08 LC 29
3104
Senate
Bill 388
By:
Senators Carter of the 13th, Chance of the 16th, Heath of the 31st, Rogers of
the 21st, Balfour of the 9th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 8 of Chapter 9 of Title 16 and Chapter 35 of the Official Code of
Georgia Annotated, relating to identity fraud and the Georgia Bureau of
Investigation, respectively, so as to provide the Georgia Bureau of
Investigation with the authority to investigate certain offenses involving
identity fraud, including subpoena power; to change provisions relating to
investigations in identity fraud cases; to provide for an effective date; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating
to identity fraud, is amended by revising Code Section 16-9-123, relating to
investigations in identity fraud cases, as follows:
"16-9-123.
The
administrator appointed under Code Section 10-1-395 shall have the authority to
investigate any complaints of consumer victims regarding identity fraud. In
conducting such investigations the administrator shall have all investigative
powers which are available to the administrator under Part 2 of Article 15 of
Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' If, after
such investigation, the administrator determines that a person has been a
consumer victim of identity fraud in this state, the administrator shall, at the
request of the consumer victim, provide the consumer victim with certification
of the findings of such investigation. Copies of any and all complaints
received by any law enforcement agency of this state regarding potential
violations of this article shall be transmitted to the
Governor´s
Office of Consumer Affairs
Georgia Bureau
of Investigation. The
Governor´s
Office of Consumer Affairs
Georgia Bureau
of Investigation shall maintain a
repository for all complaints in the State of Georgia regarding identity fraud.
Information contained in such repository shall not be subject to public
disclosure. The information in the repository may be transmitted to any other
appropriate investigatory agency or entity. Consumer victims of identity fraud
may file complaints directly with the Governor´s Office of Consumer
Affairs, the
Georgia Bureau of Investigation, or with local law
enforcement. Employees of the
Governor´s Office of Consumer Affairs may communicate with consumer
victims. Any and all transmissions authorized under this Code section may be
transmitted electronically, provided that such transmissions are made through a
secure channel for the transmission of such electronic communications or
information, the sufficiency of which is acceptable to the Governor´s
Office of Consumer Affairs. Nothing in this Code section shall be construed to
preclude any otherwise authorized law enforcement or prosecutorial agencies from
conducting investigations and prosecuting offenses of identity
fraud."
SECTION
2.
Chapter
3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation, is amended in subsection (a) of Code Section 35-3-4,
relating to powers and duties of the Georgia Bureau of Investigation, by
striking "or" at the end of paragraph (9), by replacing the period with "; or"
at the end of paragraph (10), and by adding a new paragraph to read as
follows:
"(11)
Identify and investigate violations of Article 8 of Chapter 9 of Title
16."
SECTION
3.
Said
chapter is further amended by revising paragraph (1) of subsection (a) of Code
Section 35-3-4.1, relating to subpoena for production of electronic
communication service records for computer or electronic devices used in
furtherance of certain offenses against minors, as follows:
"(a)(1)
In any investigation of a violation of Code Section 16-12-100, 16-12-100.1, or
16-12-100.2 involving the use of a computer or an electronic device in
furtherance of an act related to a minor,
or any
investigation of a violation of Article 8 of Chapter 9 of Title
16, the director, assistant director, or
deputy director for investigations shall be authorized to issue a subpoena, with
the consent of the Attorney General, to compel the production of electronic
communication service or remote communication service records or other
information pertaining to a subscriber or customer of such service, exclusive of
contents of communications."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.