Home > 108th Congressional Bills > S. 153 (rs) To amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes. [Reported in Senate] ...S. 153 (rs) To amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes. [Reported in Senate] ...
108th CONGRESS
1st Session
S. 153
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2003
Referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to establish penalties for
aggravated identity theft, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Penalty Enhancement
Act''.
SEC. 2. AGGRAVATED IDENTITY THEFT.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding after section 1028, the following:
``Sec. 1028A. Aggravated identity theft
``(a) Offenses.--
``(1) In general.--Whoever, during and in relation to any
felony violation enumerated in subsection (c), knowingly
transfers, possesses, or uses, without lawful authority, a
means of identification of another person shall, in addition to
the punishment provided for such felony, be sentenced to a term
of imprisonment of 2 years.
``(2) Terrorism offense.--Whoever, during and in relation
to any felony violation enumerated in section 2332b(g)(5)(B),
knowingly transfers, possesses, or uses, without lawful
authority, a means of identification of another person shall,
in addition to the punishment provided for such felony, be
sentenced to a term of imprisonment of 5 years.
``(b) Consecutive Sentence.--Notwithstanding any other provision of
law--
``(1) a court shall not place on probation any person
convicted of a violation of this section;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any other term of imprisonment imposed on the
person under any other provision of law, including any term of
imprisonment imposed for the felony during which the means of
identification was transferred, possessed, or used;
``(3) in determining any term of imprisonment to be imposed
for the felony during which the means of identification was
transferred, possessed, or used, a court shall not in any way
reduce the term to be imposed for such crime so as to
compensate for, or otherwise take into account, any separate
term of imprisonment imposed or to be imposed for a violation
of this section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the court,
run concurrently, in whole or in part, only with another term
of imprisonment that is imposed by the court at the same time
on that person for an additional violation of this section,
provided that such discretion shall be exercised in accordance
with any applicable guidelines and policy statements issued by
the Sentencing Commission pursuant to section 994 of title 28.
``(c) Definition.--For purposes of this section, the term `felony
violation enumerated in subsection (c)' means any offense that is a
felony violation of--
``(1) section 664 (relating to theft from employee benefit
plans);
``(2) section 911 (relating to false personation of
citizenship);
``(3) section 922(a)(6) (relating to false statements in
connection with the acquisition of a firearm);
``(4) any provision contained in this chapter (relating to
fraud and false statements), other than this section or section
1028(a)(7);
``(5) any provision contained in chapter 63 (relating to
mail, bank, and wire fraud);
``(6) any provision contained in chapter 69 (relating to
nationality and citizenship);
``(7) any provision contained in chapter 75 (relating to
passports and visas);
``(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C.
6823) (relating to obtaining customer information by false
pretenses);
``(9) section 243 or 266 of the Immigration and Nationality
Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to
leave the United States after deportation and creating a
counterfeit alien registration card);
``(10) any provision contained in chapter 8 of title II of
the Immigration and Nationality Act (8 U.S.C. 1321 et seq.)
(relating to various immigration offenses); or
``(11) section 208, 1107(b), or 1128B(a) of the Social
Security Act (42 U.S.C. 408, 1307(b), and 1320a-7b(a))
(relating to false statements relating to programs under the
Act).''.
(b) Amendment to Chapter Analysis.--The table of sections for
chapter 47 of title 18, United States Code, is amended by inserting
after the item relating to section 1028 the following new item:
``1028A. Aggravated identity theft.''.
SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PROHIBITION.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(7)--
(A) by striking ``transfers'' and inserting
``transfers, possesses,''; and
(B) by striking ``abet,'' and inserting ``abet, or
in connection with,'';
(2) in subsection (b)(1)(D), by striking ``transfer'' and
inserting ``transfer, possession,'';
(3) in subsection (b)(2), by striking ``three years'' and
inserting ``5 years''; and
(4) in subsection (b)(4), by inserting after ``facilitate''
the following: ``an act of domestic terrorism (as defined under
section 2331(5) of this title) or''.
Passed the Senate March 19, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.
Pages: 1 Other Popular 108th Congressional Bills Documents:
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