SB0141 95TH GENERAL ASSEMBLY

LRB095 07903 RLC 28065 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0141

Introduced 1/31/2007, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

720 ILCS 5/16G-45 new

Amends the Criminal Code of 1961. Provides that the Attorney General, in cooperation with any law enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this State and who has filed a police report citing that the person is a victim of identity theft. Provides that a victim who has filed a report of identity theft with a law enforcement agency may apply for an identity theft passport through any law enforcement agency. Provides that the agency shall send a copy of the police report and the application to the Attorney General. Provides that the Attorney General shall process the application and supporting report and may issue the victim an identity theft passport in the form of a card or certificate. Provides that a person who is issued an identity theft passport may present the identity theft passport to: (1) a law enforcement agency to help prevent the victim's arrest or detention for an offense committed by someone other than the victim who is using the victim's identity; (2) any of the victim's creditors to aid in the creditors' investigation and establishment of whether fraudulent charges were made against the victim's accounts or whether accounts were opened in the victim's name; and (3) a consumer reporting agency, which shall accept the passport as direct conveyance of a dispute and shall include the notice of dispute in all future reports that contain disputed information caused by identity theft. Provides that the Attorney General shall adopt rules to implement these provisions, which must include a procedure by which the Attorney General is assured that an identity theft passport applicant has an identity theft claim that is legitimate and adequately substantiated.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 16G-45 as follows:

(720 ILCS 5/16G-45 new)

Sec. 16G-45. Identity theft passport.

(a) The Attorney General, in cooperation with any law enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this State and who has filed a police report citing that the person is a victim of identity theft. A victim who has filed a report of identity theft with a law enforcement agency may apply for an identity theft passport through any law enforcement agency. The agency shall send a copy of the police report and the application to the Attorney General. The Attorney General shall process the application and supporting report and may issue the victim an identity theft passport in the form of a card or certificate.

(b) A person who is issued an identity theft passport may present the identity theft passport to:

(1) a law enforcement agency to help prevent the victim's arrest or detention for an offense committed by someone other than the victim who is using the victim's identity;

(2) any of the victim's creditors to aid in the creditors' investigation and establishment of whether fraudulent charges were made against the victim's accounts or whether accounts were opened in the victim's name;

(3) a consumer reporting agency, which shall accept the passport as direct conveyance of a dispute and shall include the notice of dispute in all future reports that contain disputed information caused by identity theft.

(c) The Attorney General shall adopt rules to implement this Section. The rules must include a procedure by which the Attorney General is assured that an identity theft passport applicant has an identity theft claim that is legitimate and adequately substantiated.