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 259 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.