Senate File 2282 - Introduced

                                       SENATE FILE       
                                       BY  WARNSTADT

    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         

                                      A BILL FOR

  1 An Act relating to the issuance of identity theft passports by
  2    the attorney general.
  4 TLSB 5518SS 81
  5 kk/cf/24


  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 5518SS 81
  3  1 kk:nh/cf/24