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Introduced Version House Bill 2049 History

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hb2049 intr
H. B. 2049


(By Delegate Boggs)

[Introduced February 9, 2005; referred to the

Committee on the Judiciary then Finance.]


FN



A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-2A-30, relating to allowing awards under the crime victims compensation program to be made to victims of identity theft.

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §14-2A-30, to read as follows:

ARTICLE 2A. COMPENSATION AWARDS TO VICTIMS OF CRIMES.

§14-2A-30. Awards for victims of identity theft.
(a) Notwithstanding the definitions contained in section three of this article or any other provision of this article, the court may make an award to a victim of identity theft, to the extent funds are available and as provided in this section. The award may not exceed one thousand dollars for reasonable travel expenses incurred by the victim in attending court proceedings that are conducted for the prosecution of the offender.
(b) As used in this section:
(1) "Identity theft" means the unauthorized use of another individual's personal identifying information to obtain credit, goods, services, money or property.
(2) "Personal identifying information" means an individual's name, address, telephone number, driver's license number, social security number, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number or credit card number.
(3) "Victim of identity theft" means an individual who had his or her personal identifying information used without authorization by another to obtain credit, goods, services, money or property, and did not use or possess the credit, goods, services, money or property obtained by the identity theft, and filed a police report in this regard.
(c) All procedures for filing and processing an application for compensation provided in this article, to the extent applicable, apply to a victim seeking an award under this section. The victim shall be considered a claimant for purposes of seeking an award under this article.


NOTE: The purpose of this bill is to
allow awards, under the crime victims compensation program, to be made to victims of identity theft.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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