Under current law a victim of identity theft may ask a court to determine that he or she is factually innocent of a criminal charge based on misidentification. The bill adds an additional process in which a victim of identity theft may pursue a records challenge with the Colorado bureau of investigation (CBI). If the records challenge is successful, the CBI issues the victim of identity theft a letter of misidentification and modifies the victim's law enforcement-only and public criminal record accordingly.

When the court enters a restitution order in a case of identity theft, the court must include the victim's costs associated with seeking a declaration of factual innocence or a CBI records challenge.

Year

2013

Current status

  • 02/19/2013 - Introduced In Senate - Assigned to Judiciary
  • 03/11/2013 - Signed by the President of the Senate
  • 03/15/2013 - Governor Action - Signed
  • 02/11/2013 - House Third Reading Passed

Sponsors

Lebsock/Ulibarri

Bill number

HB13-1146

Position

Support