An Act

Section 1. This act shall be known as the Identity Theft Protection Act of 2008.

Section 2. This Act shall apply to all individuals who perpetrate identity theft and those individuals who are the victims of identity theft.

Section 3. For the purposes of this Act, "identity theft" is defined as the use of an identity of another person for the purposes of (i) fraudulent impersonation; (ii) to purchase items in the victim's name; (iii) to hire or pay for any other services in the victim's name; (iv) any use of any credit card or other financial instrument in the victim's name; (v) entering into contracts using the victim's name with intent to defraud the other party and/or the victim.

Section 4. It shall be an affirmative defense under the laws of these United States or any State or other jurisdiction within to the charge of murder, manslaughter or the attempt thereof, that the victim of any such violent crime perpetrated an act of identity theft upon the individual charged with such violent crime. This affirmative defense shall be proven by clear and convincing evidence. Proof of such affirmative defense shall be a total and absolute bar to any conviction.

Section 5. Upon the proof required in Section 4 hereof, all other related charges, including but not limited to charges of illegal weapons possession, discharge of weapons, shall be dismissed with prejudice.

Section 6. Any person who kills an identity thief pursuant to the terms and conditions of this act shall be given a ticker-tape parade and the opportunity to throw out the first pitch of the season at a major league baseball game.

Section 7. This Act shall take effect immediately.