10 LC 29
4006
House
Bill 1016
By:
Representatives Golick of the
34th,
Hatfield of the
177th,
Levitas of the
82nd,
Ramsey of the
72nd,
Setzler of the
35th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia
Annotated, relating to identity fraud, so as to revise a term so as to include
businesses as potential identity theft victims; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating
to identity fraud, is amended by revising subsection (a) of Code Section
16-9-121, relating to elements of the offense of identity fraud, as
follows:
"(a)
A person commits the offense of identity fraud when he or she willfully and
fraudulently:
(1)
Without authorization or consent, uses or possesses with intent to fraudulently
use,
identifying information concerning
an
individual
a
person;
(2)
Uses identifying information of an individual under 18 years old over whom he or
she exercises custodial authority;
(3)
Uses or possesses with intent to fraudulently
use,
identifying information concerning a deceased individual;
(4)
Creates, uses, or possesses with intent to fraudulently
use,
any counterfeit or fictitious identifying information concerning a fictitious
individual
person
with intent to use such counterfeit or fictitious identification information for
the purpose of committing or facilitating the commission of a crime or fraud on
another person; or
(5)
Without authorization or consent, creates, uses, or possesses with intent to
fraudulently
use,
any counterfeit or fictitious identifying information concerning a real
individual
person
with intent to use such counterfeit or fictitious identification information for
the purpose of committing or facilitating the commission of a crime or fraud on
another person."
SECTION
2.
Said
article is further amended by revising paragraph (4) of Code Section 16-9-128,
relating to exemptions, as follows:
"(4)
The good faith use of identifying information with the permission of the
affected
individual
person."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.