Bill Text: NY S00042 | 2017-2018 | 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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-13 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00042 Detail]
Download: New_York-2017-S00042-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 42 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee 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. LBD05735-01-7
