PRINTER'S NO. 690
No. 588 Session of 2003
INTRODUCED BY McGEEHAN, CORRIGAN, COY, CURRY, DeLUCA, FICHTER, FREEMAN, HARHAI, KOTIK, LAUGHLIN, LEDERER, LEVDANSKY, MANDERINO, MANN, MARKOSEK, MELIO, O'BRIEN, PISTELLA, ROONEY, STABACK, R. STEVENSON, E. Z. TAYLOR, YUDICHAK AND JOSEPHS, MARCH 3, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2003
AN ACT 1 Requiring the Office of Attorney General to establish a regional 2 identity theft unit pilot project and an identity theft 3 victim database; and making an appropriation. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Regional 8 Identity Theft Unit Pilot Project Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Unit." A regional identity theft unit. 14 Section 3. Establishment of regional identity theft unit pilot 15 project. 16 (a) Office of Attorney General to establish pilot project.-- 17 The Office of Attorney General shall establish a three-year
1 regional identity theft unit pilot project in either one or two 2 regions of this Commonwealth. The Office of Attorney General 3 shall define the boundaries of the designated region or regions. 4 (b) Distribution of funds.--Funds appropriated under this 5 act shall be distributed by the Office of Attorney General to 6 lead agencies as grants for the creation and operation of a 7 regional identity theft unit. The Office of Attorney General 8 shall provide technical assistance as needed in establishing a 9 unit. Grants for the creation and operation of a unit shall be 10 awarded on the basis of the following requirements: 11 (1) The lead agency is a Statewide or countywide law 12 enforcement agency. 13 (2) Each unit is composed of, but not limited to, 14 investigators and support staff from a police department or 15 sheriff's department, a probation officer, a deputy district 16 or city attorney, a Department of Transportation 17 investigator, a representative of the Office of Attorney 18 General and a State parole officer. 19 (3) Each unit operates as a regional multijurisdictional 20 agency. 21 (4) Each unit is equipped to and capable of serving the 22 entire region in which it is located. 23 Section 4. Regional identify theft unit functions. 24 Each unit receiving funds under this act shall be designed 25 and operated to accomplish the following: 26 (1) Create a public awareness campaign of what identity 27 theft is, ways to avoid becoming a victim and what to do once 28 a person discovers the person is a victim. 29 (2) Act as a regional clearinghouse for law enforcement, 30 the private sector and victims. 20030H0588B0690 - 2 -
1 (3) Provide information to victims, law enforcement and 2 the media. 3 (4) Investigate and prosecute identity theft suspects 4 and act as a liaison with other Federal, State and local 5 agencies. 6 Section 5. Evaluation. 7 The Office of Attorney General shall evaluate the 8 effectiveness of the regional identity theft unit pilot project 9 in meeting the goals listed under section 4. The evaluation 10 shall, among other considerations, address all of the following 11 questions: 12 (1) Whether the pilot project has reduced identity 13 theft. 14 (2) Whether the pilot project has increased the numbers 15 and successful outcomes of identity theft prosecutions. 16 (3) Whether the pilot project should be funded on an 17 annual basis. 18 (4) The expected costs to establish regional identity 19 theft units on a Statewide basis. 20 The Office of Attorney General shall submit its findings and 21 recommendations to the General Assembly before November 30, 22 2006. 23 Section 6. Identity theft victim database. 24 (a) Office of Attorney General to establish and maintain 25 database.--The Office of Attorney General shall establish and 26 maintain a database of individuals who have been victims of 27 identity theft. Victims may, at their option, be fingerprinted 28 and have their fingerprints entered into the database. The 29 Office of Attorney General shall provide a victim of identity 30 theft or the victim's authorized representative access to the 20030H0588B0690 - 3 -
1 database in order to establish that the individual has been a 2 victim of identity theft. Access to the database shall be 3 limited to criminal justice agencies, victims of identity theft 4 and individuals and agencies authorized by the victims. 5 (b) Inclusion in database.--In order for a victim of 6 identity theft to be included in the database established under 7 subsection (a), the victim shall submit to the Office of 8 Attorney General a court order obtained pursuant to any 9 provision of law and any other information prescribed by the 10 Office of Attorney General. 11 (c) Verification of victim's identity.--Upon receiving 12 information under subsection (b), the Office of Attorney General 13 shall verify the identity of the victim through a driver's 14 license or other identification record maintained by the 15 Department of Transportation. 16 (d) Toll-free telephone number.--The office of Attorney 17 General shall establish and maintain a toll-free telephone 18 number to provide access to information under subsection (a). 19 Section 7. Administration. 20 Up to 15% of the amount appropriated under section 8 may be 21 retained by the Office of Attorney General for administering the 22 provisions of this act. 23 Section 8. Appropriation. 24 The sum of $6,000,000 is hereby appropriated to the Office of 25 Attorney General for the fiscal year July 1, 2003, to June 30, 26 2004, for purposes of this act. This appropriation shall be a 27 continuing appropriation and shall lapse on June 30, 2006. 28 Section 9. Effective date. 29 This act shall take effect in 60 days. B7L71BIL/20030H0588B0690 - 4 -