Bill > S435

Introduced Session

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, if a person reasonably believes that he is a victim of identity theft that person, or the court on its motion or upon application by the prosecuting attorney, may move for an expedited judicial determination of his factual innocence if a defendant has been arrested for, charged with or convicted of a crime under the victims 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 information to victims of identity theft.

AI Summary

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Diane Allen (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/12/2016)