§ 5-37-228 — Identity theft passport

(a) The Attorney General in cooperation with any law enforcement agency may issue an identity theft passport to a person who: (1) Is a resident of this state; (2) Learns or reasonably suspects that he or she is a victim of financial identity fraud; and (3) Has filed a police report citing that he or she is a victim of financial identity fraud as prohibited by § 5-37-227 . (b) (1) A person who learns or reasonably suspects that he or she is the victim of financial identity fraud may contact the local law enforcement agency that has jurisdiction over the city or county where the person resides. (2) The local law enforcement agency: (A) Shall make a police report of the matter whether or not the local law enforcement agency has jurisdiction to investigate and prosecute a crime of financial identity fraud against the victim; (B) Shall provide the victim with a copy of the police report; and (C) May refer the police report to a law enforcement agency with jurisdiction to investigate and prosecute a crime of financial identity fraud. (3) Nothing in this section interferes with the discretion of a local law enforcement agency to allocate resources for an investigation of a crime. (4) A police report filed by a victim of financial identity fraud under this section is not required to be counted as an open case for purposes such as compiling open case statistics. (c) (1) After the victim has filed a police report with any local law enforcement agency, the victim may apply for an identity theft passport by sending to the office of the Attorney General: (A) A copy of the police report; (B) An application for an identity theft passport; and (C) Any other supporting documentation requested by the Attorney General. (2) The Attorney General shall process the application and supporting police report and may issue the victim of financial identity fraud an identity theft passport in the form of a card or certificate. (d) (1) A victim of financial identity fraud may present the victim's identity theft passport issued under this section to: (A) A law enforcement agency to help prevent the victim's arrest or detention for an offense committed by a person other than the victim, who is using the victim's identity; (B) Any creditor of the victim to aid in the creditor's investigation and establishment of whether a fraudulent charge was made against an account in the victim's name or whether an account was opened using the victim's identity; or (C) Any other entity to aid in the entity's investigation of whether the victim's identity was fraudulently obtained or used without the victim's consent. (2) (A) Acceptance of the identity theft passport presented by the victim to a law enforcement agency, creditor, or other entity under subdivision (d)(1) of this section is at the discretion of the law enforcement agency, creditor, or other entity. (B) A law enforcement agency, creditor, or other entity may consider the identity theft passport as well as surrounding circumstances and available information concerning the offense of financial identity fraud against the victim in determining whether to accept the identity theft passport. (e) (1) An application for an identity theft passport under subsection (c) of this section and any supporting documentation are not public records. (2) The Attorney General may provide access to an application under subsection (a) of this section and supporting documentation to another criminal justice or law enforcement agency in this state or another state.

Legislative History

Acts 2005, No. 744, § 1.