CHAPTER 13. IDENTITY THEFT UNIT
IC 4-6-13
Chapter 13. Identity Theft Unit
IC 4-6-13-1
"Unit"
Sec. 1. As used in this chapter, "unit" refers to the identity theft
unit established under section 2 of this chapter.
As added by P.L.137-2009, SEC.2.
IC 4-6-13-2
Identity theft unit; purpose
Sec. 2. The attorney general shall establish an identity theft unit
to assist prosecuting attorneys in enforcing identity deception (IC
35-43-5-3.5) and related criminal statutes and to carry out this
chapter.
As added by P.L.137-2009, SEC.2.
IC 4-6-13-3
Duties of identity theft unit
Sec. 3. (a) The unit shall do the following:
(1) Investigate consumer complaints regarding identity theft,
identity deception, fraud, deception, and related matters.
(2) Assist victims of identity theft, identity deception, fraud,
deception, and related crimes in obtaining refunds in relation to
fraudulent or authorized charges or debits, canceling fraudulent
accounts, correcting false information in consumer reports
caused by identity deception, correcting false information in
personnel files and court records, and related matters.
(3) Cooperate with federal, state, and local law enforcement
agencies in the investigation of identity theft, identity
deception, fraud, deception, violations of the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.), and related crimes. To
the extent authorized by federal law, the unit may enforce
compliance with the federal statutes or regulations described in
this subdivision or refer suspected violations of the statutes or
regulations to the appropriate federal regulatory agencies.
(4) Assist state and federal prosecutors in the investigation and
prosecution of identity theft, identity deception, fraud,
deception, and related crimes.
(b) The attorney general shall adopt rules under IC 4-22-2 to the
extent necessary to organize the unit.
As added by P.L.137-2009, SEC.2.
IC 4-6-13-4
Powers of the attorney general
Sec. 4. The attorney general may do any of the following when
conducting an investigation under section 3 of this chapter:
(1) Issue and serve a subpoena for the production of records,
including records stored in electronic data processing systems,
books, papers, and documents for inspection by the attorney
general or the investigator.
(2) Issue and serve a subpoena for the appearance of a person
to provide testimony under oath.
(3) Apply to a court with jurisdiction to enforce a subpoena
described in subdivision (1) or (2).
As added by P.L.137-2009, SEC.2.
IC 4-6-13-5
Duty of attorney general to notify a prosecuting attorney
Sec. 5. If the attorney general determines during an investigation
conducted under this chapter that there is reasonable suspicion to
believe that a person has committed identity deception or a similar
offense, the attorney general shall promptly notify a law enforcement
agency and the prosecuting attorney that have jurisdiction over the
person or offense.
As added by P.L.137-2009, SEC.2.
IC 4-6-13-6
Agency cooperation with the identity theft unit
Sec. 6. (a) The following may cooperate with the unit to
implement this chapter:
(1) The bureau of motor vehicles.
(2) The secretary of state.
(3) The department of financial institutions.
(4) The department of insurance.
(5) The state police department.
(6) The department of workforce development.
(7) The department of state revenue.
(8) A prosecuting attorney.
(9) Local law enforcement agencies.
(b) Notwithstanding IC 5-14-3, the entities listed in subsection (a)
may share information with the unit.
As added by P.L.137-2009, SEC.2.
IC 4-6-13-7
Jurisdiction of other agencies not limited
Sec. 7. The establishment of the unit and the unit's powers does
not limit the jurisdiction of an entity described in section 6 of this
chapter.
As added by P.L.137-2009, SEC.2.
IC 4-6-13-8
Power to deputize attorney general or deputy attorney general
Sec. 8. A prosecuting attorney may deputize the attorney general
or a deputy attorney general for purposes of the prosecution of an
identity deception offense or a related offense.
As added by P.L.137-2009, SEC.2.
IC 4-6-13-9
Educational programs
Sec. 9. The unit may initiate and maintain an educational program
to inform consumers of:
(1) risks relating to identity deception and similar crimes;
(2) steps consumers may take to minimize their risks of
becoming a victim of identity deception;
(3) methods to detect identity deception and similar crimes; and
(4) measures that identity deception victims may take to recover
from the crime and to hold the perpetrator of the crime
accountable in a court of law.
As added by P.L.137-2009, SEC.2.