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