Identity Theft Penalty Enhancement Act

Bill: 108-hr-1731
Sponsor: Rep. Carter, John R. [R-TX-31]
Introduced: 2003-04-10 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Ammunition
Authorization
Bank fraud
Bank records
Citizenship
Civil Rights and Liberties, Minority Issues
Counterfeiting
Credit cards
Criminal investigation
Deportation
EBB Terrorism
Economics and Public Finance
Embezzlement
Employee benefit plans
Finance and Financial Sector
Firearms
Firearms control
Fraud
Government Operations and Politics
Health
Health care fraud
Identification devices
Identity theft
Illegal aliens
Immigration
International Affairs
Labor and Employment
Larceny
Law
Medicaid
Medicare
Old age, survivors and disability insurance
Passports
Pension funds
Probation
Prosecution
Right of privacy
Sentences (Criminal procedure)
Sentencing guidelines
Social Welfare
Social security numbers
Terrorism
U.S. Sentencing Commission
Visas
Welfare fraud

Summary:
action_date: 2003-04-10
text: Identity Theft Penalty Enhancement Act - Amends the Federal criminal code to establish penalties for aggravated identity theft.
Prescribes sentences of two years' imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including felonies relating to theft from employee benefit plans and various fraud and immigration offenses), and five years' imprisonment for knowingly taking such action during and in relation to specified felony violations pertaining to terrorist acts, in addition to the punishments provided for such felonies.
Prohibits a court from: (1) placing any person convicted of such a violation on probation; (2) reducing any sentence for the related felony to take into account the sentence imposed for such a violation; or (3) providing for concurrent terms of imprisonment for a violation of this Act and any other violation, except, in the court's discretion, an additional violation of this section.
Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism.
action_date: 2004-06-08
text: 
Identity Theft Penalty Enhancement Act - (Sec. 2) Amends the Federal criminal code to establish penalties for aggravated identity theft. Prescribes sentences, to be imposed in addition to the punishments provided for the related felonies, of: (1) two years' imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including theft of public property, theft by a bank officer or employee, theft from employee benefit plans, various fraud and immigration offenses, and false statements regarding Social Security and Medicare benefits); and (2) five years' imprisonment for knowingly taking such action with respect to a means of identification or a false identification document during and in relation to specified felony violations pertaining to terrorist acts. Prohibits a court from: (1) placing any person convicted of such a violation on probation; (2) reducing any sentence for the related felony to take into account the sentence imposed for such a violation; or (3) providing for concurrent terms of imprisonment for a violation of this Act and a violation under any other Act.
 
(Sec. 3) Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism. 
(Sec. 4) Modifies provisions regarding embezzlement and theft of public money, property, or records to provide for combining amounts from all the counts for which the defendant is convicted in a single case for purposes of determining which penalties apply. 
(Sec. 5) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position. 
(Sec. 6) Authorizes appropriations to the Department of Justice for the investigation and prosecution of identity theft and related credit card and other fraud cases constituting felonies.
action_date: 2004-06-23
text: 

(This measure has not been amended since it was reported to the House on June 8, 2004. The summary of that version is repeated here.)

 
Identity Theft Penalty Enhancement Act - (Sec. 2) Amends the Federal criminal code to establish penalties for aggravated identity theft. Prescribes sentences, to be imposed in addition to the punishments provided for the related felonies, of: (1) two years' imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including theft of public property, theft by a bank officer or employee, theft from employee benefit plans, various fraud and immigration offenses, and false statements regarding Social Security and Medicare benefits); and (2) five years' imprisonment for knowingly taking such action with respect to a means of identification or a false identification document during and in relation to specified felony violations pertaining to terrorist acts. Prohibits a court from: (1) placing any person convicted of such a violation on probation; (2) reducing any sentence for the related felony to take into account the sentence imposed for such a violation; or (3) providing for concurrent terms of imprisonment for a violation of this Act and a violation under any other Act.
 
(Sec. 3) Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism. 
 
(Sec. 4) Modifies provisions regarding embezzlement and theft of public money, property, or records to provide for combining amounts from all the counts for which the defendant is convicted in a single case for purposes of determining which penalties apply. 
 
(Sec. 5) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position. 
 
(Sec. 6) Authorizes appropriations to the Department of Justice for the investigation and prosecution of identity theft and related credit card and other fraud cases constituting felonies. 

action_date: 2004-06-25
text: 

(This measure has not been amended since it was reported to the House on June 8, 2004. The summary of that version is repeated here.)

 
Identity Theft Penalty Enhancement Act - (Sec. 2) Amends the Federal criminal code to establish penalties for aggravated identity theft. Prescribes sentences, to be imposed in addition to the punishments provided for the related felonies, of: (1) two years' imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including theft of public property, theft by a bank officer or employee, theft from employee benefit plans, various fraud and immigration offenses, and false statements regarding Social Security and Medicare benefits); and (2) five years' imprisonment for knowingly taking such action with respect to a means of identification or a false identification document during and in relation to specified felony violations pertaining to terrorist acts. Prohibits a court from: (1) placing any person convicted of such a violation on probation; (2) reducing any sentence for the related felony to take into account the sentence imposed for such a violation; or (3) providing for concurrent terms of imprisonment for a violation of this Act and a violation under any other Act.
 
(Sec. 3) Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism. 
 
(Sec. 4) Modifies provisions regarding embezzlement and theft of public money, property, or records to provide for combining amounts from all the counts for which the defendant is convicted in a single case for purposes of determining which penalties apply. 
 
(Sec. 5) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position. 
 
(Sec. 6) Authorizes appropriations to the Department of Justice for the investigation and prosecution of identity theft and related credit card and other fraud cases constituting felonies. 

action_date: 2004-07-15
text: 

(This measure has not been amended since it was reported to the House on June 8, 2004. The summary of that version is repeated here.)

 
Identity Theft Penalty Enhancement Act - (Sec. 2) Amends the Federal criminal code to establish penalties for aggravated identity theft. Prescribes sentences, to be imposed in addition to the punishments provided for the related felonies, of: (1) two years' imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including theft of public property, theft by a bank officer or employee, theft from employee benefit plans, various fraud and immigration offenses, and false statements regarding Social Security and Medicare benefits); and (2) five years' imprisonment for knowingly taking such action with respect to a means of identification or a false identification document during and in relation to specified felony violations pertaining to terrorist acts. Prohibits a court from: (1) placing any person convicted of such a violation on probation; (2) reducing any sentence for the related felony to take into account the sentence imposed for such a violation; or (3) providing for concurrent terms of imprisonment for a violation of this Act and a violation under any other Act.
 
(Sec. 3) Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism. 
 
(Sec. 4) Modifies provisions regarding embezzlement and theft of public money, property, or records to provide for combining amounts from all the counts for which the defendant is convicted in a single case for purposes of determining which penalties apply. 
 
(Sec. 5) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position. 
 
(Sec. 6) Authorizes appropriations to the Department of Justice for the investigation and prosecution of identity theft and related credit card and other fraud cases constituting felonies. 


Legislative actions:
action_date: 2004-07-15
text: Became Public Law No: 108-275.
action_date: 2004-07-15
text: Became Public Law No: 108-275.
action_date: 2004-07-15
text: Signed by President.
action_date: 2004-07-15
text: Signed by President.
action_date: 2004-07-08
text: Presented to President.
action_date: 2004-07-08
text: Presented to President.
action_date: 2004-06-25
text: Message on Senate action sent to the House.
action_date: 2004-06-25
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S7527)
action_date: 2004-06-25
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S7527)
action_date: 2004-06-24
text: Received in the Senate, read twice.
action_date: 2004-06-23
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-06-23
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4808-4809)
action_date: 2004-06-23
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H4808-4809)
action_date: 2004-06-23
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1731.
action_date: 2004-06-23
text: Considered under suspension of the rules. (consideration: CR H4808-4811)
action_date: 2004-06-23
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
action_date: 2004-06-08
text: Placed on the Union Calendar, Calendar No. 306.
action_date: 2004-06-08
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-528.
action_date: 2004-06-08
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-528.
action_date: 2004-05-12
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2004-05-12
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-03-30
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
action_date: 2004-03-30
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2004-03-23
text: Subcommittee Hearings Held.
action_date: 2003-05-05
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2003-04-10
text: Referred to the House Committee on the Judiciary.
action_date: 2003-04-10
text: Introduced in House
action_date: 2003-04-10
text: Introduced in House

Enacted as: number: 108-275