HB 79/FN/CI (BR 451) - J. Vincent
AN ACT relating to crimes and punishments.
Amend KRS 15.113 to include the use of financial information in the investigatory powers of the Financial Integrity Enforcement Division and to include the Federal Trade Commission as an agency with which the Office of the Attorney General is directed to cooperate; amend KRS 15.231 to expand the concurrent jurisdiction of the Attorney General and the Commonwealth's and county attorneys to include improperly obtaining, attempting to improperly obtain, and trafficking in financial information; amend KRS 411.210 to provide for the award of reasonable costs and attorneys' fees in civil suits for improper use of financial information; add new sections of KRS Chapter 434 to define the crimes of improperly obtaining financial information, attempting to improperly obtain financial information, and trafficking in financial information, and providing penalties of Class C and Class D felonies; amend KRS 514.160 to add current or former identifying information of a family member or ancestor of the victim, various examples of identifying information, and unlawful circumstances under which the possession and use of the information is identity theft; and amend KRS 514.170 and 532.034 to conform.
HB 79 - AMENDMENTS
HCS/FN/CI - Delete the provision prohibiting a person from requesting another person to obtain financial information from a financial information repository under certain circumstances; establish that a person is guilty of trafficking in financial information when he or she manufactures, sells, transfers, or purchases, or possesses with the intent to manufacture, sell, transfer, or purchase financial information for the purpose of committing any crime; establish that a person is guilty of identity theft when that person steals certain identifying information of another person with the intent to commit, or to aid or abet in the commission of, any crime; establish that a person is guilty of trafficking in stolen identities when that person traffics in stolen identities for the purpose of committing any crime.
HFA (1, J. Vincent) - Delete original section 8 which amends KRS 514.160 relating to theft of identify, replace with amendment of KRS 514.160 relating to theft of identify to add current or former identifying information, and specify information which constitutes the commission of the offense, specify that a business which violates this section they also violates the consumer protection act; delete original section 9 amending KRS 514.070 relating to trafficking in stolen identifies and replace with amendment of KRS 514.170 relating to trafficking in stolen identities which redefines the elements of the offense and specifies that a business which violates this section also violates the consumer protection act.
(Prefiled by the sponsor(s))
Jan 8-introduced in House; to Judiciary (H)
Jan 9-posted in committee
Jan 16-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 17-2nd reading, to Rules; recommitted to Appropriations and Revenue (H)
Jan 25-posted in committee
Jan 30-reported favorably, to Rules
Jan 31-posted for passage in the Regular Orders of the Day for Friday, February 1, 2002
Feb 1-floor amendment (1) filed to Committee Substitute
Feb 4-3rd reading, passed 95-0 with Committee Substitute, floor amendment (1)
Feb 5-received in Senate
Feb 7-to Judiciary (S)
Mar 20-reported favorably, 1st reading, to Consent Calendar
Mar 21-2nd reading, to Rules
Mar 26-posted for passage in the Consent Orders of the Day for Tuesday, March 26, 2002; 3rd reading, passed 38-0
Mar 27-received in House; enrolled, signed by each presiding officer; delivered to Governor
Apr 2-signed by Governor (Acts ch. 175)