Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Requires Attorney General to provide identity theft passport to certain victims of identity theft.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning identity theft and supplementing P.L.2005, c.226 (C.56:11-44 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Attorney General shall issue an identity theft passport to a person who meets all of the following criteria:
(1) Is a resident of this State;
(2) Has filed a police report stating that the person reasonably believes or reasonably suspects that he has been the victim of identity theft, as provided in section 3 of P.L.2005, c.226 (C.2C:21-17.6); and
(3) Has applied for an identity theft passport pursuant to subsection b. of this section.
b. A person who reasonably believes or reasonably suspects that he has been the victim of identity theft in violation of N.J.S.2C:21-1, section 1 of P.L.1983, c.565 (C.2C:21-2.1) or N.J.S.2C:21-17 may apply for an identity theft passport by sending a copy of the police report as specified in subsection a. of this section, an application for an identity theft passport, and any other supporting documentation requested by the Attorney General to the Office of the Attorney General.
c. The Attorney General shall create, by regulation:
(1) An application form to be used by victims of identity theft in applying for an identity theft passport; and
(2) A card or certificate to be used as the identity theft passport, which shall include the person’s photograph and name, and any other information the Attorney General determines to be relevant.
2. a. An identity theft passport issued by the Attorney General may be presented to any of the following:
(1) A law enforcement agency to assist the agency in its investigation into whether false charges were made against the victim for an offense committed by a person other than the victim who is using the victim's identity.
(2) Any creditor of the victim to aid in the creditor's investigation and establishment of whether fraudulent charges were made against accounts in the victim's name or whether accounts were opened using the victim's identity.
(3) Any other entity to aid in the entity's investigation of whether the victim's identity was obtained fraudulently or used without the victim's consent.
b. Acceptance of the identity theft verification passport by a law enforcement agency, creditor or other entity in accordance with this section is at the discretion of the law enforcement agency, creditor or entity. Surrounding circumstances and available information concerning the offense of identity theft against the victim may be considered in determining whether to accept the identity theft passport.
3. An application for an identity theft passport pursuant to this act and any supporting documentation are not a public record. However, the Attorney General may provide access to an application and supporting documentation to other criminal justice or law enforcement agencies in this State or another state.
4. This act shall take effect on the 60th day next following enactment.
STATEMENT
This bill requires the Attorney General to provide an identity theft passport to certain victims of identity theft.
Under the bill, a person who is a resident of this State and has filed a police report stating that the person reasonably believes or reasonably suspects that he has been the victim of identity theft, may be issued an identity theft passport by the Attorney General, upon application. A person may apply for an identity theft passport by sending a copy of the police report, an application for an identity theft passport, and any other supporting documentation requested by the Attorney General to the Office of the Attorney General.
The bill requires the Attorney General to create, by regulation, an application form to be used by victims of identity theft in applying for an identity theft passport, and a card or certificate to be used as the identity theft passport, which shall include the person’s photograph and name, and any other information the Attorney General determines to be relevant.
The bill provides that an identity theft passport issued by the Attorney General may be presented to any of the following:
(1) A law enforcement agency to assist the agency in its investigation into whether false charges were made against the victim for an offense committed by a person other than the victim who is using the victim's identity.
(2) Any creditor of the victim to aid in the creditor's investigation and establishment of whether fraudulent charges were made against accounts in the victim's name or whether accounts were opened using the victim's identity.
(3) Any other entity to aid in the entity's investigation of whether the victim's identity was obtained fraudulently or used without the victim's consent.
The bill provides that acceptance of the identity theft verification passport by a law enforcement agency, creditor or other entity is at the discretion of the law enforcement agency, creditor or entity. Surrounding circumstances and available information concerning the offense of identity theft against the victim may be considered in determining whether to accept the identity theft passport.
The bill stipulates that an application for an identity theft passport and any supporting documentation are not a public record, but the Attorney General may provide access to applications and supporting documentation to other criminal justice or law enforcement agencies in this State or another state.