First Substitute H.B. 95

Representative Karen W. Morgan proposes the following substitute bill:

1 DOCUMENT FRAUD
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karen W. Morgan
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill creates a Document Fraud-Identity Theft Unit within the Office of the
10 Attorney General to investigate, apprehend, and prosecute individuals and entities
11 involved with identity theft or identity fraud.
12 Highlighted Provisions:
13 This bill:
14 . creates a Document Fraud-Identity Theft Unit within the Office of the Attorney
15 General to prosecute identify theft and identity fraud;
16 . provides for staffing of the unit; and
17 . provides that the primary purpose of the unit is to investigate, apprehend, and
18 prosecute individuals and entities that make, use, or distribute fraudulent documents
19 used for identity purposes.
20 Monies Appropriated in this Bill:
21 This bill appropriates:
22 . as an ongoing appropriation subject to future budget constraints, $275,100 from the
23 General Fund for fiscal year 2008-09, to the Office of the Attorney General to be
24 used to fund the Document Fraud-Identity Theft Unit created in Section 67-5-22.5.
25 Other Special Clauses:

26 This bill takes effect on July 1, 2008.
27 Utah Code Sections Affected:
28 ENACTS:
29 67-5-22.5, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 67-5-22.5 is enacted to read:
33 67-5-22.5. Document Fraud - Identity Theft Unit.
34 (1) In conjunction with Section 76-6-1103 , the attorney general shall establish within
35 the Office of the Attorney General a Document Fraud- Identity Theft Unit, hereafter referred to
36 in this section as "the unit".
37 (2) (a) The unit shall be comprised of at least:
38 (i) one staff attorney; and
39 (ii) one investigator.
40 (b) Subsection (2)(a) does not prohibit the assignment of additional personnel to the
41 unit subject to the availability of funding.
42 (3) The primary purpose of the unit is:
43 (a) to investigate, apprehend, and prosecute individuals and entities that:
44 (i) participate in the production, sale, or distribution of fraudulent documents used for
45 identification purposes, to include identity theft and identity fraud; and
46 (ii) knowingly, intentionally, or recklessly forge, alter counterfeit, or falsely make or
47 provide an identification document for the purpose of obtaining goods or services or any other
48 thing of value; and
49 (b) to specialize in the analysis of fraudulent identification documents created and
50 prepared for individuals who are seeking to illegally obtain goods or services or any other thing
51 of value through use of the documents.
52 Section 2. Appropriation.
53 As an ongoing appropriation subject to future budget constraints, there is appropriated
54 from the General Fund for fiscal year 2008-09, $275,100 to the Office of the Attorney General
55 to fund the Document Fraud-Identity Theft Unit created in Section 67-5-22.5 .
56 Section 3. Effective date.

57 This bill takes effect on July 1, 2008.