Coloradans must have protection

Normally, if we said Colorado was ranked fifth in something, we would be pretty proud. Being at the top of any list takes hard work and determination. But, we're embarrassed to note an exception:

Colorado ranks fifth nationally in the number of complaints of identity theft. And to make matters worse, we have no concrete law to handle the problem. And worse still, we're the only state with absolutely no legislation that specifically addresses identity theft.

Fortunately, at least three bills are making their way through Colorado's legislative process this session. The strongest one is co-sponsored by Rep. Jim Riesberg, D-Greeley, along with Rep. Bill Crane, a Republican from Arvada.

House Bill 1326 would make it a felony if someone is convicted of identity theft. The specifics, according to Melissa Elder of the House Republican Communications Office: Identity theft would be "a Class 4 felony for: using or possessing another person's information, credit card, check or other financial device for some gain; creating or tampering with financial devices with the intent to defraud a person or to apply for a financial devise or government-issued document; or conspiring with or soliciting another person in these acts."

This measure has teeth in it and gives law enforcement and district attorneys something to bite on when it comes to safeguarding the public.

Identify theft has become one of the more egregious crimes in modern times and the most difficult to control, prosecute and remedy. People whose identity is taken lose more than bank accounts and credit cards. Their credit and employment histories are jeopardized. Their time is controlled as they try to unravel what the crook has done. And there is an emotional toll.

Until recently, it seemed as if no one wanted to help these victims; after all, no business or agency is out money -- just the individual victim.

Legislation to fight and punish identity theft varies among the 49 states (and the District of Columbia) that have passed statutes. For example, in Nebraska, criminal impersonation can result in penalty and restitution depending on the amount of money or other things of value that are "taken" from the victim. This year, the Nebraska legislature also is looking to institute an "Identity Theft Passport" program. This is similar to proposals in Delaware, Iowa, Pennsylvania and Virginia. Basically, victims of identity theft are issued a card or other document that verifies they have had their identity stolen. The card can be used to protect the individual against arrest, erroneous credit reports and the like. This system has merit and is one Colorado lawmakers should consider when the 2007 session begins.

But for now, we are satisfied with the efforts being made at our Statehouse to combat this invisible crime.

Weld District Attorney Ken Buck laments that the number of identity theft cases is increasing so rapidly in the county that "law enforcement can't keep up with taking reports." Buck says, while legislation is needed, "prevention is the answer." His top three warnings:

« Never give personal information over the phone, especially when the call is unsolicited.

« Be careful about where you mail bills and other personal documents. Go to the post office; don't use your mailbox.

« Shred everything: bills, bank statements, etc.

Meanwhile, we encourage the Colorado legislature to look closely at Riesberg's bill, as well as the other two. Colorado must have something to draw attention to this crime, safeguard our residents and put the thieves on notice:We take identity theft seriously.

COLORADO ID THEFT LEGISLATION

« House Bill 1156 would restrict the use of a Social Security number by nongovernmental entities.

« House Bill 1326 would make identity theft a felony punishable by up to six years in prison.

« House Bill 1347 would create an identity theft and financial fraud deterrence board and a task force to provide statewide support to law enforcement agencies in addressing identity theft and financial fraud crimes.

Source: Melissa Elder, Colorado House Republican Communications Office

TO MINIMIZE RISK

Go the the Federal Trade Commission's Web site at www.consumer.gov/idtheft/con_minimize.htm.

CONTACT INFORMATION Rep. Jim Riesberg, D-Greeley

200 E. Colfax Ave., Denver, CO80203; (303) 866-2929; jim.riesberg@house50.com

« Web site: www.house50.com