a) Knowingly Uses the personal identifying information, financial identifying information, or a financial device of another without permission or lawful authority, with the intent to obtain cash, credit, property, services, or any other thing of value or to make a financial payment, if the information or device is that of another; (b) Knowingly Possesses the personal identifying information, financial identifying information, or a financial device of another without permission or lawful authority, with the intent to use or to aid or permit some other person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment, if the information or device is that of another; (c) With the intent to defraud, Falsely makes, completes, alters, or utters a written instrument or financial device containing any personal identifying information or financial identifying information of another, with the intent to defraud, if the information or device is that of another; (d) Knowingly Possesses the personal identifying information or financial identifying information of another without permission or lawful authority, with the intent to use the information in applying for or completing an application for a financial device or other extension of credit, if the information is that of another; or (e) Knowingly Uses or possesses the personal identifying information of another without permission or lawful authority, with the intent to use the information to obtain a government-issued document, or if the information is that of another. (1.5) To commit identity theft as described in subsection (1) of this section, a person need not be aware that the personal identifying information, financial identifying information, or financial device is that of another. This element is one of strict liability. SECTION 2. 18-5-113 (1), Colorado Revised Statutes, is amended, and the said 18-5-113 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 18-5-113. Criminal impersonation. (1) A person commits criminal impersonation if he or she knowingly: (a) Assumes a false or fictitious identity or legal capacity, and in such identity or capacity he or she: (a) (I) Marries, or pretends to marry, or to sustain the marriage relation toward another without the connivance of the latter; or (b) (II) Becomes bail or surety for a party in an action or proceeding, civil or criminal, before a court or officer authorized to take the bail or surety; or (c) (III) Confesses a judgment, or subscribes, verifies, publishes, acknowledges, or proves a written instrument which by law may be recorded, with the intent that the same may be delivered as true; or (b) Assumes a false or fictitious identity or capacity, legal or other, and in such identity or capacity he or she: (d) (I) Does Performs an act which that, if done by the person falsely impersonated, might subject such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or (e) (II) Does Performs any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another. (3) For the purposes of subsection (1) of this section, using false or fictitious personal identifying information, as defined in section 18-5-901 (13), shall constitute the assumption of a false or fictitious identity or capacity. SECTION 3. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.