AB 628

Current law prohibits the unauthorized use of another person's personal

identifying information or documents related to the person's identifying information.

Personal identifying information includes an individual's name, address, telephone

number, driver's or employment identification number, the maiden name of an

individual's mother, social security number, taxpayer's identification number, access

code for an individual's bank or other account, an individual's unique biometric data,

including fingerprint, voice print, retina or iris image, or deoxyribonucleic acid

profile.

Under current law, a person who intentionally uses, attempts to use, or

possesses with the intent to use another person's personal identifying information

or documents to obtain something of value, to avoid civil or criminal process or

penalty, or to harm the reputation or property of the person is guilty of a Class H

felony and may be fined up to $10,000, imprisoned for up to six years, or both.

Under current law, a person who is the victim of the unauthorized use of his or

her personal identifying information or documents may obtain a security freeze on

his or her credit reports free of charge, if he or she submits proof to a credit reporting

agency that he or she reported the unauthorized use to a law enforcement agency.

This bill prohibits the possession, by a person who is imprisoned or otherwise

in the custody of or supervised by the Department of Corrections, or who is a patient

at a mental health facility or who resides in a mental health facility, of a correctional

employee's or health services employee's personal identifying information or a

document relating to the employee's personal identifying information. A person who

violates this prohibition is guilty of a Class H felony. Under the bill, a correctional

employee or health services employee who is the victim of an unauthorized

possession of his or her personal identifying information or documents may obtain

a security freeze on his or her credit reports free of charge, if he or she submits proof

to a credit reporting agency that he or she reported the unauthorized possession to

a law enforcement agency.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.