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SB-1307 Identity theft: fines.(2013-2014)

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SB1307:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 1307

Introduced by Senator Wyland

February 21, 2014

An act to amend Section 530.5 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


SB 1307, as introduced, Wyland. Identity theft: fines.
Existing law makes it a misdemeanor to acquire or retain, with the intent to defraud, possession of the personal identifying information of another person. Under existing law, a 2nd commission of this offense and the commission of this crime against 10 or more victims may be charged as either a misdemeanor or a felony. Existing law makes it a crime, punishable as either a misdemeanor or a felony, to sell, transfer, or convey the personal identifying information of another with the intent to defraud. Existing law also makes it a felony to sell personal information with the knowledge that it will be used for an unlawful purpose.
Under existing law a misdemeanor is punishable by a term of imprisonment of not more than one year in county jail and, unless otherwise provided, a fine not to exceed $1,000.
This bill would specify that the fine for committing any of the above crimes, other than acquiring or retaining possession of the personal identifying information of 10 or more victims, if charged as a misdemeanor, is not to exceed $5,000, and the fine for acquiring or retaining possession of the personal identifying information of 10 or more victims, if charged as a misdemeanor, is not to exceed $10,000.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 530.5 of the Penal Code is amended to read:

530.5.
 (a) Every A person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any an unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(b) In any a case in which a person willfully obtains personal identifying information of another person, uses that information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.
(c) (1) Every A person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine not to exceed five thousand dollars ($5,000), by imprisonment in a county jail not to exceed one year, or by both a that fine and imprisonment.
(2) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and who has previously been convicted of a violation of this section, upon conviction therefor shall be punished by a fine not to exceed five thousand dollars ($5,000), by imprisonment in a county jail not to exceed one year, or by both a that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(3) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of 10 or more other persons is guilty of a public offense, and upon conviction therefor, shall be punished by a fine not to exceed ten thousand dollars ($10,000), by imprisonment in a county jail not to exceed one year, or by both a that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(d) (1) Every person who, with the intent to defraud, sells, transfers, or conveys the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine not to exceed five thousand dollars ($5,000), by imprisonment in a county jail not to exceed one year, or by both a that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(2) Every person who, with actual knowledge that the personal identifying information, as defined in subdivision (b) of Section 530.55, of a specific person will be used to commit a violation of subdivision (a), sells, transfers, or conveys that same personal identifying information is guilty of a public offense, and upon conviction therefor, shall be punished by a fine not to exceed five thousand dollars ($5,000), by imprisonment pursuant to subdivision (h) of Section 1170, or by both a that fine and imprisonment.
(e) Every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to, subdivisions (a) to (c), inclusive, of this section.
(f) An interactive computer service or access software provider, as defined in subsection (f) of Section 230 of Title 47 of the United States Code, shall not be liable under this section unless the service or provider acquires, transfers, sells, conveys, or retains possession of personal information with the intent to defraud.