BILL REQ. #:  S-0483.2 

Read first time 01/24/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to identity theft penalties and prevention; amending RCW 9.35.020 and 46.20.035; adding a new section to chapter 46.20 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that identity theft and the other types of fraud is a significant problem in the state of Washington, costing our citizens and businesses millions each year. The most common method of accomplishing identity theft and other fraudulent activity is by securing a fraudulently issued driver's license. It is the purpose of this act to significantly reduce identity theft and other fraud by preventing the fraudulent issuance of driver's licenses and identicards.

Sec. 2   RCW 9.35.020 and 2001 c 217 s 9 are each amended to read as follows:
     (1) No person may knowingly obtain, possess, use, or transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime.
     (2)(a) Violation of this section when the accused or an accomplice uses the victim's means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value in excess of one thousand five hundred dollars in value shall constitute identity theft in the first degree. Identity theft in the first degree is a class B felony.
     (b) Violation of this section when the accused or an accomplice uses the victim's means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value that is less than one thousand five hundred dollars in value, or when no credit, money, goods, services, or anything of value is obtained shall constitute identity theft in the second degree. Identity theft in the second degree is a class C felony.
     (3) A person who violates this section is liable for civil damages of ((five hundred)) one thousand dollars or actual damages, whichever is greater, including costs to repair the victim's credit record, and reasonable attorneys' fees as determined by the court.
     (4) In a proceeding under this section, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.
     (5) The provisions of this section do not apply to any person who obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting his or her age.
     (6) In a proceeding under this section in which a person's means of identification or financial information was used without that person's authorization, and when there has been a conviction, the sentencing court may issue such orders as are necessary to correct a public record that contains false information resulting from a violation of this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.20 RCW to read as follows:
     (1) No later than July 1, 2004, the department shall require a biometric identifier from every person applying for an original, renewal, or duplicate driver's license or identicard.
     (2) No later than July 1, 2004, the department shall implement a one-to-many and one-to-one biometric matching system for the purpose of preventing multiple licenses or cards from being issued to one person, and to help prevent identity theft.
     (3) The biometric matching system selected by the department shall be capable of highly accurate one-to-many and one-to-one matching, and shall be compliant with biometric standards established by the American association of motor vehicle administrators.

Sec. 4   RCW 46.20.035 and 1999 c 6 s 8 are each amended to read as follows:
     The department may not issue an identicard or a Washington state driver's license that is valid for identification purposes unless the applicant meets the identification requirements of subsection (1), (2), ((or)) (3), or (4) of this section.
     (1) A driver's license or identicard applicant must provide the department with at least one of the following pieces of valid identifying documentation that contains the signature and a photograph of the applicant:
     (a) A valid or recently expired driver's license or instruction permit that includes the date of birth of the applicant;
     (b) A Washington state identicard or an identification card issued by another state;
     (c) An identification card issued by the United States, a state, or an agency of either the United States or a state, of a kind commonly used to identify the members or employees of the government agency;
     (d) A military identification card;
     (e) A United States passport; or
     (f) An Immigration and Naturalization Service form.
     (2) An applicant who is a minor may establish identity by providing an affidavit of the applicant's parent or guardian. The parent or guardian must accompany the minor and display or provide:
     (a) At least one piece of documentation in subsection (1) of this section establishing the identity of the parent or guardian; and
     (b) Additional documentation establishing the relationship between the parent or guardian and the applicant.
     (3) A person unable to provide identifying documentation as specified in subsection (1) or (2) of this section may request that the department review other available documentation in order to ascertain identity. The department may waive the requirement if it finds that other documentation clearly establishes the identity of the applicant.
     (4) An applicant shall provide a biometric identifier to the department.
     (5) The form of an applicant's name, as established under this section, must be the person's name of record for the purposes of this chapter.
     (((5))) (6) If the applicant is unable to prove his or her identity under this section, the department shall plainly label the license "not valid for identification purposes."