State Senator Thomas A. Colapietro
September 29, 2009
New Law That Cracks Down on Identity Theft Takes Effect This Week
Senator Colapietro says increased penalties and required restitution will help protect families
Beginning on October 1, 2009 criminals who commit identity theft in Connecticut will now face tougher penalties and provide restitution to their victims through the sale of their illegally gained assets. These changes to existing statutes come about thanks to a bipartisan bill supported and co-sponsored by General Law Committee Chairman Senator Thomas Colapietro (D-Bristol).
Public Act 09-239, An Act Concerning Consumer Privacy and Identity Theft, broadens the legal definition of identity theft and increases the criminal penalties, particularly for those who target older citizens over the age of sixty. The law also permits the state to seize any money or property obtained through identity theft, and places it into a Department of Consumer Protection fund to provide victims with restitution.
“The statistics and the stories show that identity theft is a serious crime that can severely damage the reputation of its victims and cause long-lasting financial difficulties,” said Senator Colapietro. “This law provides badly needed reforms that crack down on identity theft and make it easier for victims to receive justice.”
According to the Federal Trade Commission (FTC), Connecticut has 86.6 complaints per 100,000 people, which is higher than any other state in New England (Connecticut ranks 17th in the nation for number of complaints per 100,000 people).
A 2009 report by the Javelin Strategy & Research Center indicates that:
- “Identity theft is on the rise, affecting almost 10 million victims in 2008 (a 22 percent increase from 2007).”
- “Low-tech methods for stealing personal information are still the most popular for identity thieves. Stolen wallets and physical documents accounted for 43 percent of all identity theft, while online methods accounted for only 11 percent.”
Further provisions of the new law allow criminals to be prosecuted where the victim lives (rather than where the crime was committed), require courts to correct public records affected by identity theft, and extend the statute of limitations from two to three years during which victims may sue those convicted of stealing their identity.
In testimony offered to the General Law Committee this February, State Victim Advocate Michelle Cruz said, “In most cases of identity theft, the victim is not aware of a problem until significant damage has been done. In addition, identity thieves are using the internet and other technology to commit these crimes and are often never apprehended.”
Identity thieves acquire personal information through many different sources. To combat electronic identity theft, the law creates the crime of unlawful possession of personal access devices, including card readers, scanners, and personal identification (PIN) numbers. To ensure information is not stolen from employment forms, the law will penalize any employers who fail to secure sensitive information disclosed on employment applications, and to destroy those applications upon disposal.
“I am very pleased by the broad bipartisan support this measure has received,” said Senator Colapietro. “This law will go a long way toward preventing this kind of crime, and helping its victims to recover from it.”
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