THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BAKER, CLYMER, J. EVANS, MAJOR, BARRAR, BOYD, CARROLL, GEORGE, GINGRICH, GODSHALL, GOODMAN, GRELL, GROVE, HARHART, HARRIS, HORNAMAN, KAUFFMAN, M.K. KELLER, McGEEHAN, MILLARD, MILLER, MUSTIO, O'NEILL, PICKETT, RAPP, READSHAW, SCAVELLO, VULAKOVICH, WATSON, DENLINGER, HARHAI, GILLESPIE AND CAUSER, JANUARY 25, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 25, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for identity theft

verification passport.

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.

(a)  Issuance.--

(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

report.

(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 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.