A bill to amend title 18, United States Code, to enable increased federal prosecution of identity theft crimes and to allow for restitution to victims of identity theft.
Identity Theft Enforcement and Restitution Act of 2007 - Amends the federal criminal code to: (1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred; (2) expand identity theft and aggravated identity theft crimes to include offenses against organizations (currently, only natural persons are protected); (3) include conspiracy to commit a felony within the definition of "felony violation" for purposes of aggravated identity theft crimes; (4) include making, uttering, or possessing counterfeited securities, mail theft, and tax fraud as predicate offenses for aggravated identity theft; (5) enable prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication; (6) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer; (7) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution; (8) expand the definition of "cyber-extortion" to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; (9) prohibit conspiracies to commit computer fraud; (10) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and (11) impose criminal and civil forfeitures of property used to commit computer fraud offenses.
Directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect increased penalties for such offenses. Sets forth criteria for updating such guidelines and policy statements.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S12938-12939)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S12939-12940)
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 459.
Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(consideration: CR S14568-14572; text of measure as reported in Senate: CR S14568-14569; text as passed Senate: CR S14570-14572)
Passed Senate with amendments by Unanimous Consent. (consideration: CR S14568-14572; text of measure as reported in Senate: CR S14568-14569; text as passed Senate: CR S14570-14572)
Message on Senate action sent to the House.
Received in the House.
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Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.