Protect Seniors Against Identity Theft and Fraud Act of 2012

Protect Seniors Against Identity Theft and Fraud Act of 2012 - Amends the federal criminal code to authorize an additional term of imprisonment of not more than 10 years for perpetrators of the following offenses, if they result in harm to a person who is 65 years old or older: (1) fraud and related activity in connection with access devices, computers, electronic mail, or identification documents, authentication features, and information; (2) frauds and swindles; (3) mail fraud-related activity involving the use of a fictitious name or address; (4) fraud by wire, radio, or television; (5) bank fraud; and (6) health care fraud.

Amends the Electronic Fund Transfer Act to limit the liability of a consumer who is 65 years old or older for losses that the financial institution establishes would not have occurred but for the consumer's failure to report any loss or theft of a card or other means of access, to: (1) $50 if the consumer notifies the institution within 7 business days, or (2) no more than $250 if the consumer notifies the institution within 8 to 60 days.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6330 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6330

   To amend title 18, United States Code, to provide for sentencing 
   enhancements for certain identity theft offenses victimizing the 
                    elderly, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2012

  Ms. Hochul introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Financial Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to provide for sentencing 
   enhancements for certain identity theft offenses victimizing the 
                    elderly, 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 ``Protect Seniors Against Identity 
Theft and Fraud Act of 2012''.

SEC. 2. SENTENCING ENHANCEMENTS FOR CERTAIN IDENTITY THEFT OFFENSES 
              VICTIMIZING THE ELDERLY.

    (a) Fraud and Related Activity in Connection With Identification 
Documents, Authentication Features, and Information.--Section 1028 of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(j) Enhancement for Certain Offenses.--If the offense under 
subsection (a) results in harm to any person 65 years of age or older, 
the punishment under subsection (b) may be increased by an additional 
term of imprisonment of not more than 10 years.''.
    (b) Fraud and Related Activity in Connection With Access Devices.--
Section 1029(c) of such title is amended by adding at the end the 
following:
            ``(3) Enhancement for certain offenses.--If the offense 
        under subsection (a) results in harm to any person 65 years of 
        age or older, the punishment under this subsection may be 
        increased by an additional term of imprisonment of not more 
        than 10 years.''.
    (c) Fraud and Related Activity in Connection With Computers.--
Section 1030(c) of such title is amended by adding at the end the 
following:
    ``(k) Enhancement for Certain Offenses.--If the offense under 
subsection (a) results in harm to any person 65 years of age or older, 
the punishment under subsection (c) may be increased by an additional 
term of imprisonment of not more than 10 years.''.
    (d) Fraud and Related Activity in Connection With Electronic 
Mail.--Section 1037 of such title is amended by adding at the end the 
following:
    ``(e) Enhancement for Certain Offenses.--If the offense under 
subsection (a) results in harm to any person 65 years of age or older, 
the punishment under subsection (b) may be increased by an additional 
term of imprisonment of not more than 10 years.''.
    (e) Frauds and Swindles.--Section 1341 of such title is amended by 
adding at the end the following: ``If an offense under this section 
results in harm to any person 65 years of age or older, the punishment 
for that offense may be increased by an additional term of imprisonment 
of not more than 10 years.''.
    (f) Fictitious Name or Address.--Section 1342 of such title is 
amended by adding at the end the following: ``If an offense under this 
section results in harm to any person 65 years of age or older, the 
punishment for that offense may be increased by an additional term of 
imprisonment of not more than 10 years.''.
    (g) Fraud by Wire, Radio, or Television.--Section 1343 of such 
title is amended by adding at the end the following: ``If an offense 
under this section results in harm to any person 65 years of age or 
older, the punishment for that offense may be increased by an 
additional term of imprisonment of not more than 10 years.''.
    (h) Bank Fraud.--Section 1344 of such title is amended by adding at 
the end the following: ``If an offense under this section results in 
harm to any person 65 years of age or older, the punishment for that 
offense may be increased by an additional term of imprisonment of not 
more than 10 years.''.
    (i) Health Care Fraud.--Section 1347 of such title is amended by 
adding at the end the following:
    ``(c) Enhancement for Certain Offenses.--If the offense under 
subsection (a) results in harm to any person 65 years of age or older, 
the punishment under that subsection may be increased by an additional 
term of imprisonment of not more than 10 years.''.

SEC. 3. LIMITATION ON CONSUMER LIABILITY FOR UNAUTHORIZED TRANSFERS.

    Section 909(a) of the Electronic Fund Transfer Act (15 U.S.C. 
1693g(a)) is amended in the matter preceding paragraph (2)--
            (1) by striking ``In addition, reimbursement need not be 
        made to the consumer'' and inserting ``In addition, except as 
        otherwise provided in this section, reimbursement need not be 
        made to the consumer''; and
            (2) by adding at the end the following: ``If the consumer 
        is 65 years of age or older, the consumer's liability shall be 
        no more than $50 if the consumer notifies the financial 
        institution within 7 business days or no more than $250 if the 
        consumer notifies the financial institution within 8 to 60 
        days.''.
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