04/20/2000 09:10 AM House FIN

HOUSE CS FOR CS FOR SENATE BILL NO. 259(JUD)                                                                                    
                                                                                                                                
An Act relating to crimes and offenses relating to                                                                              
aural representations, recordings, access devices,                                                                              
identification documents, impersonation, false reports,                                                                         
and computers; and providing for an effective date.                                                                             
                                                                                                                                
JIM POUND, STAFF, SENATOR ROBIN TAYLOR, noted that some                                                                         
people acting under an assumed name, with false                                                                                 
identification to support the claim, obtain credit cards and                                                                    
checking accounts and then often do not pay the bills.  Such                                                                    
an action leaves the honest Alaskans with the problem of                                                                        
dealing with credit agencies, or the government with little                                                                     
or no recourse.                                                                                                                 
                                                                                                                                
Mr. Pound noted that this creates is more than fraud to deal                                                                    
with.  Today criminals can access information by sitting at                                                                     
the computer or giving information over the telephone.                                                                          
These "new criminals" are not part of current statute.  SB
 would correct that by updating existing law and                                                                             
establishing that Alaska considers stealing someone's                                                                           
identity a crime with serious consequences.                                                                                     
                                                                                                                                
Mr. Pound provided a sectional analysis of the legislation                                                                      
highlighting all changes.                                                                                                       
                                                                                                                                
Co-Chair Therriault noted there would be a change from the                                                                      
term "credit card" to "access device" to include debit cards                                                                    
and other credit pieces.                                                                                                        
                                                                                                                                
Vice Chair Bunde asked if was already illegal to give false                                                                     
information to a police officer.  Mr. Pound did not know.                                                                       
He thought that the legislation would help define the                                                                           
offense.                                                                                                                        
                                                                                                                                
Representative Austerman referenced Section 6, criminal                                                                         
impersonation in the first degree.  He asked if all three                                                                       
items listed would have to be present for a person to be                                                                        
charged.                                                                                                                        
                                                                                                                                
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, CRIMINAL                                                                            
DIVISION, DEPARTMENT OF LAW, replied that all three would                                                                       
have to be proven without reasonable doubt in order for that                                                                    
person to be prosecuted.                                                                                                        
                                                                                                                                
Ms. Carpeneti highlighted the main themes of the bill.  The                                                                     
first item would be to bring forward existing statutes,                                                                         
making them current with modern life so that theft of credit                                                                    
would be changed to theft of an access device.  The second                                                                      
change would be to make identity theft in our State a crime,                                                                    
as it is a serious offense that is happening more often.                                                                        
She stressed that it is difficult for these victims to get                                                                      
their lives back together.  Whoever has their identification                                                                    
will always have it.                                                                                                            
                                                                                                                                
Ms. Carpeneti advised that the statute does not cover the                                                                       
stealing of the items, however, selling "the right to" is                                                                       
covered under the bill.  That action would be fraudulent                                                                        
issuance of a credit card or an identification document.  At                                                                    
this time, the statute only covers the stealing of the                                                                          
credit card by fraudulent means.  She noted that phone calls                                                                    
would be covered under the legislation under "access                                                                            
devices".                                                                                                                       
                                                                                                                                
Representative J. Davies referenced Page 4, Line 13.  Ms.                                                                       
Carpeneti explained that section had been added because the                                                                     
identity statute was named criminal impersonation in the                                                                        
first degree.  Consequently, it needed a new name.    The                                                                       
difference in the actual substance of that statute is that                                                                      
it would include intentional fraud and intent to commit a                                                                       
crime to obtain a benefit to which a person is not entitled.                                                                    
Representative J. Davies inquired what second degree                                                                            
represented in terms of a consequence.  Ms. Carpeneti                                                                           
replied that it would be a Class A misdemeanor, which is                                                                        
maximum of one-year jail time and a $5000 dollar fine.                                                                          
                                                                                                                                
Representative J. Davies referenced Page 6, Line 9,                                                                             
"offense".  Ms. Carpeneti replied that section was added at                                                                     
a legislator's request, who voiced concerns regarding a                                                                         
person who obtained a fake driver's license.  That type                                                                         
conduct would be a Class A misdemeanor.  Representative J.                                                                      
Davies asked the other items included in that "sweep".  Ms.                                                                     
Carpeneti replied such an offense would include violations                                                                      
such as traffic offenses or anything that has a consequence                                                                     
of a fine up to $300 dollars.  Also, using false                                                                                
identification would be considered such an offense.  Under                                                                      
Title 4, using false identification would be classified as a                                                                    
misdemeanor.  Representative J. Davies noted his concern                                                                        
that trivial consequences would be swept into that language.                                                                    
                                                                                                                                
Representative J. Davies questioned the discretion that a                                                                       
judge would use to determine the sentence.  Ms. Carpeneti                                                                       
replied that would depend on that person's history.                                                                             
                                                                                                                                
Co-Chair Mulder MOVED to report HCS CS SB 259 (JUD) out of                                                                      
Committee with individual recommendations and with the                                                                          
accompanying fiscal notes.  There being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
HCS CS SB 259 (JUD) was reported out of Committee with a "do                                                                    
pass" recommendation and with fiscal notes by the Senate                                                                        
Finance Committee dated 4/13/00, Department of                                                                                  
Administration dated 4/19/00 and Department of Law dated                                                                        
4/19/00.                                                                                                                        
                                                                                                                                
RECESSED                                                                                                                        
                                                                                                                                
The Committee recessed at 9:35 a.m.                                                                                             
                                                                                                                                
RECONVENED                                                                                                                      
                                                                                                                                
The Committee reconvened at 2:25 p.m.