HOUSE BILL REPORT
HB 1966
As Passed House:
January 11, 2006
Title: An act relating to classifying identity theft as a crime against persons.
Brief Description: Classifying identity theft as a crime against persons.
Sponsors: By Representatives Ericks, O'Brien, Lovick, Strow, Haler, Takko, Morrell, Nixon, Campbell, McIntire, Conway, Santos, Chase and Moeller.
Brief History:
Criminal Justice & Corrections: 2/24/05 [DP];
Appropriations: 3/3/05, 3/5/05 [DP].
Floor Activity:
Passed House: 3/10/05, 94-0.
Floor Activity:
Passed House: 1/11/06, 96-0.
Brief Summary of Bill |
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HOUSE COMMITTEE ON CRIMINAL JUSTICE & CORRECTIONS
Majority Report: Do pass. Signed by 7 members: Representatives O'Brien, Chair; Darneille, Vice Chair; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi, Kirby and Strow.
Staff: Kathryn Leathers (786-7114).
HOUSE COMMITTEE ON APPROPRIATIONS
Majority Report: Do pass. Signed by 29 members: Representatives Sommers, Chair; Fromhold, Vice Chair; Alexander, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Armstrong, Bailey, Buri, Clements, Cody, Conway, Darneille, Dunshee, Grant, Haigh, Hinkle, Hunter, Kagi, Kenney, Kessler, Linville, McDermott, McIntire, Miloscia, Pearson, Priest, Schual-Berke, Talcott and Walsh.
Staff: Bernard Dean (786-7130).
Background:
In general, crimes are classified by statute as felonies, misdemeanors and gross
misdemeanors. Felonies are further classified by statute as class A, class B or class C
felonies, and these designations determine imprisonment and monetary penalties. If an act is
prohibited by statute but no penalty for the violation is specifically imposed, the crime is
deemed a misdemeanor.
Crimes may be further designated by statute as crimes against persons or crimes against
property. If a crime is designated as a crime against persons, additional restrictions may be
imposed on the convicted person at sentencing. Such restrictions include that the convicted
person cannot have his or her record of conviction cleared, may be subject to community
placement or community custody, and cannot qualify to earn up to 50 percent of earned
release time.
Identity theft in the first or second degree is not designated by statute as either a crime against
persons or a property crime.
Identity theft in the first degree is a class B felony, seriousness level of IV. Identity theft in
the first degree is committed when a person knowingly:
Identity theft in the second degree is a class C felony, seriousness level of II. Identity theft in the second degree is committed when a person knowingly:
Identity theft is not committed when a person obtains another person's driver's license or
other form of identification for the sole purpose of misrepresenting his or her age.
The Sentencing Reform Act (SRA) includes guidelines for prosecutors to use when
determining whether or not to prosecute a felony. The guidelines distinguish between two
categories of crimes: crimes against persons and crimes against property/other crimes.
Specific crimes are listed under each category of crimes. For example, the guidelines include
the following crimes in the crimes against persons category: murder, assault, rape, first and
second degree robbery, first degree arson, first and second degree extortion, and stalking.
The crimes against property/other crimes category includes such crimes as: first and second
degree theft, first and second degree possession of stolen property, first and second degree
malicious mischief, and escape from community custody.
Under these guidelines, a prosecuting attorney may decline to prosecute any crime, even
though technically sufficient evidence to prosecute exists, in situations where prosecution
would serve no public purpose, would defeat the underlying purpose of the law in question or
would result in decreased respect for the law. Additional guidelines are provided regarding
the decision to file and prosecute a crime. For example:
The courts have ruled that the SRA's prosecuting guidelines are merely a set of guidelines for purposes of making felony filing and prosecuting decisions, and that the guidelines do not establish whether a specific crime is, in fact, a crime against persons or a crime against property. If a crime is not designated by statute as either a crime against persons or a property crime, the courts will conduct this independent analysis on a case-by-case basis.
Summary of Bill:
Identity theft in the first and second degree are categorized as "crimes against persons" within
the prosecuting standards and guidelines section of the SRA.
Appropriation: None.
Fiscal Note: Available on original bill.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: (Criminal Justice & Corrections) The crime of identity theft is the same as
kidnapping – it is an electronic kidnapping of a person. It is not properly regarded in the
legal system as a crime against a person. It is a crime about persons, not property. Currently,
identity theft crimes are handled by the civil prosecuting units. Many identity theft crimes are
not even prosecuted, but when they are, they seem to be given little priority and it can take
years to be adjudicated. This is a terrible crime because it takes years and years for a person
to recover from the damage. Often, a person is forced to investigate the matter for himself or
herself because the police do not have the funds to support proper investigations or they do
not consider it to be a priority.
In 2004, there were 10 million identity theft victims. Even infants have had their identities
stolen, and start out their lives with false criminal records before they can walk, speak or
defend themselves. There is a strong connection between identity theft and
methamphetamine. Identity theft has risen to epidemic levels in Washington, and it is the
fastest growing crime in the United States. One in every six persons will be a victim of
identity theft. This crime is costing individuals, businesses, and the government millions of
dollars per year. Costs are passed on to consumers when businesses increase the price of
goods and when insurance companies raise their rates in order to absorb their own costs
associated with identity theft. The cost to fund this bill is far outweighed by the savings it
will provide to everyone. As it stands now, victims are victimized twice – once by the
perpetrator and again by the justice system. The majority of Washington residents want
tougher laws for this crime, and this bill will do that.
Testimony For: (Appropriations) None.
Testimony Against: (Criminal Justice & Corrections) None.
Testimony Against: (Appropriations) None.
Persons Testifying: (Criminal Justice & Corrections) Representative Ericks, prime sponsor; Sandy Guinn; John Brooke; Ben Lindekusel, Evergreen Hospital; and Alton McDonald, National Action Network.
Persons Testifying: (Appropriations) None.