5449-S.E AMH CAIR OSBO 4

ESSB 5449 - H AMD WITHDRAWN 4/11/01

By Representative Cairnes

     Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 43.43 RCW to read as follows:

     The identity theft bureau is created in the Washington state patrol,  to consist of law enforcement officers and representatives of county prosecuting attorneys experienced in the investigation, apprehension, and prosecution of identity theft offenders under chapter 9.35 RCW.  The bureau shall coordinate and assist efforts of law enforcement agencies and prosecuting attorneys in investigating, apprehending, and prosecuting offenders under chapter 9.35 RCW.

NEW SECTION. Sec. 2.  A new section is added to chapter 9.35 RCW to read as follows:

     ASSISTANCE TO IDENTITY THEFT VICTIMS. (1)General authority Washington law enforcement agencies, as defined under RCW 10.93.020(1), shall coordinate with financial institutions, credit reporting agencies, debt collection agencies and other pertinent business entities for the purpose of  assisting crime victims in the correction of financial records containing erroneous information stemming from identity theft crimes arising  under chapter 9.35 RCW.

     (2) In a proceeding under RCW 9.35.020 in which a person=s means of identification or financial information was used without that person=s authorization, and when there has been a conviction, the sentencing court may issue such orders as are necessary to correct a public record that contains false information resulting from a violation of this section.

NEW SECTION. Sec. 3.  A new section is added to chapter 9.35 RCW to read as follows:

     (1) The following are subject to seizure and forfeiture and no property right exists in them:

     (a) All tangible or intangible property, including any right or interest in such property, acquired by a person convicted of an offense under this chapter to the extent the acquisition is the direct or indirect result of the convicted person having committed the offense; and

     (b) Any property acquired through the traceable proceeds of property described in (a) of this subsection.

     (2) A seizure and forfeiture of property authorized under this section shall be conducted in accordance with the provisions of RCW 7.68.320.

     (3) The proceeds of any forfeiture action brought under this section shall be distributed as follows:

     (a) First, any funds acquired through the traceable proceeds of property forfeited under this section to the financial institution or lender to be applied towards any indebtedness directly caused by the person convicted and which is not covered by RCW 7.68.320;

     (b) Second, to the victims to satisfy any restitution ordered as part of the convicted person's sentence; and

     (b) Third, to the Washington state patrol for the operation of the identity theft bureau."

     Correct the title accordingly.   

EFFECT: Creates an identity theft bureau, requires law enforcement and the courts to assist victims, and provides for the forfeiture of illegally acquired property.