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A04267 Summary:

BILL NOA04267
 
SAME ASNo Same As
 
SPONSORJensen
 
COSPNSRMaher
 
MLTSPNSR
 
Add §160.65, CP L
 
Provides certain relief for persons who are victims of identity theft; provides for destruction or sealing of certain police and court records and for issuance of an identity theft passport.
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A04267 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4267
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2025
                                       ___________
 
        Introduced by M. of A. JENSEN -- 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:
 
     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 160.65 to read as follows:
     3  § 160.65 Expungement of false identity information from police and court
     4              records; identity theft passport.
     5    Any person whose name or other identification has  been  used  without
     6  their consent or authorization by another person who has been charged or
     7  arrested  using such name or identification may file a petition with the
     8  court for relief pursuant to section 160.50 of this article.   A  person
     9  who  has  petitioned  the  court  to seal or destroy records pursuant to
    10  section 160.50 of this article as a result of a  violation  relating  to
    11  identity theft under article one hundred ninety of the penal law against
    12  such  person  may  submit  to the attorney general a certified copy of a
    13  court order obtained pursuant to section 160.50 of this  article.    The
    14  attorney  general,  in  cooperation  with the state police, may issue an
    15  "identity theft passport" stating that such an order has been  submitted
    16  and  may  include the victim's photograph and a fingerprint record.  The
    17  attorney general may provide access to  identity  theft  information  to
    18  criminal  justice  agencies  and  individuals who have submitted a court
    19  order pursuant to this section.   When the attorney  general  issues  an
    20  identity  theft  passport, it shall transmit a record of the issuance of
    21  the passport to the department of motor vehicles.  Such department shall
    22  note on the individual's driver abstract that a court order was obtained
    23  pursuant to section 160.50 of this article and that  an  identity  theft
    24  passport has been issued.
    25    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05608-01-5
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