By: Giddings H.B. No. 1032
A BILL TO BE ENTITLED
relating to the prosecution of the offense of fraudulent use or
possession of identifying information and to assistance to victims
of that offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.037, Code of Criminal Procedure, is
amended by adding Subsection (p) to read as follows:
(p)(1) The court shall order a defendant convicted of an
offense under Section 32.51, Penal Code, to make restitution to the
victim of the offense in an amount equal to the sum of the victim's
lost income and any expenses, including attorney's fees, incurred
by the victim to correct inaccuracies in the victim's credit
history or credit report as a result of the offense.
(2) The court shall, after considering the financial
circumstances of the defendant, specify in a restitution order
issued under Subsection (a) the manner in which the defendant must
make the restitution.
SECTION 2. Article 56.01(3), Code of Criminal Procedure, is
amended to read as follows:
(3) Except as provided by Article 56.15(a), "victim"
"Victim"] means a person who is the victim of sexual assault,
kidnapping, or aggravated robbery or who has suffered bodily injury
or death as a result of the criminal conduct of another.
SECTION 3. Subchapter A, Chapter 56, Code of Criminal
Procedure, is amended by adding Article 56.15 to read as follows:
Art. 56.15. ASSISTANCE TO VICTIMS OF IDENTITY THEFT. (a)
In this article, "victim" means a person who is the victim of an
offense under Section 32.51, Penal Code.
(b) The attorney general shall establish a program that
assists the victim of an offense under Section 32.51, Penal Code,
(1) obtaining information necessary to correct
inaccuracies or errors in the victim's credit history or credit
report as a result of the offense; and
(2) notifying law enforcement agencies that:
(A) the victim has been granted or is entitled to
an expunction under Article 55.01(d); and
(B) records of the agency that contain
information concerning the victim may be incorrect as a result of
the offense committed against the victim.
(c) In establishing the program under this article, the
attorney general shall consult with the Department of Public Safety
to coordinate the program with the issuance of an identity theft
passport under Section 411.0421, Government Code.
SECTION 4. The heading to Section 411.0421, Government
Code, is amended to read as follows:
Sec. 411.0421. INFORMATION REGARDING FRAUDULENT USE OF
IDENTIFICATION; ISSUANCE OF IDENTITY THEFT PASSPORT.
SECTION 5. Section 411.0421(c), Government Code, is amended
to read as follows:
(c) On receipt of a declaration under this section, the
(1) create a record of the individual's identity,
including a record of the individual's unique password, in the
criminal history record information maintained by the department
under Subchapter F and [ . The department shall] ensure that this
record, including the unique password, is available online to any
entity authorized to receive information from the department under
Subchapter F; and
(2) issue to the individual an identity theft passport
(A) states that a declaration has been filed
under this section; and
(B) serves as notice to other persons or agencies
that the individual's identity has been used by another person to
frustrate proper law enforcement without the individual's consent.
SECTION 6. Section 32.51, Penal Code, is amended by
amending Subsections (b) and (d) and adding Subsection (f) to read
(b) A person commits an offense if the person, with the
intent to harm or defraud another, obtains, possesses, transfers,
or uses identifying information of:
(1) a deceased person, without legal authorization; or
(2) another person without the other person's consent
[ and with intent to harm or defraud another].
(d) It is an exception to the application of this section
that the actor obtained, possessed, transferred, or used
identifying information of another person for the sole purpose of
misrepresenting the actor's age [ If a court orders a defendant
convicted of an offense under this section to make restitution to
the victim of the offense, the court may order the defendant to
reimburse the victim for lost income or other expenses, other than
attorney's fees, incurred as a result of the offense].
(f) A court convicting a defendant of an offense under this
section may enter any order necessary to correct a public record
that contains false information resulting from the defendant's
commission of the offense.
SECTION 7. The changes in law made by Article 42.037, Code of
Criminal Procedure, and Section 32.51, Penal Code, as amended by
this Act, apply only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is covered by the law in effect at the
time the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense was committed before that date.
SECTION 8. The Department of Public Safety shall begin
issuing identity theft passports under Section 411.0421,
Government Code, as amended by this Act, as soon as is practicable
after the effective date of this Act, not later than January 1,
SECTION 9. The attorney general shall establish the program
required by Article 56.15, Code of Criminal Procedure, as added by
this Act, as soon as is practicable after the effective date of this
Act, not later than September 1, 2006.
SECTION 10. This Act takes effect September 1, 2005.