PRIOR PRINTER'S NO. 188 PRINTER'S NO. 408
No. 178 Session of 2005
INTRODUCED BY CORMAN, WONDERLING, RAFFERTY, TOMLINSON, KITCHEN,
COSTA, LAVALLE, STACK, ORIE, RHOADES, ERICKSON, BOSCOLA,
C. WILLIAMS, LOGAN AND PIPPY, FEBRUARY 7, 2005
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MARCH 15, 2005
AN ACT
1 Providing for the Office of Identity Theft Victim Support in the <--
2 Pennsylvania Commission on Crime and Delinquency;
3 establishing an Identity Theft Advisory Board; and making an
4 appropriation.
5 AMENDING THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), <--
6 ENTITLED "AN ACT PROVIDING FOR VICTIMS' RIGHTS; IMPOSING
7 PENALTIES; ESTABLISHING REMEDIES; ESTABLISHING THE OFFICE OF
8 VICTIM ADVOCATE, THE BUREAU OF VICTIMS' SERVICES, THE
9 VICTIMS' SERVICES ADVISORY COMMITTEE, THE STATE OFFENDER
10 SUPERVISION FUND AND OTHER FUNDS; AND MAKING REPEALS,"
11 FURTHER DEFINING "PERSONAL INJURY CRIME"; FURTHER PROVIDING
12 FOR VICTIMS' SERVICES ADVISORY COMMITTEE MEMBERSHIP AND FOR
13 POWERS AND DUTIES OF COMMITTEE; AND MAKING AN APPROPRIATION.
14 THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
15 (1) IDENTITY THEFT IS A PARTICULARLY LUCRATIVE TYPE OF
16 CRIME AND IS THE FASTEST GROWING WHITE COLLAR CRIME IN THIS
17 COUNTRY.
18 (2) IDENTITY THEFT SEVERELY IMPACTS THE LIVES OF ITS
19 VICTIMS, ESPECIALLY IN TERMS OF THEIR PRIVACY AND FINANCIAL
20 SECURITY.
21 (3) IDENTITY THEFT IS INCREASING THROUGHOUT THE UNITED
22 STATES AND IN THIS COMMONWEALTH.
23 (4) THE VICTIMS OF IDENTITY THEFT NEED ASSISTANCE IN
1 RECOVERING FROM THE CRIME.
2 (5) THE CITIZENS OF THIS COMMONWEALTH SHOULD BE INFORMED
3 ABOUT PREVENTION OF IDENTITY THEFT.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title. <--
7 This act shall be known and may be cited as the Identity
8 Theft Victim Support Act.
9 Section 2. Declaration of policy.
10 The General Assembly finds and declares as follows:
11 (1) Identity theft is a particularly lucrative type of
12 crime and is the fastest growing white collar crime in this
13 country.
14 (2) Identity theft severely impacts the lives of its
15 victims, especially in terms of their privacy and financial
16 security.
17 (3) Identity theft is increasing throughout the United
18 States and in this Commonwealth.
19 (4) The victims of identity theft need assistance in
20 recovering from the crime.
21 (5) The citizens of this Commonwealth should be informed
22 about prevention of identity theft.
23 Section 3. Definitions.
24 The following words and phrases when used in this act shall
25 have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Board." The Identity Theft Advisory Board established in
28 section 5 (relating to board).
29 "Commission." The Pennsylvania Commission on Crime and
30 Delinquency.
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1 "Identity theft." A person commits the offense of identify
2 theft of another person if he possesses or uses personal
3 information of another person without the consent of that other
4 person to further any unlawful purpose.
5 "Office." The Office of Identity Theft Victim Support
6 established in section 4 (relating to office).
7 "Personal information." Any public personal information or
8 private personal information.
9 "Private personal information." Includes all information not
10 encompassed by public personal information.
11 "Public personal information." Includes a person's name,
12 sex, address and listed telephone number.
13 Section 4. Office.
14 (a) Establishment.--
15 (1) The Office of Identity Theft Victim Support is
16 established within the commission.
17 (2) The office shall be headed by an executive director
18 appointed by the commission.
19 (3) The executive director may hire staff for the office
20 as necessary to carry out the office's powers and duties.
21 (b) Functions of office.--The office shall support victims
22 of identity theft by:
23 (1) Assisting victims in reestablishing their financial
24 and other commercial records.
25 (2) Assisting victims in reclaiming their identities.
26 (3) Directing victims to appropriate law enforcement
27 agencies.
28 (4) Assisting victims in rectifying erroneous judicial
29 records that result from the victim's identity theft.
30 Section 5. Board.
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1 (a) Establishment.--
2 (1) The Identity Theft Advisory Board is established as
3 a board within the Office of Identity Theft Victim Support.
4 (2) The board members shall be appointed by the
5 executive director of the office and shall include, but not
6 be limited to, the following:
7 (i) The executive director of the Office of Identity
8 Theft Victim Support, ex officio.
9 (ii) A representative of the Office of Attorney
10 General.
11 (iii) A representative of the Federal Bureau of
12 Investigation.
13 (iv) A representative of an office of the district
14 attorney.
15 (v) A representative of the Pennsylvania State
16 Police.
17 (vi) A representative of a local police agency.
18 (vii) A representative of victims of identity theft.
19 (viii) A postal service inspector.
20 (ix) Any person not above specified whom the
21 executive director may wish to appoint.
22 (3) The executive director of the Office of Identity
23 Theft Victim Support shall serve as chairperson of the board.
24 (b) Duties.--The board shall assist the office in carrying
25 out its functions. The board shall:
26 (1) Compile statistics on identity theft in this
27 Commonwealth. Statistics shall be arranged in terms of number
28 and types of cases.
29 (2) Advise Federal, State and local law enforcement
30 officers on investigation and prosecution of identity theft.
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1 (3) Assist victims of identity theft as to corrective
2 and remedial measures to be taken.
3 (4) Inform the public on prevention and detection of
4 identity theft.
5 (5) Take such other appropriate action deemed necessary
6 to assist the office and the executive director.
7 Section 6. Appropriation.
8 The sum of $500,000, or as much thereof as may be necessary,
9 is hereby appropriated to the Pennsylvania Commission on Crime
10 and Delinquency for the fiscal year July 1, 2005, to June 30,
11 2006, to carry out the provisions of this act.
12 Section 7. Effective date.
13 This act shall take effect in 90 days.
14 SECTION 1. THE DEFINITION OF "PERSONAL INJURY CRIME" IN <--
15 SECTION 103 OF THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111),
16 KNOWN AS THE CRIME VICTIMS ACT, AMENDED NOVEMBER 19, 2004
17 (P.L.838, NO.103), IS AMENDED TO READ:
18 SECTION 103. DEFINITIONS.
19 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
20 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
21 CONTEXT CLEARLY INDICATES OTHERWISE:
22 * * *
23 "PERSONAL INJURY CRIME." AN ACT, ATTEMPT OR THREAT TO COMMIT
24 AN ACT WHICH WOULD CONSTITUTE A MISDEMEANOR OR FELONY UNDER THE
25 FOLLOWING:
26 18 PA.C.S. CH. 25 (RELATING TO CRIMINAL HOMICIDE).
27 18 PA.C.S. CH. 27 (RELATING TO ASSAULT).
28 18 PA.C.S. CH. 29 (RELATING TO KIDNAPPING).
29 18 PA.C.S. CH. 31 (RELATING TO SEXUAL OFFENSES).
30 18 PA.C.S. § 3301 (RELATING TO ARSON AND RELATED
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1 OFFENSES).
2 18 PA.C.S. CH. 37 (RELATING TO ROBBERY).
3 18 PA.C.S. § 4120 (RELATING TO IDENTITY THEFT).
4 18 PA.C.S. CH. 49 SUBCH. B (RELATING TO VICTIM AND
5 WITNESS INTIMIDATION).
6 30 PA.C.S. § 5502.1 (RELATING TO HOMICIDE BY WATERCRAFT
7 WHILE OPERATING UNDER INFLUENCE).
8 THE FORMER 75 PA.C.S. § 3731 (RELATING TO DRIVING UNDER
9 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IN CASES
10 INVOLVING BODILY INJURY.
11 75 PA.C.S. § 3732 (RELATING TO HOMICIDE BY VEHICLE).
12 75 PA.C.S. § 3735 (RELATING TO HOMICIDE BY VEHICLE WHILE
13 DRIVING UNDER INFLUENCE).
14 75 PA.C.S. § 3735.1 (RELATING TO AGGRAVATED ASSAULT BY
15 VEHICLE WHILE DRIVING UNDER THE INFLUENCE).
16 75 PA.C.S. § 3742 (RELATING TO ACCIDENTS INVOLVING DEATH
17 OR PERSONAL INJURY).
18 75 PA.C.S. CH. 38 (RELATING TO DRIVING AFTER IMBIBING
19 ALCOHOL OR UTILIZING DRUGS) IN CASES INVOLVING BODILY INJURY.
20 THE TERM INCLUDES VIOLATIONS OF ANY PROTECTIVE ORDER ISSUED AS A
21 RESULT OF AN ACT RELATED TO DOMESTIC VIOLENCE.
22 * * *
23 SECTION 2. SECTION 321(B) OF THE ACT, AMENDED OCTOBER 30,
24 2000 (P.L.641, NO.86), IS AMENDED TO READ:
25 SECTION 321. COMMITTEE.
26 * * *
27 (B) MEMBERSHIP.--THE COMMITTEE SHALL CONSIST OF [15] 17
28 MEMBERS:
29 (1) THE SECRETARY OF AGING OR A DESIGNEE.
30 (2) THE SECRETARY OF CORRECTIONS OR A DESIGNEE.
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1 (3) THE SECRETARY OF PUBLIC WELFARE OR A DESIGNEE.
2 (4) THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE.
3 (5) THE VICTIM ADVOCATE.
4 (6) A DISTRICT ATTORNEY APPOINTED BY THE GOVERNOR.
5 (7) [NINE] ELEVEN INDIVIDUALS APPOINTED BY THE GOVERNOR.
6 MEMBERS UNDER THIS PARAGRAPH MUST REPRESENT DIRECT VICTIMS,
7 STATEWIDE VICTIMS' COALITIONS, PROSECUTION-BASED
8 VICTIM/WITNESS PROGRAMS AND OTHER VICTIM SERVICE OR VICTIM
9 ADVOCACY ORGANIZATIONS, THE COURTS, MEMBERS OF LOCAL
10 GOVERNMENT AND OTHER VICTIMS' ORGANIZATIONS OR ORGANIZATIONS
11 INVOLVED IN THE COORDINATION OR DELIVERY OF SERVICES TO
12 DIRECT VICTIMS. AT LEAST ONE OF THE GOVERNOR'S APPOINTEES
13 MUST BE A REPRESENTATIVE OF A VICTIMS' SERVICES AGENCY
14 WORKING DIRECTLY WITH CHILDREN AND AT LEAST TWO OF THE
15 GOVERNOR'S APPOINTEES MUST REPRESENT THE INTEREST OF VICTIMS
16 OF IDENTIFY THEFT.
17 * * *
18 SECTION 3. SECTION 322 OF THE ACT, AMENDED OCTOBER 30, 2000
19 (P.L.641, NO.86) AND JUNE 28, 2002 (P.L.496, NO.85), IS AMENDED
20 TO READ:
21 SECTION 322. POWERS AND DUTIES OF COMMITTEE.
22 THE COMMITTEE HAS THE FOLLOWING POWERS AND DUTIES:
23 (1) TO SERVE IN AN ADVISORY CAPACITY TO THE COMMISSION,
24 INCLUDING THE OFFICE OF VICTIMS' SERVICES, THROUGH THE
25 COMMITTEE'S PARTICIPATION IN THE DEVELOPMENT OF THAT PART OF
26 THE COMMISSION'S PLAN RELATING TO DIRECT VICTIMS' SERVICES
27 AND COMPENSATION.
28 (2) TO ADVISE THE COMMISSION ON THE DEVELOPMENT OF
29 DIRECT SERVICES FOR MINOR CHILDREN WHO ARE MATERIAL WITNESSES
30 TO ANY OF THE FOLLOWING CRIMES AND OFFENSES UNDER 18 PA.C.S.
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1 (RELATING TO CRIMES AND OFFENSES) COMMITTED OR ATTEMPTED
2 AGAINST A MEMBER OF THE CHILD'S FAMILY:
3 CHAPTER 25 (RELATING TO CRIMINAL HOMICIDE).
4 SECTION 2702 (RELATING TO AGGRAVATED ASSAULT).
5 SECTION 3121 (RELATING TO RAPE).
6 (3) TO PERFORM THOSE FUNCTIONS RELATED TO THE DIRECT
7 APPROVAL AND DISBURSEMENT OF FINANCIAL ASSISTANCE IN AN
8 ADVISORY CAPACITY ONLY. THE COMMITTEE SHALL HAVE THE
9 OPPORTUNITY TO REVIEW AND COMMENT ON APPLICATIONS OTHER THAN
10 APPLICATIONS FOR CLAIMS FOR COMPENSATION PURSUANT TO SECTIONS
11 702 AND 706 WITHIN 30 DAYS AFTER RECEIPT OF THE APPLICATION
12 FROM THE COMMISSION.
13 (4) TO ADVISE THE COMMISSION ON THE DEFINITION,
14 DEVELOPMENT AND CORRELATION OF PROGRAMS AND PROJECTS AND THE
15 ESTABLISHMENT OF PRIORITIES FOR DIRECT VICTIMS' SERVICES AND
16 COMPENSATION.
17 (5) TO DEVELOP STANDARDS, METHODS AND PROCEDURES FOR
18 EVALUATING AND MONITORING DIRECT VICTIMS' SERVICES.
19 (6) UPON REQUEST, TO PROVIDE ASSISTANCE AND ADVICE TO
20 THE COMMISSION ON ANY OTHER MATTERS RELATING TO DIRECT
21 VICTIMS' SERVICES AND COMPENSATION.
22 (7) TO RECEIVE STAFF SUPPORT FROM THE COMMISSION AND THE
23 OFFICE OF VICTIMS' SERVICES IN ORDER TO ADEQUATELY PERFORM
24 THE DUTIES PROVIDED FOR IN THIS SECTION.
25 (8) TO SUPPORT VICTIMS OF IDENTITY THEFT BY ASSISTING
26 THEM TO REESTABLISH THEIR FINANCIAL AND OTHER COMMERCIAL
27 RECORDS, RECLAIM THEIR IDENTITIES AND RECTIFY ERRONEOUS
28 JUDICIAL RECORDS THAT RESULT FROM THE UNLAWFUL THEFT OF THEIR
29 IDENTITIES.
30 (9) TO COMPILE STATISTICS ON IDENTITY THEFT IN THIS
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1 COMMONWEALTH, ADVISE FEDERAL, STATE AND LOCAL LAW ENFORCEMENT
2 OFFICERS ON INVESTIGATION AND PROSECUTION OF IDENTITY THEFT,
3 ASSIST VICTIMS OF IDENTITY THEFT AS TO CORRECTIVE AND
4 REMEDIAL MEASURES TO BE TAKEN, INFORM THE PUBLIC ON
5 PREVENTION AND DETECTION OF IDENTITY THEFT AND TAKE SUCH
6 OTHER APPROPRIATE ACTION DEEMED NECESSARY TO ASSIST THE
7 COMMISSION ON IDENTITY THEFT.
8 SECTION 4. THE SUM OF $500,000, OR AS MUCH THEREOF AS MAY BE
9 NECESSARY, IS HEREBY APPROPRIATED TO THE PENNSYLVANIA COMMISSION
10 ON CRIME AND DELINQUENCY FOR THE FISCAL YEAR JULY 1, 2005, TO
11 JUNE 30, 2006, TO CARRY OUT THE PROVISIONS OF THIS ACT.
12 SECTION 5. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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