Assembly Bill No. 71–Assemblywoman Buckley

Prefiled January 28, 1999

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Joint Sponsor: Senator Raggio

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning use of personal identity. (BDR 15-146)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to personal identity; prohibiting a person from obtaining any personal identifying information of another person and using the information to harm that other person or for any unlawful purpose; making various changes to provisions concerning identity fraud and false status; authorizing a person to bring a civil action against another person who unlawfully obtained and used his personal identifying information; requiring a creditor who mails a solicitation for an extension of credit to a person to use the same address to mail the extension of credit to the person under certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 199.480 is hereby amended to read as follows:

1-2 199.480 1. Except as otherwise provided in subsection 2, whenever

1-3 two or more persons conspire to commit murder, robbery, sexual assault,

1-4 kidnaping in the first or second degree, [or] arson in the first or second

1-5 degree, or a violation of section 2 of this act, each person is guilty of a

1-6 category B felony and shall be punished:

1-7 (a) If the conspiracy was to commit robbery, sexual assault, kidnaping in

1-8 the first or second degree , [or] arson in the first or second degree, or a

1-9 violation of section 2 of this act, by imprisonment in the state prison for a

1-10 minimum term of not less than 1 year and a maximum term of not more

1-11 than 6 years; or

2-1 (b) If the conspiracy was to commit murder, by imprisonment in the

2-2 state prison for a minimum term of not less than 2 years and a maximum

2-3 term of not more than 10 years,

2-4 and may be further punished by a fine of not more than $5,000.

2-5 2. If the conspiracy subjects the conspirators to criminal liability under

2-6 NRS 207.400, they shall be punished in the manner provided in NRS

2-7 207.400.

2-8 3. Whenever two or more persons conspire:

2-9 (a) To commit any crime other than those set forth in subsections 1 and

2-10 2, and no punishment is otherwise prescribed by law;

2-11 (b) Falsely and maliciously to procure another to be arrested or

2-12 proceeded against for a crime;

2-13 (c) Falsely to institute or maintain any action or proceeding;

2-14 (d) To cheat or defraud another out of any property by unlawful or

2-15 fraudulent means;

2-16 (e) To prevent another from exercising any lawful trade or calling, or

2-17 from doing any other lawful act, by force, threats or intimidation, or by

2-18 interfering or threatening to interfere with any tools, implements or

2-19 property belonging to or used by another, or with the use or employment

2-20 thereof;

2-21 (f) To commit any act injurious to the public health, public morals, trade

2-22 or commerce, or for the perversion or corruption of public justice or the

2-23 due administration of the law; or

2-24 (g) To accomplish any criminal or unlawful purpose, or to accomplish a

2-25 purpose, not in itself criminal or unlawful, by criminal or unlawful
2-26 means,

2-27 each person is guilty of a gross misdemeanor.

2-28 Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto a

2-29 new section to read as follows:

2-30 1. Except as otherwise provided in subsection 2, a person who

2-31 knowingly:

2-32 (a) Obtains any personal identifying information of another person;

2-33 and

2-34 (b) Uses the personal identifying information to harm that other

2-35 person or for any unlawful purpose, including, without limitation, to

2-36 obtain credit, a good, a service or anything of value in the name of that

2-37 person,

2-38 is guilty of a category B felony and shall be punished by imprisonment in

2-39 the state prison for a minimum term of not less than 1 year and a

2-40 maximum term of not more than 20 years, and may be further punished

2-41 by a fine of not more than $100,000.

2-42 2. A person who knowingly:

3-1 (a) Obtains any personal identifying information of another person;

3-2 and

3-3 (b) Uses the personal identifying information to avoid or delay being

3-4 prosecuted for an unlawful act,

3-5 is guilty of a category E felony and shall be punished as provided in NRS

3-6 193.130.

3-7 3. In addition to any other penalty, the court shall order a person

3-8 convicted of violating subsection 1 to pay restitution, including, without

3-9 limitation, any attorney’s fees and costs incurred to:

3-10 (a) Repair the credit history or rating of the person whose personal

3-11 identifying information he obtained and used in violation of subsection

3-12 1; and

3-13 (b) Satisfy a debt, lien or other obligation incurred by the person

3-14 whose personal identifying information he obtained and used in violation

3-15 of subsection 1.

3-16 4. As used in this section, "personal identifying information" has the

3-17 meaning ascribed to it in NRS 205.465.

3-18 Sec. 3. NRS 205.450 is hereby amended to read as follows:

3-19 205.450 Every person who shall falsely represent or personate another,

3-20 and, in such assumed character, shall marry another, become bail or surety

3-21 for any party, in any proceeding, civil or criminal, before any court or

3-22 officer authorized to take such bail or surety, or confess any judgment, or

3-23 acknowledge the execution of any conveyance of real property, or of any

3-24 other instrument which, by law, may be recorded, or do any other act in the

3-25 course of any suit, proceeding or prosecution, whereby the person so

3-26 represented or personated may be made liable, in any event, to the payment

3-27 of any debt, damages, cost or sum of money, or his right or interest may, in

3-28 any manner be affected, [shall be] is guilty of a [misdemeanor.] category C

3-29 felony and shall be punished as provided in NRS 193.130.

3-30 Sec. 4. NRS 205.455 is hereby amended to read as follows:

3-31 205.455 [Every] Unless a greater penalty is provided pursuant to

3-32 section 2 of this act, a person who falsely represents or personates another,

3-33 and, in such assumed character, receives any money or valuable property of

3-34 any description intended to be delivered to the person so personated, shall

3-35 be punished in the same manner and to the same extent as [for feloniously

3-36 stealing] if he stole the money or property so received.

3-37 Sec. 5. NRS 205.465 is hereby amended to read as follows:

3-38 205.465 1. It is unlawful for a person to possess, sell or transfer any

3-39 document or personal identifying information for the purpose of

3-40 establishing a false status, occupation, membership, license or identity for

3-41 himself or any other person.

3-42 2. A person who [sells] :

4-1 (a) Sells or transfers any such document or personal identifying

4-2 information in violation of subsection 1; or

4-3 (b) Possesses any such document or personal identifying information

4-4 in violation of subsection 1 to commit any of the crimes set forth in NRS

4-5 205.085 to 205.217, inclusive, 205.473 to 205.491, inclusive, or 205.610

4-6 to 205.810, inclusive,

4-7 is guilty of a category C felony and shall be punished as provided in NRS

4-8 193.130. [A]

4-9 3. Except as otherwise provided in subsection 2, a person who

4-10 possesses any such document or personal identifying information in

4-11 violation of subsection 1 is guilty of a misdemeanor.

4-12 [3.] 4. Subsection 1 does not:

4-13 (a) Preclude the adoption by a city or county of an ordinance prohibiting

4-14 the possession of any such document [.] or personal identifying

4-15 information; or

4-16 (b) Prohibit the possession or use of [those documents] any such

4-17 document or personal identifying information by officers of local police,

4-18 sheriff and metropolitan police departments and by agents of the

4-19 investigation division of the department of motor vehicles and public safety

4-20 while engaged in undercover investigations [relating to narcotics or

4-21 prostitution.] related to the lawful discharge of their duties.

4-22 5. As used in this section:

4-23 (a) "Document" includes, without limitation, a photocopy print,

4-24 photostat and other replica of a document.

4-25 (b) "Personal identifying information" means any information

4-26 designed, commonly used or capable of being used, alone or in

4-27 conjunction with any other information, to identify a person, including,

4-28 without limitation:

4-29 (1) The name, driver’s license number, social security number,

4-30 savings account number, credit card number, date of birth, place of

4-31 employment and maiden name of the mother of a person; and

4-32 (2) The fingerprints, voiceprint, retina image and iris image of a

4-33 person.

4-34 Sec. 6. Chapter 41 of NRS is hereby amended by adding thereto a new

4-35 section to read as follows:

4-36 1. A person who has suffered injury as the proximate result of a

4-37 violation of the provisions of section 2 of this act may commence an

4-38 action for the recovery of his actual damages, costs and reasonable

4-39 attorney’s fees and for any punitive damages that the facts may warrant.

4-40 2. An action described in subsection 1 must be commenced not later

4-41 than 2 years after the person who suffered the injury discovers the facts

4-42 constituting the violation of the provisions of section 2 of this act.

5-1 Sec. 7. Chapter 598B of NRS is hereby amended by adding thereto a

5-2 new section to read as follows:

5-3 If a creditor mails a solicitation for the extension of credit to a person

5-4 and the person applies for such credit, the creditor shall mail the

5-5 extension of credit to the person to the same address as the solicitation,

5-6 unless the creditor verifies any change of address of the person using a

5-7 reliable method.

5-8 Sec. 8. The amendatory provisions of this act do not apply to offenses

5-9 that were committed before October 1, 1999.

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