Effective Date: October 28, 2011
Amended: April 13, 2016
1.403 Identity Theft and Reporting
1.403.02 Background Information
A. During the 2010 legislative session the Maryland Legislature passed an amendment to the Public Safety Article, Section 3-207 of the Annotated Code of Maryland which the Governor signed into law.
B. In part, that amendment requires the Maryland Police and Correctional Training Commission to develop, with the cooperation of the Office of the Attorney General, the Governor's Office of Crime Control and Prevention, and the Federal Trade Commission, a uniform identity fraud reporting form that:
- Makes transmitted data available on or before October 1, 2011,for use by each law enforcement agency of State and local government; and,
- May authorize the data to be transmitted to the Consumer Sentinel Program in the Federal Trade Commission.
1.403.04 MPCTC Developed ID Fraud Reporting Form
A. In response to this legislative mandate the Police Training Commission staff has developed, in cooperation with the Office of the Attorney General, the Governor's Office of Crime Control and Prevention and the Federal Trade Commission the Identity Fraud Reporting form.
B. At its January, 2011 meeting the Police Training Commission approved this form, for distribution to all Maryland law enforcement agencies.
C. As part of its discussion the Commission considered the reporting requirement set forth in Maryland Criminal Law - CR § 8~394 - Report which states in part:
- Contact local law enforcement agency - A person who knows or reasonably suspects that the person is a victim of identity fraud, as prohibited under this subtitle, may contact a local1aw enforcement agency that has jurisdiction over:
- any part of the county in which the person lives; or
- any part of the county in which the crime occurred.
- Preparation of report. - After being contacted by a person in ordnance with subsection (a) of this section, a local law enforcement agency shall promptly:
i. prepare and file a report of the alleged identity fraud; and
ii. provide a copy of the report to the victim.
D. The Commission recognizes that a number of law enforcement agencies use agency specific field reporting forms for various crimes and incidents, some of which may be generated in the field by computer and recorded and or stored electronically. It also recognized the Identity Fraud form it developed may not be compatible with those electronic report writing protocols.
E. While the law does not require the use of the form developed by the Commission, the Commission urges law enforcement agencies to adopt this form or a suitable facsimile that allows the identity fraud data/information captured on the uniform report to be collected in a format that is suitable for transmission to other law enforcement agencies and to the Federal Trade Commission.
1.403.06 Electronic Report Form
A. An electronic copy of the form developed by the Commission is on the R Drive under the folder named Departmental Forms and called the Identity Theft – Uniform Reporting Form.
B. The staff of the Commission developing instructions on the subject of identity theft/fraud that is suitable for use either in an entry-level program or for in-service training purposes.
C. These instructions are posted with the report form on the R Drive.
1.403.08 Paper Report Form
A. The approved paper report form is found with all instructions on the following Annex Pages.
1.403.10 Report Required – No Exceptions
A. At this time, a paper form MUST be completed and furnished the victim. There are no exceptions to the protocol to complete this report and provide the victim with a copy.
See appendix for instructions and copy of the required report.