Bill Summary for Bill Number SB09-093

Date: 04/27/2009

Final
BILL SUMMARY for SB09-093

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.006 (Attachment C). Th Adopt prepared amendment L.008 (Attachment D). Th Adopt prepared amendment L.009 (Attachment E). Th Refer Senate Bill 09-093, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection PASS

07:32 PM -- Senate Bill 09-093

Representative Marostica, bill sponsor, presented Senate Bill 09-093 concerning identity theft. This bill, as amended by the Senate Judiciary and Appropriations Committees, modifies the existing statutes concerning identity theft in the following ways:

makes criminal possession of another person's identification a class 1 misdemeanor;
makes criminal possession of two or more people's identification a class 6 felony;
makes criminal possession of four or more people's identification a class 5 felony;
removes attempted identity theft from the identity theft statute; and
starts the statute of limitations for identity theft at the time the crime was discovered.

Representative Marostica requested that witness testimony begin. The following persons testified:

07:36 PM -- Ted Tow, representing the Colorado District Attorneys Council, testified in support of the bill and spoke to proposed amendments. Prepared amendments L.006, L.008, and L.009 were distributed (Attachments C-E). Mr. Tow discussed identity theft in the context of the bill and amendment L.009. He spoke to the clarifying language in amendments L.006 and L.009. He explained the statutory meaning of "lawful authority" and its importance in the bill. He discussed amendment L.008 and compromise language involving whether there is a single victim or multiple victims. Mr. Tow further explained the differences in the crimes addressed in the bill. Mr. Tow spoke to recent cases that have been prosecuted under current law. Mr. Tow responded to questions from members of the committee. There was discussion about the timing of the bill's implementation, which includes a two-year delay in the implementation of some portions of the bill.

07:52 PM -- Shayne Madsen, representing the Consumer Data Industry Association, testified in opposition to the bill. Ms. Madsen spoke to the current regulation of consumer data companies and how the bill could impact the industry. She indicated that she had participated in discussions about amendment L.009.

07:55 PM -- Larry Hudson, representing LexisNexis, joined Ms. Madsen at the table and urged support for amendment L.009.


BILL:	SB09-093
TIME:	07:56:32 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.006 (Attachment C). The motion passed without objection.
SECONDED:	Gardner B.
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-093
TIME:	07:56:52 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.008 (Attachment D). The motion passed without objection
SECONDED:	Gardner B.
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-093
TIME:	07:57:18 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.009 (Attachment E). The motion passed without objection.
SECONDED:	Miklosi
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

07:57 PM

Representative Marostica made closing comments on the bill.


BILL:	SB09-093
TIME:	07:58:00 PM
MOVED:	McCann
MOTION:	Refer Senate Bill 09-093, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Court
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS