Bill Text: NY A05590 | 2019-2020 | General Assembly | Introduced

Bill Title: 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.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced) 2019-02-13 - referred to codes [A05590 Detail]

Download: New_York-2019-A05590-Introduced.html

                STATE OF NEW YORK
                               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.