PRIOR PRINTER'S NO. 800 PRINTER'S NO. 1660
No. 702 Session of 2003
INTRODUCED BY CORMAN, WONDERLING, C. WILLIAMS, BRIGHTBILL, WOZNIAK, TOMLINSON, RHOADES, MUSTO, KITCHEN, HELFRICK, FERLO, DENT, BOSCOLA, STACK AND PIPPY, MAY 2, 2003
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JUNE 8, 2004
AN ACT 1 Providing for the Office of Identity Theft Victim Support in the <-- 2 Pennsylvania Commission on Crime and Delinquency; 3 establishing an Identity Theft Advisory Board; and making an 4 appropriation. 5 AMENDING THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), <-- 6 ENTITLED "AN ACT PROVIDING FOR VICTIMS' RIGHTS; IMPOSING 7 PENALTIES; ESTABLISHING REMEDIES; ESTABLISHING THE OFFICE OF 8 VICTIM ADVOCATE, THE BUREAU OF VICTIMS' SERVICES, THE 9 VICTIMS' SERVICES ADVISORY COMMITTEE, THE STATE OFFENDER 10 SUPERVISION FUND AND OTHER FUNDS; AND MAKING REPEALS," 11 FURTHER DEFINING "PERSONAL INJURY CRIME"; FURTHER PROVIDING 12 FOR VICTIMS' SERVICES ADVISORY COMMITTEE MEMBERSHIP AND FOR 13 POWERS AND DUTIES OF COMMITTEE; AND MAKING AN APPROPRIATION. 14 THE GENERAL ASSEMBLY FINDS AND DECLARES THAT: 15 (1) IDENTITY THEFT IS A PARTICULARLY LUCRATIVE TYPE OF 16 CRIME AND IS THE FASTEST GROWING WHITE COLLAR CRIME IN THIS 17 COUNTRY. 18 (2) IDENTITY THEFT SEVERELY IMPACTS THE LIVES OF ITS 19 VICTIMS, ESPECIALLY IN TERMS OF THEIR PRIVACY AND FINANCIAL 20 SECURITY. 21 (3) IDENTITY THEFT IS INCREASING THROUGHOUT THE UNITED 22 STATES AND IN THIS COMMONWEALTH. 23 (4) THE VICTIMS OF IDENTITY THEFT NEED ASSISTANCE IN
1 RECOVERING FROM THE CRIME. 2 (5) THE CITIZENS OF THIS COMMONWEALTH SHOULD BE INFORMED 3 ABOUT PREVENTION OF IDENTITY THEFT. 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 Identity 8 Theft Victim Support Act. 9 Section 2. Declaration of policy. 10 The General Assembly finds and declares as follows: 11 (1) Identity theft is a particularly lucrative type of 12 crime and is the fastest growing white collar crime in this 13 country. 14 (2) Identity theft severely impacts the lives of its 15 victims, especially in terms of their privacy and financial 16 security. 17 (3) Identity theft is increasing throughout the United 18 States and in this Commonwealth. 19 (4) The victims of identity theft need assistance in 20 recovering from the crime. 21 (5) The citizens of this Commonwealth should be informed 22 about prevention of identity theft. 23 Section 3. Definitions. 24 The following words and phrases when used in this act shall 25 have the meanings given to them in this section unless the 26 context clearly indicates otherwise: 27 "Board." The Identity Theft Advisory Board established in 28 section 5. 29 "Commission." The Pennsylvania Commission on Crime and 30 Delinquency. 20030S0702B1660 - 2 -
1 "Identity theft." A person commits the offense of identify 2 theft of another person if he possesses or uses personal 3 information of another person without the consent of that other 4 person to further any unlawful purpose. 5 "Office." The Office of Identity Theft Victim Support 6 established in section 4. 7 "Personal information." Any public personal information or 8 private personal information. 9 "Private personal information." Includes all information not 10 encompassed by public personal information. 11 "Public personal information." Includes a person's name, 12 sex, address and listed telephone number. 13 Section 4. Office. 14 (a) Establishment.-- 15 (1) The Office of Identity Theft Victim Support is 16 established within the commission. 17 (2) The office shall be headed by an executive director 18 appointed by the commission. 19 (3) The executive director may hire staff for the office 20 as necessary to carry out the office's powers and duties. 21 (b) Functions of office.--The office shall support victims 22 of identity theft by: 23 (1) Assisting victims in reestablishing their financial 24 and other commercial records. 25 (2) Assisting victims in reclaiming their identities. 26 (3) Directing victims to appropriate law enforcement 27 agencies. 28 (4) Assisting victims in rectifying erroneous judicial 29 records that result from the victim's identity theft. 30 Section 5. Board. 20030S0702B1660 - 3 -
1 (a) Establishment.-- 2 (1) The Identity Theft Advisory Board is established as 3 a board within the Office of Identity Theft Victim Support. 4 (2) The board members shall be appointed by the 5 executive director of the office and shall include, but not 6 be limited to, the following: 7 (i) The executive director of the Office of Identity 8 Theft Victim Support, ex officio. 9 (ii) A representative of the Office of Attorney 10 General. 11 (iii) A representative of the Federal Bureau of 12 Investigation. 13 (iv) A representative of an office of the district 14 attorney. 15 (v) A representative of the Pennsylvania State 16 Police. 17 (vi) A representative of a local police agency. 18 (vii) A representative of victims of identity theft. 19 (viii) A postal service inspector. 20 (ix) Any person not above specified whom the 21 executive director may wish to appoint. 22 (3) The executive director of the Office of Identity 23 Theft Victim Support shall serve as chairperson of the board. 24 (b) Duties.--The board shall assist the office in carrying 25 out its functions. The board shall: 26 (1) Compile statistics on identity theft in this 27 Commonwealth. Statistics shall be arranged in terms of number 28 and types of cases. 29 (2) Advise Federal, State and local law enforcement 30 officers on investigation and prosecution of identity theft. 20030S0702B1660 - 4 -
1 (3) Assist victims of identity theft as to corrective 2 and remedial measures to be taken. 3 (4) Inform the public on prevention and detection of 4 identity theft. 5 (5) Take such other appropriate action deemed necessary 6 to assist the office and the executive director. 7 Section 6. Appropriation. 8 The sum of $500,000, or as much thereof as may be necessary, 9 is hereby appropriated to the Pennsylvania Commission on Crime 10 and Delinquency for the fiscal year July 1, 2003, to June 30, 11 2004, to carry out the provisions of this act. 12 Section 7. Effective date. 13 This act shall take effect in 60 days. 14 SECTION 1. THE DEFINITION OF "PERSONAL INJURY CRIME" IN <-- 15 SECTION 103 OF THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), 16 KNOWN AS THE CRIME VICTIMS ACT, AMENDED JUNE 28, 2002 (P.L.496, 17 NO.85), IS AMENDED TO READ: 18 SECTION 103. DEFINITIONS. 19 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 20 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 21 CONTEXT CLEARLY INDICATES OTHERWISE: 22 * * * 23 "PERSONAL INJURY CRIME." AN ACT, ATTEMPT OR THREAT TO COMMIT 24 AN ACT WHICH WOULD CONSTITUTE A MISDEMEANOR OR FELONY UNDER THE 25 FOLLOWING: 26 18 PA.C.S. CH. 25 (RELATING TO CRIMINAL HOMICIDE). 27 18 PA.C.S. CH. 27 (RELATING TO ASSAULT). 28 18 PA.C.S. CH. 29 (RELATING TO KIDNAPPING). 29 18 PA.C.S. CH. 31 (RELATING TO SEXUAL OFFENSES). 30 18 PA.C.S. § 3301 (RELATING TO ARSON AND RELATED 20030S0702B1660 - 5 -
1 OFFENSES). 2 18 PA.C.S. CH. 37 (RELATING TO ROBBERY). 3 18 PA.C.S. § 4120 (RELATING TO IDENTITY THEFT). 4 18 PA.C.S. CH. 49 SUBCH. B (RELATING TO VICTIM AND 5 WITNESS INTIMIDATION). 6 30 PA.C.S. § 5502.1 (RELATING TO HOMICIDE BY WATERCRAFT 7 WHILE OPERATING UNDER INFLUENCE). 8 75 PA.C.S. § 3731 (RELATING TO DRIVING UNDER INFLUENCE OF 9 ALCOHOL OR CONTROLLED SUBSTANCE) IN CASES INVOLVING BODILY 10 INJURY. 11 75 PA.C.S. § 3732 (RELATING TO HOMICIDE BY VEHICLE). 12 75 PA.C.S. § 3735 (RELATING TO HOMICIDE BY VEHICLE WHILE 13 DRIVING UNDER INFLUENCE). 14 75 PA.C.S. § 3735.1 (RELATING TO AGGRAVATED ASSAULT BY 15 VEHICLE WHILE DRIVING UNDER THE INFLUENCE). 16 75 PA.C.S. § 3742 (RELATING TO ACCIDENTS INVOLVING DEATH 17 OR PERSONAL INJURY). 18 THE TERM INCLUDES VIOLATIONS OF ANY PROTECTIVE ORDER ISSUED AS A 19 RESULT OF AN ACT RELATED TO DOMESTIC VIOLENCE. 20 * * * 21 SECTION 2. SECTION 321(B) OF THE ACT, AMENDED OCTOBER 30, 22 2000 (P.L.641, NO.86), IS AMENDED TO READ: 23 SECTION 321. COMMITTEE. 24 * * * 25 (B) MEMBERSHIP.--THE COMMITTEE SHALL CONSIST OF [15] 17 26 MEMBERS: 27 (1) THE SECRETARY OF AGING OR A DESIGNEE. 28 (2) THE SECRETARY OF CORRECTIONS OR A DESIGNEE. 29 (3) THE SECRETARY OF PUBLIC WELFARE OR A DESIGNEE. 30 (4) THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE. 20030S0702B1660 - 6 -
1 (5) THE VICTIM ADVOCATE. 2 (6) A DISTRICT ATTORNEY APPOINTED BY THE GOVERNOR. 3 (7) [NINE] ELEVEN INDIVIDUALS APPOINTED BY THE GOVERNOR. 4 MEMBERS UNDER THIS PARAGRAPH MUST REPRESENT DIRECT VICTIMS, 5 STATEWIDE VICTIMS' COALITIONS, PROSECUTION-BASED 6 VICTIM/WITNESS PROGRAMS AND OTHER VICTIM SERVICE OR VICTIM 7 ADVOCACY ORGANIZATIONS, THE COURTS, MEMBERS OF LOCAL 8 GOVERNMENT AND OTHER VICTIMS' ORGANIZATIONS OR ORGANIZATIONS 9 INVOLVED IN THE COORDINATION OR DELIVERY OF SERVICES TO 10 DIRECT VICTIMS. AT LEAST ONE OF THE GOVERNOR'S APPOINTEES 11 MUST BE A REPRESENTATIVE OF A VICTIMS' SERVICES AGENCY 12 WORKING DIRECTLY WITH CHILDREN AND AT LEAST TWO OF THE 13 GOVERNOR'S APPOINTEES MUST REPRESENT THE INTEREST OF VICTIMS 14 OF IDENTIFY THEFT. 15 * * * 16 SECTION 3. SECTION 322 OF THE ACT, AMENDED OCTOBER 30, 2000 17 (P.L.641, NO.86) AND JUNE 28, 2002 (P.L.496, NO.85), IS AMENDED 18 TO READ: 19 SECTION 322. POWERS AND DUTIES OF COMMITTEE. 20 THE COMMITTEE HAS THE FOLLOWING POWERS AND DUTIES: 21 (1) TO SERVE IN AN ADVISORY CAPACITY TO THE COMMISSION, 22 INCLUDING THE OFFICE OF VICTIMS' SERVICES, THROUGH THE 23 COMMITTEE'S PARTICIPATION IN THE DEVELOPMENT OF THAT PART OF 24 THE COMMISSION'S PLAN RELATING TO DIRECT VICTIMS' SERVICES 25 AND COMPENSATION. 26 (2) TO ADVISE THE COMMISSION ON THE DEVELOPMENT OF 27 DIRECT SERVICES FOR MINOR CHILDREN WHO ARE MATERIAL WITNESSES 28 TO ANY OF THE FOLLOWING CRIMES AND OFFENSES UNDER 18 PA.C.S. 29 (RELATING TO CRIMES AND OFFENSES) COMMITTED OR ATTEMPTED 30 AGAINST A MEMBER OF THE CHILD'S FAMILY: 20030S0702B1660 - 7 -
1 CHAPTER 25 (RELATING TO CRIMINAL HOMICIDE). 2 SECTION 2702 (RELATING TO AGGRAVATED ASSAULT). 3 SECTION 3121 (RELATING TO RAPE). 4 (3) TO PERFORM THOSE FUNCTIONS RELATED TO THE DIRECT 5 APPROVAL AND DISBURSEMENT OF FINANCIAL ASSISTANCE IN AN 6 ADVISORY CAPACITY ONLY. THE COMMITTEE SHALL HAVE THE 7 OPPORTUNITY TO REVIEW AND COMMENT ON APPLICATIONS OTHER THAN 8 APPLICATIONS FOR CLAIMS FOR COMPENSATION PURSUANT TO SECTIONS 9 702 AND 706 WITHIN 30 DAYS AFTER RECEIPT OF THE APPLICATION 10 FROM THE COMMISSION. 11 (4) TO ADVISE THE COMMISSION ON THE DEFINITION, 12 DEVELOPMENT AND CORRELATION OF PROGRAMS AND PROJECTS AND THE 13 ESTABLISHMENT OF PRIORITIES FOR DIRECT VICTIMS' SERVICES AND 14 COMPENSATION. 15 (5) TO DEVELOP STANDARDS, METHODS AND PROCEDURES FOR 16 EVALUATING AND MONITORING DIRECT VICTIMS' SERVICES. 17 (6) UPON REQUEST, TO PROVIDE ASSISTANCE AND ADVICE TO 18 THE COMMISSION ON ANY OTHER MATTERS RELATING TO DIRECT 19 VICTIMS' SERVICES AND COMPENSATION. 20 (7) TO RECEIVE STAFF SUPPORT FROM THE COMMISSION AND THE 21 OFFICE OF VICTIMS' SERVICES IN ORDER TO ADEQUATELY PERFORM 22 THE DUTIES PROVIDED FOR IN THIS SECTION. 23 (8) TO SUPPORT VICTIMS OF IDENTITY THEFT BY ASSISTING 24 THEM TO REESTABLISH THEIR FINANCIAL AND OTHER COMMERCIAL 25 RECORDS, RECLAIM THEIR IDENTITIES AND RECTIFY ERRONEOUS 26 JUDICIAL RECORDS THAT RESULT FROM THE UNLAWFUL THEFT OF THEIR 27 IDENTITIES. 28 (9) TO COMPILE STATISTICS ON IDENTITY THEFT IN THIS 29 COMMONWEALTH, ADVISE FEDERAL, STATE AND LOCAL LAW ENFORCEMENT 30 OFFICERS ON INVESTIGATION AND PROSECUTION OF IDENTITY THEFT, 20030S0702B1660 - 8 -
1 ASSIST VICTIMS OF IDENTITY THEFT AS TO CORRECTIVE AND 2 REMEDIAL MEASURES TO BE TAKEN, INFORM THE PUBLIC ON 3 PREVENTION AND DETECTION OF IDENTITY THEFT AND TAKE SUCH 4 OTHER APPROPRIATE ACTION DEEMED NECESSARY TO ASSIST THE 5 COMMISSION ON IDENTITY THEFT. 6 SECTION 4. THE SUM OF $500,000, OR AS MUCH THEREOF AS MAY BE 7 NECESSARY, IS HEREBY APPROPRIATED TO THE PENNSYLVANIA COMMISSION 8 ON CRIME AND DELINQUENCY FOR THE FISCAL YEAR JULY 1, 2004, TO 9 JUNE 30, 2005, TO CARRY OUT THE PROVISIONS OF THIS ACT. 10 SECTION 5. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. A3L44RLE/20030S0702B1660 - 9 -