Nevada § 205.4651 - Identity theft program card: Application; issuance; presentation to law enforcement agency or creditors; discretion to accept or reject program card; application not public record; regulations; acceptance of gifts, grants and donations

§ 205.4651. Identity theft program card: Application; issuance; presentation to law enforcement agency or creditors; discretion to accept or reject program card; application not public record; regulations; acceptance of gifts, grants and donations

1. A person who is a victim of identity theft who is a: (a) Resident of this State and who has filed with a law enforcement agency in any

state a signed written report stating that the person is a victim of identity theft;

or (b) Nonresident of this State who has filed with a law enforcement agency in this

State a signed written report stating that the person is a victim of identity theft, may apply for an identity theft program card through any agency designated by the

Attorney General. 2. A designated agency that receives an application for an identity theft program

card shall submit the application and a copy of the written report described in subsection

1 to the Attorney General for review and, if the applicant meets the requirements

pursuant to subsection 1, issuance of an identity theft program card. 3. The Attorney General, in cooperation with any law enforcement agency, may issue

an identity theft program card to a person who is a victim of identity theft. 4. A person who is issued an identity theft program card pursuant to subsection 3

may present the identity theft program card to: (a) A law enforcement agency to help prevent the arrest or detention of the person

for an offense committed by another person using his or her personal identifying information;

or (b) A creditor to aid in the investigation of any fraudulent account that is opened

in his or her name or any fraudulent charge that is made against an account in his

or her name. 5. The law enforcement agency or creditor that is presented with an identity theft

program card pursuant to subsection 4 has sole discretion to accept or reject the

program card. In determining whether to accept or reject the identity theft program card, the

law enforcement agency or creditor may consider the surrounding circumstances and

available information regarding the identity theft of the person. 6. An application for an identity theft program card submitted pursuant to this section,

including any supporting documentation, is not a public record, and no part of it

may be released except to a law enforcement agency in this or another state. 7. The Attorney General may adopt regulations necessary to carry out the provisions

of this section. 8. The Attorney General may accept gifts, grants and donations from any source for

the purpose of carrying out the provisions of this section. 9. For the purposes of this section, “resident” shall be construed in accordance with

the provisions of NRS 10.155 . 10. As used in this section: (a) “ Identity theft ” means a violation of the provisions of NRS 205.463 , 205.464 or 205.465 . (b) “Identity theft program card” means a card or certificate issued by the Attorney

General that identifies a person who has complied with the provisions of subsection

1 and, except as otherwise provided in this section, must be given a reasonable opportunity

to prove to a law enforcement agency, creditor or other lawfully interested person

or governmental entity that the person is the victim and not the perpetrator of any

alleged crime, breach of contract or other wrongdoing normally associated with victims

of the crime of identity theft.