• 

  News and Publications

  • Media Room
  • News: Federal
  • News: State
  • Publications
  • Subscriptions

• 

  Seminars and Services

  • Convention
  • Event Calendar
  • Services

• 

  Government Affairs

  • Advocacy
  • Compliance
  • Issue Resources
  • Legislative Reports
  • Public Policy
  • Political Action

• 

  About NAMIC

  • Membership
  • History
  • Member Directory
  • Employment
  • Affiliates
  • Contact

Read	E-mail Print

Arizona: NAMIC Supports Mandatory Sentence for Identity Theft

The Arizona Legislature has pre-filed a draft bill titled, "Taking Identity of Another Person or Entity," that will amend current law to impose mandatory incarceration for certain identity theft crimes. NAMIC is pleased to see the Legislature address the problem of identity theft by creating criminal penalties that are designed to act as a meaningful deterrent to the criminal use of personal identity information.

The proposed changes to the current identity theft criminal statute are as follows:

• IF A DEFENDANT IS CONVICTED OF A VIOLATION OF THIS SECTION AND THE COURT SENTENCES THE DEFENDANT TO A TERM OF PROBATION, THE COURT SHALL ORDER THAT AS AN INITIAL CONDITION OF PROBATION THE DEFENDANT BE IMPRISONED IN THE COUNTY JAIL FOR A PERIOD OF NOT LESS THAN ONE HUNDRED EIGHTY DAYS. THIS JAIL TERM OF INCARCERATION SHALL NOT BE DEFERRED, DELETED OR OTHERWISE SUSPENDED AND SHALL COMMENCE ON THE DATE OF SENTENCING. THIS SUBSECTION DOES NOT APPLY TO PERSONS WHO ARE SENTENCED TO SERVE A PERIOD OF INCARCERATION IN THE STATE DEPARTMENT OF CORRECTIONS.
• IF A DEFENDANT IS CONVICTED OF A VIOLATION OF THIS SECTION AND THE COURT SENTENCES THE DEFENDANT TO A TERM OF PROBATION, THE COURT SHALL ORDER THAT AS AN INITIAL CONDITION OF PROBATION THE DEFENDANT BE IMPRISONED IN THE COUNTY JAIL FOR A PERIOD OF NOT LESS THAN TWO HUNDRED SEVENTY DAYS. THIS JAIL TERM OF INCARCERATION SHALL NOT BE DEFERRED, DELETED OR OTHERWISE SUSPENDED AND SHALL COMMENCE ON THE DATE OF SENTENCING. THIS SUBSECTION DOES NOT APPLY TO PERSONS WHO ARE SENTENCED TO SERVE A PERIOD OF INCARCERATION IN THE STATE DEPARTMENT OF CORRECTIONS.
• IF A DEFENDANT IS CONVICTED OF A VIOLATION OF THIS SECTION AND THE COURT SENTENCES THE DEFENDANT TO A TERM OF PROBATION, THE COURT SHALL ORDER THAT AS AN INITIAL CONDITION OF PROBATION THE DEFENDANT BE IMPRISONED IN THE COUNTY JAIL FOR A PERIOD OF NOT LESS THAN ONE YEAR. THIS JAIL TERM OF INCARCERATION SHALL NOT BE DEFERRED, DELETED OR OTHERWISE SUSPENDED AND SHALL COMMENCE ON THE DATE OF SENTENCING. THIS SUBSECTION DOES NOT APPLY TO PERSONS WHO ARE SENTENCED TO SERVE A PERIOD OF INCARCERATION IN THE STATE DEPARTMENT OF CORRECTIONS.

NAMIC will work with its member companies and the state legislature to draft legislation that protects consumers from the criminal use of an individual's identity. Creating potent criminal sanctions against the misappropriation and use of identity information is a very important step in fighting the war against identity theft. Updates will be provided.

Direct questions to NAMIC State Affairs Manager Christian Rataj.