Montana Code Annotated 2021



Part 2. Services to Victim, Witness

Identity Theft Report -- Process -- Investigation

46-24-218. Identity theft report -- process -- investigation. (1) A law enforcement agency that receives a report of identity theft, as described in 45-6-332, from a victim of identity theft shall request two forms of identification sufficient to determine the identity of the victim. The forms of identification may include but are not limited to:

(a) a driver's license or other current, valid photo identification card, including but not limited to a school district or postsecondary education photo identification or a tribal photo identification that shows the individual's name;

(b) a birth certificate; or

(c) a current utility bill, bank statement, paycheck, government check, or other government document that shows the individual's name and address.

(2) The law enforcement agency shall:

(a) notwithstanding subsection (1), immediately begin to investigate the report of identity theft, based upon whatever proof of identity the victim is able to provide, if any, at the time of making the report and proceed with the investigation as far as the agency is able;

(b) within 72 hours of receiving an identity theft victim's complaint, provide to the victim one copy of the police report, law enforcement investigative report, or filed complaint; and

(c) as provided in 46-24-220, send another copy along with the victim's completed application for an identity theft passport to the attorney general.

(3) Within 72 hours after making the report of identity theft, the victim shall provide the forms of identification requested pursuant to subsection (1). If the victim is unable to provide that identification within that time, the victim shall explain to the law enforcement agency receiving the report why the victim is unable to provide those forms of identification.

(4) The law enforcement agency shall take a complaint as provided under subsection (1) even if jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity theft. The law enforcement agency that takes the complaint may refer the complaint to a law enforcement agency that has apparent jurisdiction.

(5) (a) The law enforcement agency with which the original police report, investigative report, or complaint is filed shall cooperate fully with other law enforcement agencies of the same or another jurisdiction and investigate the identity theft within its resources.

(b) A complaint filed under this section is not required to be counted as an open case for purposes of compiling open case statistics.

History: En. Sec. 1, Ch. 195, L. 2007.