Sec. 109.94. (A) The attorney general, in cooperation with | 10 |
any law enforcement agency, may issue an identity fraud passport | 11 |
to a person who is a victim in this state of identity fraud or | 12 |
identity fraud against an elderly person or disabled adult and has | 13 |
filed a police report with any law enforcement agency citing that | 14 |
the person is a victim of a violation of section 2913.49 of the | 15 |
Revised Code. Once a police report of that nature has been filed | 16 |
with any law enforcement agency, the victim may apply for an | 17 |
identity fraud passport through any law enforcement agency. The | 18 |
law enforcement agency shall send a copy of the police report and | 19 |
the application for an identity fraud passport to the attorney | 20 |
general. The attorney general shall process the application and | 21 |
supporting police report and may issue the victim of identity | 22 |
fraud or identity fraud against an elderly person or disabled | 23 |
adult an identity fraud passport in the form of a card or | 24 |
certificate. | 25 |
(C)(1) Subject to its use for statistical purposes pursuant | 45 |
to division (C)(2) of this section, an application made with the | 46 |
attorney general pursuant to division (A) of this section, | 47 |
including any supporting documentation, is not a public record | 48 |
pursuant to section 149.43 of the Revised Code. The attorney | 49 |
general may provide access to the applications and supporting | 50 |
documentation filed with the attorney general's office to other | 51 |
criminal justice agencies in this or another state. | 52 |
(2) The attorney general shall maintain statistics with | 53 |
respect to the number of applications for identity fraud passports | 54 |
submitted, and the number of identity fraud passports issued, | 55 |
pursuant to division (A) of this section. Not later than the first | 56 |
day of November in each year, the attorney general shall submit a | 57 |
statistical report to the governor, the president and minority | 58 |
leader of the senate, and the speaker and minority leader of the | 59 |
house of representatives indicating the number of applications for | 60 |
identity fraud passports submitted, and the number of identity | 61 |
fraud passports issued, pursuant to division (A) of this section | 62 |
in the previous fiscal year. Nothing in the statistics maintained | 63 |
or the statistical report submitted by the attorney general | 64 |
pursuant to this division shall identify, or enable the | 65 |
identification of, any individual who applied for, was issued, or | 66 |
was denied an identity fraud passport. The statistics and the | 67 |
statistical report are public records for the purpose of section | 68 |
149.43 of the Revised Code. | 69 |
Sec. 2913.49. (A) As used in this section,
"personal | 70 |
identifying information" includes, but is not limited to, the | 71 |
following: the name, address,
telephone number, driver's license, | 72 |
driver's license number,
commercial driver's license, commercial | 73 |
driver's license number,
state identification card, state | 74 |
identification card number,
social security card, social security | 75 |
number,
birth certificate, place of
employment, employee | 76 |
identification number,
mother's maiden
name, demand deposit | 77 |
account number, savings
account number,
money market account | 78 |
number, mutual fund account
number, other
financial account | 79 |
number, personal identification
number,
password, or credit card | 80 |
number of a living or dead
individual. | 81 |
(a) The person or entity using, obtaining, possessing, or | 109 |
creating the personal identifying
information or permitting it to | 110 |
be used is a law enforcement agency, authorized fraud
personnel, | 111 |
or
a representative of or attorney for a law
enforcement agency or | 112 |
authorized fraud personnel and is using, obtaining, possessing, or | 113 |
creating the
personal identifying
information or permitting it to | 114 |
be used, with prior consent given as specified in this division, | 115 |
in a bona fide investigation, an
information security
evaluation, | 116 |
a pretext calling evaluation, or
a similar matter. The prior | 117 |
consent required under this division shall be given by the person | 118 |
whose personal identifying information is being used, obtained, | 119 |
possessed, or created or is being permitted to be used or, if the | 120 |
person whose personal identifying information is being used, | 121 |
obtained, possessed, or created or is being permitted to be used | 122 |
is deceased, by that deceased person's executor, or a member of | 123 |
that deceased person's family, or that deceased person's attorney. | 124 |
The prior consent required under this division may be given orally | 125 |
or in writing by the person whose personal identifying information | 126 |
is being used, obtained, possessed, or created or is being | 127 |
permitted to be used or that person's executor, or family member, | 128 |
or attorney. | 129 |
(b) The personal identifying information was obtained, | 130 |
possessed, or used, created, or permitted to be used for a lawful | 131 |
purpose, provided that division (F)(2)(b) of this section does not | 132 |
apply if the person or entity using, obtaining, possessing, or | 133 |
creating the personal identifying information or permitting it to | 134 |
be used is a law enforcement agency, authorized fraud personnel, | 135 |
or a representative of or attorney for a law enforcement agency or | 136 |
authorized fraud personnel that is using, obtaining, possessing, | 137 |
or creating the personnel identifying information or permitting it | 138 |
to be used in an investigation, an information security | 139 |
evaluation, a pretext calling evaluation, or similar matter. | 140 |
(H)(1) If thean offender commits a violation of division | 145 |
(B), (D), or (E) of
this
section and the violation
occurs as part | 146 |
of a course of conduct involving
other
violations
of division (B), | 147 |
(D), or (E) of this section or
violations of,
attempts
to
violate, | 148 |
conspiracies to violate, or
complicity in violations of
division | 149 |
(C) of this section or
section 2913.02, 2913.04, 2913.11,
2913.21, | 150 |
2913.31, 2913.42,
2913.43, or 2921.13 of the
Revised
Code, the | 151 |
court, in determining
the degree of the offense pursuant
to | 152 |
division
(I) of this
section, may
aggregate all credit,
property, | 153 |
or services obtained
or sought
to be obtained by the
offender and | 154 |
all debts or other
legal
obligations avoided or
sought to be | 155 |
avoided by the offender
in
the violations involved in
that course | 156 |
of
conduct. The course
of conduct may involve one
victim or more | 157 |
than one
victim. | 158 |
(2) If thean offender commits a violation of division (C) of | 159 |
this section and the violation occurs
as
part of a course of | 160 |
conduct involving other violations of
division
(C)
of this section | 161 |
or violations of, attempts to
violate, conspiracies to
violate, or | 162 |
complicity in violations of
division (B), (D), or (E) of this | 163 |
section
or section 2913.02,
2913.04, 2913.11,
2913.21, 2913.31, | 164 |
2913.42, 2913.43, or
2921.13
of the Revised
Code, the court, in | 165 |
determining the
degree of the
offense pursuant
to division
(I) of | 166 |
this section, may
aggregate
all credit,
property, or services | 167 |
obtained or sought to be
obtained by the
person aided or abetted | 168 |
and all debts or other
legal
obligations
avoided or sought to be | 169 |
avoided by the person
aided or abetted
in
the violations involved | 170 |
in that course of
conduct. The course of
conduct may involve one | 171 |
victim or more
than one victim. | 172 |
(2) Except as otherwise provided in this
division or division | 175 |
(I)(3) of this section,
identity
fraud is a misdemeanorfelony of | 176 |
the
firstfifth degree. If
the value of the
credit, property, | 177 |
services,
debt, or other
legal obligation
involved in the | 178 |
violation or
course of conduct is five
hundred
dollars or more and | 179 |
is
less than
five thousand dollars, except as otherwise provided | 180 |
in division (I)(3) of this section,
identity
fraud is a
felony
of | 181 |
the
fourth degree. If the value of the
credit,
property,
services, | 182 |
debt, or other legal obligation
involved in
the
violation
or | 183 |
course of conduct is
five thousand
dollars or
more
and is less | 184 |
than one hundred
thousand dollars,
except as otherwise provided in | 185 |
division (I)(3) of this section, identity
fraud is a felony of
the
| 186 |
third degree.
If the value
of
the
credit, property,
services, | 187 |
debt, or other
legal obligation
involved in the violation or | 188 |
course
of conduct is
one
hundred
thousand dollars or more, except | 189 |
as otherwise provided in division (I)(3) of this section,
identity
| 190 |
fraud
is a
felony of the
second degree. | 191 |
(3) If the victim of the offense is an elderly person or | 192 |
disabled adult, a violation of this section is identity fraud | 193 |
against an elderly person or disabled adult. Except as otherwise | 194 |
provided in this division, identity fraud against an elderly | 195 |
person or disabled adult is a felony of the fifth degree. If the | 196 |
value of the credit, property, services, debt, or other legal | 197 |
obligation involved in the violation or course of conduct is five | 198 |
hundred dollars or more and is less than five thousand dollars, | 199 |
identity fraud against an elderly person or disabled adult is a | 200 |
felony of the third degree. If the value of the credit, property, | 201 |
services, debt, or other legal obligation involved in the | 202 |
violation or course of conduct is five thousand dollars or more | 203 |
and is less than one hundred thousand dollars, identity fraud | 204 |
against an elderly person or disabled adult is a felony of the | 205 |
second degree. If the value of the credit, property, services, | 206 |
debt, or other legal obligation involved in the violation or | 207 |
course of conduct is one hundred thousand dollars or more, | 208 |
identity fraud against an elderly person or disabled adult is a | 209 |
felony of the first degree. | 210 |