A N A C T
RELATING TO CRIMINAL OFFENSES -- IMPERSONATION -- IDENTITY FRAUD
It is enacted by the General Assembly as follows:
SECTION 1. Title 11 of the General Laws entitled "Criminal Offenses" is hereby amended by adding thereto the following chapter:
IMPERSONATION AND IDENTITY FRAUD
11-49.1-1. Short title. -- This chapter shall be known and may be cited as the "Impersonation and Identity Fraud Act."
11-49.1-2. Definitions. -- As used in this chapter:
(a) "Document-making implement" means any implement, impression, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement;
(b) "Identification document" means a document made or card issued by or under the authority of the United States Government, a state, political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals;
(c) "Means of identification" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any:
(1) name, social security number, date of birth, official state or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number;
(2) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
(3) unique electronic identification number, address, or routing code; or
(4) telecommunication identifying information or access device as defined in 18 U.S.C. 1029(e).
(d) "Produce" means to manufacture, alter, authenticate, or assemble an identification document; and
(e) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.
11-49.1-3. Identity fraud. -- Any person who shall:
(a)(1) Knowingly and without lawful authority produce an identification document or a false identification document; or
(2) Knowingly transfer an identification document or a false identification document knowing that such document was stolen or produced without lawful authority; or
(3) Knowingly possess with intent to use unlawfully or transfer unlawfully five (5) or more identification documents (other than those issued lawfully for the use of the possessor) or false identification documents; or
(4) Knowingly possess an identification document (other than one issued lawfully for the use of the possessor) or a false identification document, with the intent such document be used to defraud the United States, the State of Rhode Island , any political subdivision thereof or any public or private entity; or
(5) Knowingly transfer, or possess a document-making implement with the intent such document-making implement will be used in the production of a false identification document or another document-making implement which will be so used; or
(6) Knowingly possess a false identification document that is or appears to be a genuine identification document of the United States, the State of Rhode Island or any political subdivision thereof or any public or private entity which is stolen or produced without lawful authority knowing that such document was stolen or produced without such authority; or
(7) Knowingly transfer or use with intent to defraud, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal, state or local law; shall be guilty of a felony and shall be subject to the penalties set forth in section 11-49.1-4.
(b) The provisions of this section shall not apply to any person who has not reached his or her twenty-first (21st) birthday, who misrepresents or misstates his or her age through the presentation of any document in order to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her alcoholic beverages or attempting to purchase or have another person purchase for him or her any alcoholic beverage pursuant to section 3-8-6.
11-49.1-4. Penalties. - (a) Every person who violates the provisions of section 11-49.1-3 shall be imprisoned for not more than three (3) years and may be fined not more than five thousand dollars ($5,000) or both for a first conviction.
(b) Every person who violates the provisions of section 11-49.1-3 may be imprisoned for not less than three (3) years nor more than five (5) years and shall be fined not more than ten thousand dollars ($10,000) or both for a second conviction.
(c) Every person who violates the provisions of section 11-49.1-3 shall be imprisoned for not less than five (5) years nor more than ten (10) years and shall be fined not less than fifteen thousand dollars ($15,000) or both for a third or subsequent conviction.
11-49.1-5. Search warrants and forfeitures apparatus. - (a)(1) Search warrants to search for and seize implements, apparatus, paraphernalia and other property and devices kept, possessed or used in violation of any of the provisions of this chapter, or as a means of committing a violation of this chapter may be issued as provided by law in chapter 5 of title 12; and all implements, apparatus, paraphernalia or other apparatus or devices found by any officer in executing a search warrant or which shall be produced and brought into court shall be forfeited to the state, and further proceedings shall be had thereon for their forfeiture as is prescribed by law in chapter 21 of title 12 and upon entry of final judgment or forfeiture shall be destroyed by order of the court.
(2) In addition, those items which were kept, possessed, or used in violation of any of the provisions of this chapter and which have a monetary value may be seized and forfeited, and further proceedings shall be had for their forfeiture as is prescribed by laws in chapter 21 of title 12 and the further provisions of this section; provided, however, that no property or money used by any person shall be forfeited under the provisions of this chapter unless it shall appear that the owner of the property or money had knowledge, actual or constructive, and was a consenting party to the alleged illegal act.
(b) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure and whenever property or money is forfeited under this chapter it shall be utilized as follows:
(1) The law enforcement agency may sell any forfeited property which is not required by this chapter to be destroyed and which is not harmful to the public. The proceeds from such sale are to be distributed in accordance with subsection (2).
(2) As to the proceeds from the sale of seized property as referred to above in subsection (b)(1) and as to personal property referred to in subsection (a) of this section, the distribution shall be as follows:
(i) All proceeds of the forfeiture of real or personal property shall be distributed as follows:
(A) Twenty percent (20%) of the proceeds shall be provided to the attorney general's department to be used to further law enforcement activities pursuant to this chapter including, but not limited to, investigations, prosecutions, and the administration of this chapter;
(B) Eighty percent (80%) of the proceeds shall be divided among the state and local law enforcement agencies proportionately based upon their contribution to the investigation of the criminal activity related to the asset being forfeited.
(ii) The law enforcement agencies involved in the investigation with the assistance of the attorney general shall by agreement determine the respective proportionate share to be received by each agency. If the agencies are unable to reach agreement, application shall be made by one or more of the agencies involved to the presiding justice of the superior court, who shall determine the respective proportionate share attributable to each law enforcement agency. The proceeds from all forfeitures shall be held by the general treasurer in a separate account until such time as an allocation is determined by agreement of the agencies or by the presiding justice. It shall be the duty and responsibility of the general treasurer to disburse the allocated funds from the separate account to the respective law enforcement agencies.
SECTION 2. This act shall take effect upon passage and shall apply to those offenses which occur after the date of passage.