Legislature(2005 - 2006)BUTROVICH 205
04/21/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB136 | |
| HB131 | |
| HB132 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 131 | TELECONFERENCED | |
| + | HB 132 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 136 | ||
HB 131-ACCESS DEVICE & I.D. DOCUMENT CRIMES
9:13:57 AM
CHAIR SEEKINS announced HB 131 to be up for consideration.
9:14:19 AM
REPRESENTATIVE BILL STOLZ introduced HB 131. He pointed out HB
131 works alongside HB 132 to protect Alaskan seniors from
people who would target them through fraudulent means. HB 131
deals with access. There is a growing crime against seniors
because of their vulnerability. Though the monetary loss is not
always substantial, the hassle of cleaning up damaged credit and
the damage to a person's good name is time consuming. Having the
crime increased to a felony increases the likelihood of
prosecution.
9:17:28 AM
REPRESENTATIVE STOLTZE asserted protection of seniors implores a
special elevation of protection. The Department of Law (DOL)
supports both HB 131 and HB 132.
9:21:47 AM
SENATOR GUESS asked whether the State of Alaska has similar
penalties for crimes against the mentally disabled.
REPRESENTATIVE STOLTZE said he did not know.
9:22:53 AM
MR. RANDY RUARO, attorney, DOL testified the criminal division
supports HB 131. Identity theft is a growing problem in Alaska.
SENATOR GUESS asked Mr. Ruaro for a definition of "access
device."
MR. RUARO answered it is defined in AS 11.81.900(b)(1).
9:24:39 AM
SENATOR GUESS noted there were zero fiscal notes and asked
whether the DOL anticipated prosecuting more people.
MR. RUARO responded HB 131 elevates current crimes that are on
the books. Resources are currently dedicated to the effort.
SENATOR FRENCH offered most cases a perpetrator has to cause
$500 minimum damage to qualify for felony. HB 131 sets the level
at $50. He asked Mr. Ruaro to comment.
MR. RUARO deferred the question to John Skidmore.
9:26:42 AM
MR. JOHN SKIDMORE, supervisor, felony property unit, Anchorage
District Attorney's office, advised forgery in the second degree
includes the identity crime of check stealing. The amount of the
written check does not matter. It is still a felony. Fifty
dollars is the median used by other states.
9:30:03 AM
MS. MICHELE LOGAN, detective, Anchorage Police Department,
testified in support of HB 131. Identity theft reports have been
increasing. Unauthorized use of credit cards is what police
officers most commonly see. Many stores don't ask for
identification to match the credit card. She feels that 1978
statutes are out of date with today's monetary transactions.
9:35:22 AM
SENATOR FRENCH asked Ms. Logan whether a bank check is an access
device.
MS. LOGAN responded yes. A bank account number is an access
device.
MR. SKIDMORE concurred.
9:40:21 AM
MS. MARIE DARLEN testified the AARP Capitol City Task Force
fully supports HB 131. They operate an educational program on
identity theft throughout the state.
CHAIR SEEKINS closed public testimony.
SENATOR HUGGINS moved HB 131 from committee with individual
recommendations and attached fiscal note(s). There being no
objection, the motion carried.
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