Bill Text: NY A02795 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides certain relief for persons who are victims of identity theft; provides for destruction of sealing of certain police and court records and for issuance of an identity theft passport.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Introduced - Dead) 2013-04-30 - held for consideration in codes [A02795 Detail]

Download: New_York-2013-A02795-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2795
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 18, 2013
                                      ___________
       Introduced  by M. of A. REILICH, FINCH, WEISENBERG -- Multi-Sponsored by
         -- M. of A. BARCLAY, COLTON, CROUCH, GIGLIO, McDONOUGH, OAKS  --  read
         once and referred to the Committee on Codes
       AN  ACT  to amend the criminal procedure law, in relation to destruction
         and sealing of certain court and police records and the issuance of an
         identity theft passport
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  criminal  procedure  law  is amended by adding a new
    2  section 160.65 to read as follows:
    3  S 160.65 EXPUNGEMENT OF FALSE IDENTITY INFORMATION FROM POLICE AND COURT
    4              RECORDS; IDENTITY THEFT PASSPORT.
    5    ANY PERSON WHOSE NAME OR OTHER IDENTIFICATION HAS  BEEN  USED  WITHOUT
    6  HIS  OR  HER  CONSENT  OR  AUTHORIZATION  BY ANOTHER PERSON WHO HAS BEEN
    7  CHARGED OR ARRESTED USING SUCH NAME OR IDENTIFICATION MAY FILE  A  PETI-
    8  TION  WITH THE COURT FOR RELIEF PURSUANT TO SECTION 160.50 OF THIS ARTI-
    9  CLE.  A PERSON WHO HAS PETITIONED THE COURT TO SEAL OR  DESTROY  RECORDS
   10  PURSUANT  TO  SECTION  160.50 OF THIS ARTICLE AS A RESULT OF A VIOLATION
   11  RELATING TO IDENTITY THEFT UNDER ARTICLE ONE HUNDRED NINETY OF THE PENAL
   12  LAW AGAINST SUCH PERSON MAY SUBMIT TO THE ATTORNEY GENERAL  A  CERTIFIED
   13  COPY  OF A COURT ORDER OBTAINED PURSUANT TO SECTION 160.50 OF THIS ARTI-
   14  CLE.  THE ATTORNEY GENERAL, IN COOPERATION WITH THE  STATE  POLICE,  MAY
   15  ISSUE  AN  "IDENTITY THEFT PASSPORT" STATING THAT SUCH AN ORDER HAS BEEN
   16  SUBMITTED AND MAY INCLUDE THE  VICTIM'S  PHOTOGRAPH  AND  A  FINGERPRINT
   17  RECORD.    THE  ATTORNEY  GENERAL  MAY  PROVIDE ACCESS TO IDENTITY THEFT
   18  INFORMATION TO  CRIMINAL  JUSTICE  AGENCIES  AND  INDIVIDUALS  WHO  HAVE
   19  SUBMITTED  A  COURT  ORDER  PURSUANT TO THIS SECTION.  WHEN THE ATTORNEY
   20  GENERAL ISSUES AN IDENTITY THEFT PASSPORT, IT SHALL TRANSMIT A RECORD OF
   21  THE ISSUANCE OF THE PASSPORT TO THE DEPARTMENT OF MOTOR VEHICLES.   SUCH
   22  DEPARTMENT  SHALL  NOTE ON THE INDIVIDUAL'S DRIVER ABSTRACT THAT A COURT
   23  ORDER WAS OBTAINED PURSUANT TO SECTION 160.50 OF THIS ARTICLE  AND  THAT
   24  AN IDENTITY THEFT PASSPORT HAS BEEN ISSUED.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01279-01-3