Bill
Bill > S2892
NJ S2892
NJ S2892Allows identity theft victims to petition for judicial determination of factual innocence.
summary
Introduced
03/04/2024
03/04/2024
In Committee
03/04/2024
03/04/2024
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill would establish a procedure whereby a victim of identity theft could obtain a factual determination of innocence. Under the provisions of the bill, a person who reasonably believes that he or she is a victim of identity theft, or the court on its motion or upon application by the prosecuting attorney, may move for an expedited judicial determination of the victim's factual innocence if a defendant has been arrested for, charged with or convicted of a crime under the victim's identity or where a criminal complaint has been filed against a defendant in the victim's name or if the victim's identity has been mistakenly associated with a record of criminal conviction. If the court determines that the petition or motion is meritorious and that the victim has not committed the offense, the court shall issue a judicial determination of factual innocence. After an order has been issued, the court may order that the name and personal identifying information of the victim contained in court records, files and indexes be deleted, sealed or labeled to show that the data is impersonated and does not reflect the defendant's identity. This bill would also require the Administrative Office of the Courts (AOC) to establish and maintain a database of persons who have been victims of identity theft and who have received determinations of factual innocence. Access to the database would be limited to criminal justice agencies, victims of identity theft, and any other persons and agencies authorized by the victims. The AOC would also be required to establish a toll free number to provide access to information to victims of identity theft.
AI Summary
This bill establishes a process for victims of identity theft to prove their innocence in court. If someone reasonably believes their identity has been stolen and used in a criminal case, they, or the court, can ask for a quick judicial determination of their factual innocence, especially if they were arrested, charged, or convicted of a crime under their stolen identity, or if their identity was mistakenly linked to a criminal record. If the court agrees the person is innocent and did not commit the offense, it will issue an order certifying this. Following this order, the court can then remove, seal, or label public records containing the victim's information to show it was impersonated. Additionally, the Administrative Office of the Courts (AOC) will create and manage a database of identity theft victims who have received these innocence determinations, with access restricted to criminal justice agencies, the victims themselves, and authorized individuals; the AOC will also set up a toll-free number for victims to get information.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 03/04/2024)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S2892 |
| BillText | https://pub.njleg.gov/Bills/2026/S3000/2892_I1.HTM |
| BillText | https://pub.njleg.gov/Bills/2024/S3000/2892_I1.HTM |
Loading...