Legislature(2005 - 2006)
04/04/2005 02:55 PM House FIN
| Audio | Topic |
|---|---|
| Start | |
| HB229 | |
| HB132 | |
| HB41 | |
| HB16 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 131
An Act increasing the criminal classification of theft
of an access device and of obtaining an access device
or identification documents by fraudulent means;
increasing the criminal classification for certain
cases of fraudulent use of an access device; and
providing for an effective date.
HOUSE BILL NO. 132
An Act relating to sentencing for certain crimes
committed against the elderly; and providing for an
effective date.
Co-Chair Meyer stated that HB 131 and HB 132 would be
addressed together, noting that they are "nearly" companion
bills.
REPRESENTATIVE BILL STOLTZE, SPONSOR, indicated that he has
had been a long-standing interest in concerns and issues
for seniors. The Administration approached him to carry
some senior citizen protection legislation. He deferred to
Mr. Ruaro and Mr. Milligan for the details of the bills.
3:15:04 PM
RANDY RUARO, LEGISLATIVE REVIEW SECTION, DEPARTMENT OF LAW,
offered to answer questions of the Committee.
BEN MULLIGAN, STAFF, REPRESENTATIVE BILL STOLTZE, provided
an overview of the legislation.
He stated that identity theft is on the increase in Alaska
and our country as a whole. The Federal Trade Commission
(FTC) reported that identity theft was up 33% in 2003. The
State of Alaska ranks second in the number of complaints per
100,000 people. That type of theft averages about $500
dollars; however, it does not take into consideration the
countless hours a victim may spend tracking down and
stopping the imposter, as well as time and legal costs to
repair credit ratings and fight collection efforts. The
proposed changes would bring the penalties for such crimes
closer in line with federal criminal law that provide for as
much as 15 years in prison for similar circumstances.
The provisions of HB 131:
· Increase the penalty from a class A misdemeanor to a
class C felony for:
1. Theft of an access device, such as a credit
card or bank account number.
2. The crime of fraudulent use of an access device
if the value of the property or services
obtained is $50 or more.
3. The crime of obtaining an access device or
identification document by fraudulent means.
Mr. Mulligan continued that the population of older citizens
in Alaska is growing rapidly, as are the crimes that affect
them. The physical, emotional, and financial impact of
crimes against the person and theft and related crimes on
the elderly can be devastating. HB 132 would increase the
penalty one level for certain crimes against a person and
for theft and related crimes, if the perpetrator acted with
reckless disregard that the victim was an older citizen.
The provisions of HB 132:
· Increase the penalties for crimes against the
elderly one level. For example, assault in the
fourth degree, a class A misdemeanor, would be a
class C felony if the assault was committed to a
person 65 years of age or older.
3:17:19 PM
JOHN SKIDMORE, (TESTIFIED VIA TELECONFERENCE), ASSISTANT
ATTORNEY GENERAL, DEPARTMENT OF LAW, ANCHORAGE, testified
in support for both HB 131 and HB 132. He spoke in length
about the problems associated with identify theft and how
that related to the vulnerable senior population. He urged
passage of the legislation and offered to answer questions.
3:19:45 PM
Vice-Chair Stoltze indicated his appreciation for Mr.
Skidmore's work done on the bills.
3:20:15 PM
MICHELLE LOGAN, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE
POLICE DEPARTMENT, DETECTIVE, PROPERTY CRIMES UNIT,
ANCHORAGE, testified in support for HB 131 and HB 132. She
noted an increase in identify theft in the past three years
throughout the State. She claimed that mostly what is
happening is the misuse of credit cards; the proposed bills
would address that theft type. The bill will allow law
enforcement to better combat the ever-increasing theft.
She pointed out that forgery is now taken seriously,
punished at a C felony; whereas, in the past, those crimes
were classified as misdemeanors.
Ms. Logan spoke to current cases and how the legislation
would affect the crime results if the victim was over 65
years of age. She stressed how much more vulnerable that
population group is. There are circumstances where
swindlers look and talk like worthy people. It takes
"intent" on the criminal's part when they are dealing with
the elderly.
3:29:56 PM
JAY FOLEY, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, NATIONAL IDENTITY THEFT RESOURCE CENTER, noted
support for the proposed legislation. There was a
completed study in 2003, which charted 600 hours as the
amount of time that it could take to reclaim a persons
identify. Many victims claim that the imposter gets away.
HB 131 increases that crime to a felony, which Mr. Foley
thought would be an "excellent step". He added that HB 132
is also a good bill.
Mr. Foley noted that senior citizens are good targets as
they do not use their credit cards as much. Additionally,
sometimes faced with memory lapse and disorientation. He
believed that some seniors are afraid to admit that they
are victims of fraud and identify theft for fear of loosing
their ability to live alone and the stigma that is
associated with that. He urged passage of the legislation.
3:33:31 PM
MARIE DARLIN, ALASKA ASSOCIATION OF RETIRED PEOPLE (AARP),
JUNEAU, spoke in support of the legislation. She noted that
AARP is an organization that supports consumer issues. She
urged that the Committee move the bills.
3:34:57 PM
Co-Chair Meyer agreed that these are good and timely bills.
Vice-Chair Stoltze thanked Ms. Darlin for her help on the
legislation.
3:35:27 PM
SAM TRIVETTE, ALASKA ASSOCIATION OF RETIRED PEOPLE (AARP),
testified in support of the legislation. He stressed that
the impact upon victims is huge. Often times, when dealing
with identity theft, the person is dealing with someone in
another state. Changing the status of the crime to a felony
makes it much more real. He echoed concerns with the
devastation and the amount of time that it takes to deal
with these crimes. He did not think that there would be a
dramatic fiscal impact with passage of the legislation.
3:37:51 PM
Representative Kelly suggested that the best benefit could
be public education. Mr. Trivette noted that AARP had
sponsored statewide seminars addressing these concerns. He
agreed that more public education would be helpful.
3:38:51 PM
Co-Chair Meyer asked about the additional costs moving the
crime status from a misdemeanor to a felony. He questioned
the Public Defender's fiscal note and inquired if the
requested two-thirds attorney fee would be made up in the
requested costs.
LINDA WILSON, (TESTIFIED VIA TELECONFERENCE), DEPUTY
DIRECTOR, PUBLIC DEFENDER AGENCY, DEPARTMENT OF
ADMINISTRATION, ANCHORAGE, commented on the fiscal note
request of $129 thousand dollars for HB 132 plus two thirds
position for an attorney. The contract attorney would be an
employee of the State but would not be full time.
Representative Hawker referenced HB 131, referencing the
indeterminate fiscal note. Ms. Wilson acknowledged that the
Committee could decide what is best; however, the Agency
does not submit an indeterminate note "lightly". She stated
that the Public Defenders office believe there would be a
fiscal impact. When the offense is raised to a felony, the
theft of a credit card, or access device, which could
include a single check, raise to a felony, the use of a
credit to $50 dollars. The change would lower it from $500
dollars to $50 dollars. She believed that there would be a
noticeable increase in charges brought forward. Ms. Wilson
thought that there would be a lot of younger people charged
with using fake identification (ID). There are no specific
numbers in the amount of theft cases that can break it down.
3:42:59 PM
Vice-Chair Stoltze MOVED to report HB 131 out of Committee
with individual recommendations and with the accompanying
fiscal notes. There being NO OBJECTION, it was so ordered.
HB 131 was reported out of Committee with a "do pass"
recommendation and with zero note #1 by the Department of
Corrections, zero note #2 by the Department of Law, zero
note #3 by the Department of Public Safety and indeterminate
note #4 by the Department of Administration.
Vice-Chair Stoltze MOVED to report CS HB 132 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 132 (JUD) was reported out of Committee with a "do
pass" recommendation and with a new fiscal note by the
Alaska Court System, a new fiscal note by the Department of
Administration, zero note #1 by the Department of Law, zero
note #2 by the Department of Public Safety and indeterminate
note #3 by the Department of Corrections.
AT EASE: 3:44:37 PM
RECONVENE: 3:46:45 PM
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