Assembly Bill A2795

2013-2014 Legislative Session

Relates to providing certain relief for persons who are victims of identity theft

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A2795 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง160.65, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2271
2011-2012: A2072
2015-2016: A7122
2017-2018: A4853
2019-2020: A5590
2021-2022: A4275
2023-2024: A2948

2013-A2795 (ACTIVE) - Summary

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.

2013-A2795 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section  1.  The  criminal  procedure  law  is amended by adding a new
section 160.65 to read as follows:
S 160.65 EXPUNGEMENT OF FALSE IDENTITY INFORMATION FROM POLICE AND COURT
            RECORDS; IDENTITY THEFT PASSPORT.
  ANY PERSON WHOSE NAME OR OTHER IDENTIFICATION HAS  BEEN  USED  WITHOUT
HIS  OR  HER  CONSENT  OR  AUTHORIZATION  BY ANOTHER PERSON WHO HAS BEEN
CHARGED OR ARRESTED USING SUCH NAME OR IDENTIFICATION MAY FILE  A  PETI-
TION  WITH THE COURT FOR RELIEF PURSUANT TO SECTION 160.50 OF THIS ARTI-
CLE.  A PERSON WHO HAS PETITIONED THE COURT TO SEAL OR  DESTROY  RECORDS
PURSUANT  TO  SECTION  160.50 OF THIS ARTICLE AS A RESULT OF A VIOLATION
RELATING TO IDENTITY THEFT UNDER ARTICLE ONE HUNDRED NINETY OF THE PENAL
LAW AGAINST SUCH PERSON MAY SUBMIT TO THE ATTORNEY GENERAL  A  CERTIFIED
COPY  OF A COURT ORDER OBTAINED PURSUANT TO SECTION 160.50 OF THIS ARTI-
CLE.  THE ATTORNEY GENERAL, IN COOPERATION WITH THE  STATE  POLICE,  MAY
ISSUE  AN  "IDENTITY THEFT PASSPORT" STATING THAT SUCH AN ORDER HAS BEEN
SUBMITTED AND MAY INCLUDE THE  VICTIM'S  PHOTOGRAPH  AND  A  FINGERPRINT
RECORD.    THE  ATTORNEY  GENERAL  MAY  PROVIDE ACCESS TO IDENTITY THEFT
INFORMATION TO  CRIMINAL  JUSTICE  AGENCIES  AND  INDIVIDUALS  WHO  HAVE
SUBMITTED  A  COURT  ORDER  PURSUANT TO THIS SECTION.  WHEN THE ATTORNEY
GENERAL ISSUES AN IDENTITY THEFT PASSPORT, IT SHALL TRANSMIT A RECORD OF
THE ISSUANCE OF THE PASSPORT TO THE DEPARTMENT OF MOTOR VEHICLES.   SUCH
DEPARTMENT  SHALL  NOTE ON THE INDIVIDUAL'S DRIVER ABSTRACT THAT A COURT
ORDER WAS OBTAINED PURSUANT TO SECTION 160.50 OF THIS ARTICLE  AND  THAT
AN IDENTITY THEFT PASSPORT HAS BEEN ISSUED.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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