AN ACT CONCERNING IDENTITY THEFT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 53a-129a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person commits identity theft when such person [intentionally obtains personal identifying information of another person without the authorization of such other person and] knowingly uses [that] personal identifying information of another person to obtain or attempt to obtain, money, credit, goods, services, property or medical information in the name of such other person without the consent of such other person.

Sec. 2. Section 53a-130 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of criminal impersonation when [he] such person: (1) Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another; [or] (2) pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another; or (3) pretends to be a public servant other than a sworn member of an organized local police department or the Division of State Police within the Department of Public Safety, or wears or displays without authority any uniform, badge or shield by which such public servant is lawfully distinguished, with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

(b) Criminal impersonation is a class [B] A misdemeanor.

Sec. 3. Section 54-93a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

Whenever a person is convicted of a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-129b, 53a-129c or 53a-129d, the court [may] shall issue such orders as are necessary to correct a public record that contains false information as a result of such violation.

Sec. 4. Subsection (c) of section 54-1d of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(c) Any defendant who is charged with a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-129b, 53a-129c or 53a-129d and any defendant who is charged with any other offense committed as a result of such violation may be presented to the court in the judicial district or geographical area in which the person whose personal identifying information has been [obtained and] used by the defendant resides and may be prosecuted in such judicial district or geographical area.

Sec. 5. Subsection (a) of section 54-36h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) The following property shall be subject to forfeiture to the state pursuant to subsection (b) of this section:

(1) All moneys used, or intended for use, in the procurement, manufacture, compounding, processing, delivery or distribution of any controlled substance, as defined in subdivision (9) of section 21a-240;

(2) All property constituting the proceeds obtained, directly or indirectly, from any sale or exchange of any such controlled substance in violation of section 21a-277 or 21a-278, as amended;

(3) All property derived from the proceeds obtained, directly or indirectly, from any sale or exchange for pecuniary gain of any such controlled substance in violation of section 21a-277 or 21a-278, as amended;

(4) All property used or intended for use, in any manner or part, to commit or facilitate the commission of a violation for pecuniary gain of section 21a-277 or 21a-278, as amended;

(5) All property constituting, or derived from, the proceeds obtained, directly or indirectly, by a corporation as a result of a violation of section 53a-276, 53a-277 or 53a-278; and

(6) All property derived from the proceeds obtained, directly or indirectly, from a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-129b, 53a-129c or 53a-129d, and any other offense committed as a result of such violation.

Sec. 6. (NEW) (Effective July 1, 2006) (a) A person is guilty of possession of identity theft paraphernalia when such person possesses any access device, document-making equipment and authentication implements for the purpose of obtaining personal identifying information of another person to obtain, or attempt to obtain, money, credit, goods, services, property or medical information in the name of such other person without the consent of such other person.

(b) For purposes of this section, "access device" means any card, plate, code, account number, mobile identification number, personal identification number, telecommunication service access equipment, card-reading device, scanning device, re-encoder or any other means that could be used to obtain the financial information, personal identifying information or benefits of another person.

(c) Possession of identity theft paraphernalia is a class A misdemeanor.

Sec. 7. (NEW) (Effective July 1, 2006) (a) A person is guilty of facilitation of identity theft when such person assists another person in obtaining any license, registration, certificate or other personal identification document with the knowledge that such other person is not entitled to it.

(b) The provisions of subsection (a) of this section shall not apply if the sole purpose of obtaining such license, registration, certificate or other personal identification document is to obtain goods or services unavailable to such other person because of such other person's age.

(c) Facilitation of identity theft is a class A misdemeanor.

Sec. 8. (NEW) (Effective July 1, 2006) Any person found guilty of any violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-129b, 53a-129c or 53a-129d of the general statutes and any other offense committed as a result of such violation, shall make restitution for the full amount of financial loss suffered by the victim of such violation or violations including, but not limited to, documented lost wages and a reasonable attorney's fee necessary to remedy such violation or violations.

Sec. 9. (NEW) (Effective July 1, 2006) (a) Any person, as defined in section 12-1 of the general statutes, in possession of personal identifying information shall make reasonable efforts to protect such information from misuse including, but not limited to, destroying or otherwise making unreadable any document, computer file, database or any other record of such information prior to disposal.

(b) A violation of the provisions of this section shall be deemed to be an unfair trade practice within the provisions of chapter 735a of the general statutes.

Sec. 10. (NEW) (Effective July 1, 2006) Any alteration to a lawfully issued license, registration, certificate or other personal identification document shall render such license, registration, certificate or other personal identification document void.

Sec. 11. (NEW) (Effective July 1, 2006) (a) A person is guilty of personal identification fraud when such person alters a lawfully issued license, registration, certificate or other personal identification document.

(b) The provisions of subsection (a) of this section shall not apply if the sole purpose of the alteration of the license, registration, certificate or other personal identification document is to obtain goods or services unavailable to such person because of such person's age.

(c) Personal identification fraud is a class A misdemeanor.

Statement of Purpose:

To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]