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 theftunit 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 unitto assist prosecuting attorneys in enforcing identity deception (IC35-43-5-3.5) and related criminal statutes and to carry out thischapter.
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 tofraudulent or authorized charges or debits, canceling fraudulentaccounts, correcting false information in consumer reportscaused by identity deception, correcting false information inpersonnel files and court records, and related matters.
(3) Cooperate with federal, state, and local law enforcementagencies in the investigation of identity theft, identitydeception, fraud, deception, violations of the Fair CreditReporting Act (15 U.S.C. 1681 et seq.), and related crimes. Tothe extent authorized by federal law, the unit may enforcecompliance with the federal statutes or regulations described inthis subdivision or refer suspected violations of the statutes orregulations to the appropriate federal regulatory agencies.
(4) Assist state and federal prosecutors in the investigation andprosecution of identity theft, identity deception, fraud,deception, and related crimes.
(b) The attorney general shall adopt rules under IC 4-22-2 to theextent 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 whenconducting 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 personto provide testimony under oath.
(3) Apply to a court with jurisdiction to enforce a subpoenadescribed 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 investigationconducted under this chapter that there is reasonable suspicion tobelieve that a person has committed identity deception or a similaroffense, the attorney general shall promptly notify a law enforcementagency and the prosecuting attorney that have jurisdiction over theperson 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 toimplement 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 doesnot limit the jurisdiction of an entity described in section 6 of thischapter.
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 generalor a deputy attorney general for purposes of the prosecution of anidentity 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 programto inform consumers of:
(1) risks relating to identity deception and similar crimes;
(2) steps consumers may take to minimize their risks ofbecoming a victim of identity deception;
(3) methods to detect identity deception and similar crimes; and
(4) measures that identity deception victims may take to recoverfrom the crime and to hold the perpetrator of the crimeaccountable in a court of law.
As added by P.L.137-2009, SEC.2.