Assembly Bill A2271

2009-2010 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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2009-A2271 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.65, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2072
2013-2014: A2795
2015-2016: A7122
2017-2018: A4853
2019-2020: A5590
2021-2022: A4275
2023-2024: A2948

2009-A2271 (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.

2009-A2271 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2271

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of A. REILICH, FINCH, DelMONTE, WEISENBERG -- Multi-
  Sponsored by -- M. of A.   BARCLAY, COLTON,  CROUCH,  ERRIGO,  GIGLIO,
  McDONOUGH,  OAKS,  TOWNSEND,  WALKER  -- 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.

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