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.
STATE OF NEW YORK
________________________________________________________________________
5590
2019-2020 Regular Sessions
IN ASSEMBLY
February 13, 2019
___________
Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
tee 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 his or her consent or authorization by another person who has been
7 charged or arrested using such name or identification may file a peti-
8 tion with the court for relief pursuant to section 160.50 of this arti-
9 cle. A person who has petitioned the court to seal or destroy records
10 pursuant to section 160.50 of this article as a result of a violation
11 relating to identity theft under article one hundred ninety of the penal
12 law against such person may submit to the attorney general a certified
13 copy of a court order obtained pursuant to section 160.50 of this arti-
14 cle. The attorney general, in cooperation with the state police, may
15 issue an "identity theft passport" stating that such an order has been
16 submitted and may include the victim's photograph and a fingerprint
17 record. The attorney general may provide access to identity theft
18 information to criminal justice agencies and individuals who have
19 submitted a court order pursuant to this section. When the attorney
20 general issues an identity theft passport, it shall transmit a record of
21 the issuance of the passport to the department of motor vehicles. Such
22 department shall note on the individual's driver abstract that a court
23 order was obtained pursuant to section 160.50 of this article and that
24 an identity theft 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.
LBD09625-01-9
