THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY BAKER, PICKETT, MAJOR, ARGALL, BARRAR, BELFANTI, BEYER, BOYD, CAUSER, CLYMER, CREIGHTON, CUTLER, FAIRCHILD, FLECK, GEORGE, GINGRICH, GODSHALL, GRELL, GROVE, HALUSKA, HARRIS, HENNESSEY, HESS, KAUFFMAN, M. KELLER, KILLION, KORTZ, KOTIK, LONGIETTI, MAHONEY, MILLARD, MILLER, MILNE, O'NEILL, READSHAW, ROHRER, SCAVELLO, SIPTROTH, STEVENSON, SWANGER, THOMAS, VULAKOVICH AND WANSACZ, FEBRUARY 3, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2009
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, providing for identity theft
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 4121. Identity theft verification passport.
(1) The Attorney General in cooperation with any law
enforcement agency may issue an identity theft passport to a
person who meets all of the following criteria:
(i) Is a resident of this Commonwealth.
(ii) Learns or reasonably believes the person is a
victim of identity theft.
(iii) Has filed a police report citing that the
person is a victim of a violation of section 4120
(relating to identity theft).
(2) A person who learns or reasonably suspects that the
person is a victim of identity theft may contact the local
law enforcement agency that has jurisdiction where the person
resides. The local law enforcement agency:
(i) Shall make a police report of the matter whether
or not the agency has jurisdiction to investigate and
prosecute a crime of identity theft against the victim.
(ii) Shall provide the victim with a copy of the
(iii) May refer the report to a law enforcement
agency with jurisdiction to investigate and prosecute a
crime of identify theft.
(3) Nothing in this subsection shall interfere with the
discretion of a local law enforcement agency to allocate
resources for investigations of crimes.
(4) A report filed by a victim of identity theft is not
required to be counted as an open case for purposes of
compiling open case statistics.
(5) A victim may apply for an identity theft passport by
sending a copy of the police report, an application for an
identity theft passport and any other supporting
documentation requested by the Attorney General to the Office
of the Attorney General.
(6) The Attorney General shall process the application
and supporting police report and may issue the victim of
identity theft an identity theft passport in the form of a
card or certificate.
(b) Use.--A verification card or certificate issued by the
Attorney General may be presented to any of the following:
(1) A law enforcement agency to assist the agency in its
investigation into whether false charges were made against
the victim for an offense committed by a person other than
the victim who is using the victim's identity.
(2) Any creditor of the victim to aid in the creditor's
investigation and establishment of whether fraudulent charges
were made against accounts in the victim's name or whether
accounts were opened using the victim's identity.
(3) Any other entity to aid in the entity's
investigation of whether the victim's identity was obtained
fraudulently or used without the victim's consent.
(c) Acceptance.--Acceptance of the identity theft
verification passport by a law enforcement agency, creditor or
other entity in accordance with subsection (b) is at the
discretion of the law enforcement agency, creditor or entity.
The identity theft passport as well as surrounding circumstances
and available information concerning the offense of identity
theft against the victim may be considered in determining
whether to accept the identity theft passport.
(d) Public record.--An application for an identity theft
passport under subsection (a) and any supporting documentation
are not a public record. However, the Attorney General may
provide access to the applications and supporting documentation
to other criminal justice or law enforcement agencies in this
Commonwealth or another state.
Section 2. This act shall take effect in 60 days.