H-1990.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2009
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State of Washington 57th Legislature 2001 Regular Session
By House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Cairnes, Bush and Roach)
Read first time 02/27/2001. Referred to Committee on .
AN ACT Relating to creation of an identity theft bureau; adding a new section to chapter 43.43 RCW; adding a new section to chapter 43.10 RCW; and adding a new section to chapter 9.35 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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, assistant attorneys general, 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, prosecuting attorneys, and the attorney general in investigating, apprehending, and prosecuting offenders under chapter 9.35 RCW.
NEW SECTION. Sec. 2. A new section is added to chapter 43.10 RCW to read as follows:
An identity theft division is created in the office of the attorney general to assist citizens in the prevention, education, and prosecution of identity theft. The identity theft division shall:
(1) Provide a central point of consumer information and education on issues related to identity theft;
(2) Provide technical assistance to businesses developing policies regarding the use of nonpublic personal information, including developing model information privacy policies; and
(3) Assist and coordinate with the identity theft bureau of the Washington state patrol in the prosecution of crimes related to identity theft.
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, to the victims to satisfy any restitution ordered as part of the convicted person's sentence; and
(b) Second, to the Washington state patrol for the operation of the identity theft bureau.
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