I 112th CONGRESS 2d Session H. R. 6330 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.

1.

Short title

This Act may be cited as the Protect Seniors Against Identity Theft and Fraud Act of 2012.

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. .

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..