Tag: Department of Public Safety

Battling ID Theft Takes Concerted Effort

In the state of New Mexico, we have a law in place to help victims of  identity theft. The problem we have is that so many people are still unaware of it even though it has been around since 2009. This includes many people within the criminal justice system and law enforcement agencies. The law that I am referring to is the “Identity Theft Passport;
Database,” Section 31-26-15 NMSA 1978. Within the statute it states that the Attorney General, in cooperation with the Department of Public Safety and the Motor Vehicle Division of the Taxation and Revenue Department, shall issue an identity theft passport to a person who claims to be a victim of identity theft pursuant to Section 30-16-24. 1 NMSA 1978.

How the program works is: 1) fill out a police report stating your identity was stolen; 2) resubmit the report back to the agency with whom you filled out the report; 3) wait for the agency to upload the information into the New Mexico State ID Theft Victims Database that is housed by the Attorney General’s office. This process usually takes a couple weeks.
The Attorney General may provide access to the database only to criminal justice agencies; and 4) once the information is uploaded the victim can then go to a state run MVD and be issued a driver’s license with a “V” endorsement on the back.

How does this help the victim? If their driver’s license or state-issued identification card is run and something they did not do comes up, it will alert the officer to look into it further. In most cases the officer will be able to pull up the mugshot of the person arrested for the crime in question.

Some very good news – help for victims of ID theft is just a phone call away. ID theft victims no longer have to suffer in isolation and feel that they have nowhere to turn to for support.

ID theft Resolutions, Ltd. Is a 501 c(3) nonprofit dedicated exclusively to educating the public, public officials and legislators about the challenges presented by the identity theft phenomenon and how to prevent and respond to ID theft and helping ID theft victims recover their identity and protect their credit.

We can be contacted by calling (505) 417-1902 or 1-888-484-9118 or by email at markmedley@idtheftresolutions.org.

New Mexico State Victim Resources:

Attorney General
Phone: (505) 827-6000
http://www.nmag.gov/

ID Theft Resolutions
Nonprofit 501(c)(3) organization committed to (1) educating the general public, public officials, and legislators about the challenges presented by identity theft; (2) providing effective steps for how to prevent and respond; and (3) helping victims recover their identity and protect their credit. Services include free assistance to help victims, a free family prevention checkup, and a no-cost mini-workshop for small businesses and their employees.
PO Box 10243, Albuquerque, NM 87184-0243
Phone: (888) 484-9118
markmedley@idtheftresolutions.org

Agencies that offer assistance to IDT victims:

New Mexico Legal Aid
Program Phone: (505) 243-7871
Legal Assistance: (505) 243-7871   
http://www.lawhelp.org/nm/

Online Forms for Victims of Identity Theft

Security Freeze Law:

All consumers are permitted to place a security freeze on their credit reports. A security freeze prohibits, with certain specific exceptions, the credit reporting agency from releasing the consumer’s credit report or any information from it without the express authorization of the consumer. This prevents a credit file from being shared with potential creditors, blocking new accounts from being opened. To obtain a security freeze, credconsumers must send a credit reporting agency a written request by certified mail, provide proper identification and pay a fee, if applicable.

The credit reporting agencies are permitted to charge a fee of $10 for the placement of a security freeze, $5 for the release of a credit report to a specific person or for a specific period of time, and $5 to remove the freeze. However, there is no charge for victims of identity theft who provide a copy of a police report and for people 65 years of age or older.

Credit reporting agencies must place the freeze within three business days of receiving the request, and within five days, must provide the consumer with written confirmation of the freeze and a unique personal identification number, password or similar device to be used by the consumer when providing authorization for the release of the consumer’s credit report to a specific person or for a specific period of time or for permanent removal of the freeze. Requests for a temporary unlocking of the freeze must be completed within three business days. However, temporary unlocking must be completed within 15 minutes after the consumer’s request is received through an electronic contact method or by telephone, during normal business hours
Statute: §56-3A1 though 6: http://www.nmonesource.com/nmpublic/gateway.dll/?f=templates&fn=default.htm

 

 

Mandatory Police Report Law for Identity Theft Victims:

When a law enforcement officer interviews an alleged identity theft victim, the law enforcement officer shall make a written report of the information provided by the victim and by witnesses on appropriate forms provided by the attorney general. A copy of the police report shall be filed with the office of the attorney general.”
Chapter 29 NMSA 1978: http://www.nmonesource.com/nmpublic/gateway.dll/?f=templates&fn=default.htm

 

 

Identity Theft Passport Law:

A. The attorney general, in cooperation with the department of public safety and the motor vehicle division of the taxation and revenue department, shall issue an identity theft passport to a person who claims to be a victim of identity theft pursuant to Section 30-16-24.1 NMSA 1978 and who provides to the attorney general: (1) a certified copy of a court order obtained pursuant to Section 5 [31-26-16 NMSA 1978] of this 2009 act or a full set of fingerprints; (2) a driver’s license or other government-issued identification or record; and (3) other information as required by the attorney general.

B. An identity theft passport shall contain a picture of the person to whom it was issued and other information as the attorney general deems appropriate.

C. The attorney general may enter into a memorandum of understanding with the motor vehicle division of the taxation and revenue department for the development and issuance of a secure form of identity theft passport.  When an identity theft passport is issued, the motor vehicle division shall note on the person’s driver record that an identity theft passport has been issued.

D. An identify [identity] theft passport shall be accepted as evidence of identity by law enforcement officers and others who may challenge the person’s identity.

E. The attorney general shall maintain a database of identity theft victims who have reported to a law enforcement agency or have been issued an identity theft passport.  The attorney general may provide access to the database only to criminal justice agencies.  For purposes of identification and authentication, the attorney general may allow access to specific information about a person who has become a victim of identity theft to that person or to that person’s authorized representative.

F. The attorney general shall keep on file each application for an identity theft passport and each police report of identity theft submitted by a law enforcement agency.

G. The attorney general shall prepare and make available to local law enforcement agencies and to the general public an information packet that includes information on how to prevent and stop identity theft.

Section 31-26-15 – Identity theft passport; database.

 

Identity Theft Laws:

Theft of identity consists of willfully obtaining, recording, or transferring personal identifying information of another person without the authorization or consent of that person and with the intent to defraud that person or another. “Personal identifying information” is defined as information that alone or in conjunction with other information identifies a person, including the person’s name, address, telephone number, driver’s license number, Social Security number, place of employment, maiden name of the person’s mother, demand deposit account number, checking or savings account number, credit card or debit card number, personal identification number, passwords or any other numbers or information that can be used to access a person’s financial resources. Theft of identity is a fourth class felony, punishable by eighteen months in jail and/or a fine up to $5,000.
Statute: §30-16-24.1: http://www.nmonesource.com/nmpublic/gateway.dll/?f=templates&fn=default.htm