S-4043.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6459

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Bauer and Rasmussen)

Read first time 02/04/2000.

Prohibiting the use of identifying information to solicit undesired mail.

    AN ACT Relating to use of identifying information; amending RCW 9.35.020; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 9.35.020 and 1999 c 368 s 3 are each amended to read as follows:

    (1) No person may knowingly use or knowingly transfer a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity harming or intending to harm the person whose identity is used, or for committing any felony.

    (2) It is unlawful for any person to knowingly use a means of identification of another person to solicit undesired mail with the intent to annoy, harass, intimidate, torment, or embarrass that person.

(3) For purposes of this section, "means of identification" means any information or item that is not describing finances or credit but is personal to or identifiable with any individual or other person, including any current or former name of the person, telephone number, and electronic address or identifier of the individual or any member of his or her family, including the ancestor of such person; any information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family; any social security, driver's license, or tax identification number of the individual or any member of his or her family; and other information which could be used to identify the person, including unique biometric data.

    (((3))) (4) Violation of this section is a class C felony.

    (((4))) (5) Additionally, a person ((that [who])) who violates this section is liable for civil damages of five hundred dollars or actual damages, including costs to repair the person's credit record, whichever is greater, and reasonable attorneys' fees as determined by the court.  If the person violating this section is a business that repeatedly violates this section, that person also violates the Consumer Protection Act, chapter 19.86 RCW.

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