HB 916, HCA 1 -- IDENTITY THEFT

SPONSOR:  Brown

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 18 to 0.

This bill makes several changes to the crime of identity theft.
The bill:

(1)  Makes it a class A misdemeanor when the identity theft
results in the theft or appropriation of credit, money, goods,
services, or other property valued at less than $500.  Current
law sets forth a penalty of six months in jail for a first
offense and does not refer to the value of the stolen property;

(2)  Makes it a class D felony when the value of the stolen
property is more than $500 but not exceeding $1,000;

(3)  Makes it a class C felony when the value of the stolen
property is more than $1,000 but not exceeding $10,000;

(4)  Makes it a class B felony when the value of the stolen
property is more than $10,000 but not exceeding $100,000;

(5)  Makes it a class A felony when the value of the stolen
property exceeds $100,000;

(6)  Makes the identity thief liable to the victim for civil
damages of up to $5,000 per incident or three times the amount of
actual damages, whichever is greater;

(7)  Allows the victim to seek a court order restraining the
identity thief from future acts that would constitute identity
theft.  In these actions, the court may award reasonable attorney
fees to the prevailing party;

(8)  Clarifies that the estate of a deceased person may pursue
civil remedies when the estate is a victim of identity theft;

(9)  Sets forth venue requirements for civil suits regarding
identity theft, sets a limitation on civil suits at three years,
and clarifies that a criminal conviction is not a prerequisite
for a civil claim;

(10)  Clarifies that identity theft does not include a minor's
misrepresentation of age by using an adult person's
identification;

(11)  Makes a second offense a class D felony when the value of
the property is less than $500; and

(12)  Creates the crime of trafficking in stolen identities, a
class B felony, which is evidenced by possession of five or more
identification documents.

HCA 1 -- Changes two provisions relating to civil claims
resulting from identity theft.  The amendment changes the statute
of limitation on civil claims from three years to five years and
allows the court to award attorney fees to the "plaintiff,"
rather than to the "prevailing party."

FISCAL NOTE:  Total Estimated Cost on General Revenue Fund of
Less than $100,000 in FY 2005, FY 2006, and FY 2007.

PROPONENTS:  Supporters say that identity theft has increased
dramatically during the last few years with the growth of
technology and the use of the Internet, and prosecutors have been
unable to contain it with existing penalties.  Identity theft is
only a misdemeanor under current law.  The bill creates a range
of penalties, up to a class A felony, based upon the amount of
money stolen.  In addition, the bill broadens the venue for
prosecuting identity theft and makes it easier for civil claims
to be brought against the perpetrator.

Testifying for the bill were Representatives Brown and Portwood;
Missouri Retailers Association; Missouri Police Chiefs'
Association; Missouri Association of Trial Attorneys; Missouri
Credit Union System; Missouri Bankers Association; U. S. Office
of the Secret Service; Household Finance Group; and Missouri
Sheriffs Association.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am