72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2521
 
                         Senate Bill 599
 
Sponsored by Senator METSGER; Senator BROWN
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Creates statutory cause of action against person who
negligently stores, transmits or disposes of personal
identification when negligent storage, transmission or disposal
allows commission of crime of identity theft. Provides that court
may enjoin defendant who is found to be liable to take all
actions on behalf of plaintiff necessary to correct credit
ratings and other financial records relating to plaintiff.
 
                        A BILL FOR AN ACT
Relating to identity theft.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Any person who suffers damage by reason of
the commission of the crime of identity theft as described by ORS
165.800 may bring a civil action against any other person who
negligently stored, transmitted or disposed of personal
identification, as defined in ORS 165.800, if the negligent
storage, transmission or disposal of personal information allowed
the crime of identity theft to be committed.
  (2) An action may be brought under this section without
conviction of any person of identity theft as described by ORS
165.800, but the plaintiff in the action must establish by a
preponderance of the evidence that the crime of identity theft
has been committed.
  (3) Damages recoverable in an action under this section include
all economic losses suffered by a plaintiff that are attributable
to the identity theft. The court may also enjoin a defendant who
is found to be liable under this section to take all actions on
behalf of the plaintiff necessary to correct credit ratings and
other financial records relating to the plaintiff to ensure that
the plaintiff suffers no additional damages from the identity
theft.
  (4) Subject to the provisions of ORS 30.260 to 30.300, a civil
action under this section may be brought against a public body as
defined in ORS 30.260.
  (5) An action under this section must be commenced within two
years after the violation giving rise to a cause of action
occurs. + }
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