Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Public Safety & Emergency Preparedness Committee

HB 2054


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Reporting identity theft cases.

Sponsors: Representatives Goodman, O'Brien, Williams, Springer, Dunshee, Simpson, Lovick, Roach, Kelley, Green, Roberts and Hurst.

Brief Summary of Bill
  • Requires the Washington State Patrol to create a public website and call center for the filing of incident reports relating to identity crimes.

Hearing Date: 2/12/07

Staff: Yvonne Walker (786-7841).

Background:

Under the Fair Credit Reporting Act, in order for a victim to have certain information blocked on his or her consumer report due to an identity theft crime that has occurred, the victim must provide the consumer reporting agency with a copy of the police report. Generally, a police incident report indicating an offense has occurred is required in order to freeze credit, to place a long-term fraud alert on a credit report, and to obtain records of fraudulent accounts from merchants.

Police incident reports are used for many reasons such as: recording arrests, domestic disputes, traffic accidents, burglaries, fraud, thefts, stalkings, violence, recording injuries, crimes, and other incidents. There is no statute that specifies when, where, or if an incident report has to be created by a law enforcement officer during incidents where an identity theft crime has occurred.

Summary of Bill:

The Washington State Patrol (WSP) must create a website and call center that is available to the public for the filing of incident reports relating to identity theft crimes.

Anytime a victim learns or reasonably suspects that he or she has been a victim of an identity crime, that victim may file an incident report through the public website or the call center operated by the WSP. The public website must contain instructions on how to use the system for filing an incident report. The call center must be open from 8 a.m. to 5 p.m., Monday through Friday.

At a minimum, when filing an incident report, the website and call center must request, but is not limited to: the name of the person completing the form; the complainant's name, address, phone number, date, and place that the incident may have occurred; a description of the identity theft crime that has taken place; and any other information that is deemed necessary according to the WSP.

After an incident report has been filed, within 48 hours, the WSP must create an incident report of the matter, provide the complainant with a response, a case number, and a copy of the incident report filed by phone or via the internet. The WSP may also refer the incident to another appropriate law enforcement agency.

Although a person may file an incident report through the WSP's website or call center, nothing prohibits a person from filing an incident report with a local law enforcement agency.

Appropriation: None.

Fiscal Note: Requested on February 6, 2007.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.