What's happening
This bill allows victims of identity theft to have false records expunged and obtain an official identity theft passport for verification.
Why it matters
Provides a formal process for identity theft victims to clear their names. By allowing individuals whose identities were misused in criminal proceedings to petition the court, this bill enables them to have false arrest or charge records expunged, removing unjust associations from police and court databases.
Creates an official “identity theft passport” for victims. This passport, issued by the Attorney General and State Police, serves as an authoritative document (including a photo and fingerprint) that victims can present to prove their status, helping them avoid repeated questioning, wrongful arrests, or other consequences of identity confusion.
Enhances communication between agencies to protect victims. The bill mandates that issuance of an identity theft passport is reported to the Department of Motor Vehicles, which must annotate the individual’s driver abstract, ensuring law enforcement and other officials are aware that the person has been officially cleared as a victim of identity theft.
Reduces the ongoing burden and stigma for identity theft victims. By expunging records and providing a recognized verification tool, the bill aims to help victims reclaim their reputations, access opportunities, and reduce the risk of further harm resulting from the misuse of their identities.
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Who cares
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Help Identity Theft Victims
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History
- Referred to codes
- Held for consideration in codes
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Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4853
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. LAWRENCE -- 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 Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 160.65 to read as follows: § 160.65 Expungement of false identity information from police and court
records; identity theft passport.
Any person whose name or other identification has been used without his or her consent or authorization by another person who has been charged or arrested using such name or identification may file a petition with the court for relief pursuant to section 160.50 of this article. A person who has petitioned the court to seal or destroy records pursuant to section 160.50 of this article as a result of a violation relating to identity theft under article one hundred ninety of the penal law against such person may submit to the attorney general a certified copy of a court order obtained pursuant to section 160.50 of this article. The attorney general, in cooperation with the state police, may issue an "identity theft passport" stating that such an order has been submitted and may include the victim's photograph and a fingerprint record. The attorney general may provide access to identity theft information to criminal justice agencies and individuals who have submitted a court order pursuant to this section. When the attorney general issues an identity theft passport, it shall transmit a record of the issuance of the passport to the department of motor vehicles. Such department shall note on the individual's driver abstract that a court order was obtained pursuant to section 160.50 of this article and that an identity theft passport has been issued.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05735-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.