Colorado Rights Blog

HB13-1146: ID Theft Victim CBI Records Challenge

Bill Number: HB13-1146
Year: 2013
ACLU Position: Support
Sponsors: Lebsock/Ulibarri


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.

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

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