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AB-1297 Identity theft.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
AB1297:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1297


Introduced by Assembly Member Chau

February 17, 2017


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


LEGISLATIVE COUNSEL'S DIGEST


AB 1297, as introduced, Chau. Identity theft.
Existing law makes it a crime for a person, with the intent to defraud, to acquire or retain possession of the personal identifying information, as defined, of more than 10 persons. Existing law makes that crime punishable by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years.
This bill would instead make that punishment applicable to a person who acquires or retains possession of the personal identifying information of more than 9 but not more than 50 persons. The bill would make it a crime punishable by imprisonment in the state prison for 16 months, or 2 or 3 years for a person who, with the intent to defraud, acquires or retains possession of the personal identifying information of more than 50 but not more than 100 other persons. The bill would make it a crime punishable by imprisonment in the state prison for 2, 3, or 5 years for a person who, with the intent to defraud, acquires or retains possession of the personal identifying information of more than 50 but not more than 100 other persons. The bill would make it a crime punishable by imprisonment in the state prison for 3, 5, or 7 years for a person who, with the intent to defraud, acquires or retains possession of the personal identifying information of more than 1,000 other persons. By creating new crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 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 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 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 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, by imprisonment in a county jail not to exceed one year, or by both a 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, 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.
(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 than 9 but not more than 50 other persons 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.
(4) 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 more than 50 but not more than 100 other persons is guilty of a public offense, and, upon conviction therefor, shall be punished by imprisonment in the state prison for 16 months, or two or three years.
(5) 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 more than 100 but not more than 1,000 other persons is guilty of a public offense, and, upon conviction therefor, shall be punished by imprisonment in the state prison for two, three, or five years.
(6) 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 more than 1,000 other persons is guilty of a public offense, and, upon conviction therefor, shall be punished by imprisonment in the state prison for three, five, or seven years.
(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, 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.
(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, by imprisonment pursuant to subdivision (h) of Section 1170, or by both a 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 Section 230(f) 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.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.