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                                                       PRINTER'S NO. 690

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.
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     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
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     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.

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