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House approves identity-fraud bill to ease prosecution, 64-0
Summary
The House unanimously passed first substitute Senate Bill 207 to change identity-fraud law so victims need not testify about lack of authorization and to add identity fraud to racketeering definitions; the attorney general's office would take responsibility for these cases.
The Utah House of Representatives unanimously approved first substitute Senate Bill 207 on March 4, 2003. Representative Farry told the House the bill clarifies and corrects the criminal code to remove a requirement that identity-fraud victims must testify they did not give defendants authority to use their identity, and to include identity fraud in the statutory definition of racketeering. The House vote recorded 64 yes votes and 0 no votes.
Representative Farry said the prior rule imposed "a huge burden on an already victimized witness," particularly for victims who live out of state, and that shifting certain responsibilities to the attorney general’s office would aid enforcement. "Identity fraud is committed when fraudulent intent is proven and does not require the individual to testify," Farry said while explaining the changes. The bill also reforms misdemeanor definitions and eliminates a requirement that multiple violations occur within a 90-day period for certain offenses.
Supporters said the Division of Consumer Protection had requested the transfer of prosecutorial responsibility to the attorney general because the perpetrators of identity fraud had proven more sophisticated and harmful than previously understood. Representative Farry said the measure would also add identity fraud to racketeering definitions to give prosecutors additional tools.
First substitute Senate Bill 207 passed the House and will be returned to the Senate for the President’s signature.
