PRINTER'S NO.  230

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

225

Session of

2009

  

  

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  

  

  

  

AN ACT

  

1

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

2

Consolidated Statutes, providing for identity theft

3

verification passport.

4

The General Assembly of the Commonwealth of Pennsylvania

5

hereby enacts as follows:

6

Section 1.  Title 18 of the Pennsylvania Consolidated

7

Statutes is amended by adding a section to read:

8

§ 4121.  Identity theft verification passport.

9

 (a)  Issuance.--

10

(1)  The Attorney General in cooperation with any law

11

enforcement agency may issue an identity theft passport to a

12

person who meets all of the following criteria:

13

(i)  Is a resident of this Commonwealth.

14

(ii)  Learns or reasonably believes the person is a

15

victim of identity theft.

16

(iii)  Has filed a police report citing that the

 


1

person is a victim of a violation of section 4120

2

(relating to identity theft).

3

(2)  A person who learns or reasonably suspects that the

4

person is a victim of identity theft may contact the local 

5

law enforcement agency that has jurisdiction where the person

6

resides. The local law enforcement agency:

7

(i)  Shall make a police report of the matter whether

8

or not the agency has jurisdiction to investigate and

9

prosecute a crime of identity theft against the victim.

10

(ii)  Shall provide the victim with a copy of the

11

report.

12

(iii)  May refer the report to a law enforcement

13

agency with jurisdiction to investigate and prosecute a

14

crime of identify theft.

15

(3)  Nothing in this subsection shall interfere with the

16

discretion of a local law enforcement agency to allocate

17

resources for investigations of crimes.

18

(4)  A report filed by a victim of identity theft is not

19

required to be counted as an open case for purposes of

20

compiling open case statistics.

21

(5)  A victim may apply for an identity theft passport by

22

sending a copy of the police report, an application for an

23

identity theft passport and any other supporting

24

documentation requested by the Attorney General to the Office

25

of the Attorney General.

26

(6)  The Attorney General shall process the application

27

and supporting police report and may issue the victim of

28

identity theft an identity theft passport in the form of a

29

card or certificate.

30

(b)  Use.--A verification card or certificate issued by the

- 2 -

 


1

Attorney General may be presented to any of the following:

2

(1)  A law enforcement agency to assist the agency in its

3

investigation into whether false charges were made against

4

the victim for an offense committed by a person other than

5

the victim who is using the victim's identity.

6

(2)  Any creditor of the victim to aid in the creditor's

7

investigation and establishment of whether fraudulent charges 

8

were made against accounts in the victim's name or whether

9

accounts were opened using the victim's identity.

10

(3)  Any other entity to aid in the entity's

11

investigation of whether the victim's identity was obtained

12

fraudulently or used without the victim's consent.

13

(c)  Acceptance.--Acceptance of the identity theft

14

verification passport by a law enforcement agency, creditor or

15

other entity in accordance with subsection (b) is at the

16

discretion of the law enforcement agency, creditor or entity.

17

The identity theft passport as well as surrounding circumstances

18

and available information concerning the offense of identity

19

theft against the victim may be considered in determining

20

whether to accept the identity theft passport.

21

(d)  Public record.--An application for an identity theft

22

passport under subsection (a) and any supporting documentation

23

are not a public record. However, the Attorney General may

24

provide access to the applications and supporting documentation

25

to other criminal justice or law enforcement agencies in this

26

Commonwealth or another state.

27

Section 2.  This act shall take effect in 60 days.

- 3 -

 


See other bills
under the
same topic