House File 2247 - Introduced
HOUSE FILE
BY SANDS
(COMPANION TO LSB 5518SS BY
WARNSTADT)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the issuance of identity theft passports by
2 the attorney general.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5518YH 81
5 kk/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 715A.9A IDENTITY THEFT PASSPORT.
1 2 1. The attorney general, in cooperation with any law
1 3 enforcement agency, may issue an identity theft passport to a
1 4 person who meets both of the following requirements:
1 5 a. Is a victim of identity theft in this state as
1 6 described in section 715A.8.
1 7 b. Has filed a police report with any law enforcement
1 8 agency citing that the person is a victim of identity theft.
1 9 2. A victim who has filed a report of identity theft with
1 10 a law enforcement agency may apply for an identity theft
1 11 passport through the law enforcement agency. The law
1 12 enforcement agency shall send a copy of the police report and
1 13 the application to the attorney general, who shall process the
1 14 application and supporting report and may issue the victim an
1 15 identity theft passport in the form of a card or certificate.
1 16 3. A victim of identity theft issued an identity theft
1 17 passport may present the passport to any of the following:
1 18 a. A law enforcement agency, to help prevent the victim's
1 19 arrest or detention for an offense committed by someone other
1 20 than the victim who is using the victim's identity.
1 21 b. A creditor of the victim, to aid in the creditor's
1 22 investigation and establishment of whether fraudulent charges
1 23 were made against accounts in the victim's name or whether
1 24 accounts were opened using the victim's identity.
1 25 c. A consumer reporting agency, which shall accept the
1 26 passport as notice of a dispute and shall include notice of
1 27 the dispute in all future reports that contain disputed
1 28 information caused by identity theft.
1 29 4. A law enforcement agency, creditor, or consumer
1 30 reporting agency may accept an identity theft passport issued
1 31 pursuant to this section and presented by a victim at the
1 32 discretion of the law enforcement agency, creditor, or
1 33 consumer reporting agency. A law enforcement agency,
1 34 creditor, or consumer reporting agency may consider the
1 35 surrounding circumstances and available information regarding
2 1 the offense of identity theft pertaining to the victim.
2 2 5. An application made with the attorney general under
2 3 subsection 2, including any supporting documentation, shall be
2 4 confidential and shall not be a public record subject to
2 5 disclosure under chapter 22.
2 6 6. The attorney general shall adopt rules necessary to
2 7 implement this section, which shall include a procedure by
2 8 which the attorney general shall assure that an identity theft
2 9 passport applicant has an identity theft claim that is
2 10 legitimate and adequately substantiated.
2 11 EXPLANATION
2 12 This bill authorizes the attorney general to issue an
2 13 identity theft passport to a victim of the criminal offense of
2 14 identity theft, as defined in Code section 715A.8, who has
2 15 filed a police report with a law enforcement agency. A victim
2 16 of identity theft may apply for an identity theft passport
2 17 with the law enforcement agency, which shall send a copy of
2 18 the police report and application to the attorney general.
2 19 The identity theft passport shall be in the form of a card
2 20 or certificate which the victim may present to a law
2 21 enforcement agency, creditor, or consumer reporting agency to
2 22 help protect the victim from false criminal charges and
2 23 fraudulent credit charges. A law enforcement agency,
2 24 creditor, or consumer reporting agency may use discretion as
2 25 to whether to accept the identity theft passport after
2 26 considering surrounding circumstances and available
2 27 information concerning the commission of identity theft
2 28 against the victim presenting the passport.
2 29 An application for an identity theft passport and all
2 30 supporting documents shall be confidential and not considered
2 31 a public record under Code chapter 22. The attorney general
2 32 shall adopt rules necessary to issue the identity theft
2 33 passports and to ensure that applications for the identity
2 34 theft passports are legitimate.
2 35 LSB 5518YH 81
3 1 kk:nh/cf/24