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SB-1196 Personal identifying information: unlawful use: business entity filings.(2017-2018)

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Date Published: 09/24/2018 09:00 PM
SB1196:v95#DOCUMENT

Senate Bill No. 1196
CHAPTER 696

An act to add Title 1.81.6 (commencing with Section 1798.200) to Part 4 of Division 3 of the Civil Code, relating to personal identifying information.

[ Approved by Governor  September 22, 2018. Filed with Secretary of State  September 22, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1196, Jackson. Personal identifying information: unlawful use: business entity filings.
Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person without the authorization of that person, and uses that information for any unlawful purpose in the name of the other person without the consent of that person is guilty of a public offense. Existing law further provides that a person who learns or reasonably suspects that his or her personal identifying information has been used by another to commit a crime may initiate a law enforcement investigation by contacting the local law enforcement agency. Under existing law, the law enforcement agency must take a police report of the matter and provide the complainant with a copy of that report.
This bill would authorize a person who has learned or reasonably suspects that his or her personal identifying information has been used unlawfully in a business entity filing, as defined, and has obtained the police report described above, to petition a court for a determination of unlawful use of his or her personal identifying information in the filing. Upon making that determination, the bill would require the court to order that the name and personal identifying information in the business entity filing be redacted or labeled to show the data is impersonated and to order the removal of, or label, the personal identifying information from publicly accessible electronic indexes and databases. The bill would require the Judicial Council to develop a form for issuing that order and would require that the order be filed with the Secretary of State.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Title 1.81.6 (commencing with Section 1798.200) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.81.6. Identity Theft in Business Entity Filings

1798.200.
 For purposes of this title, the following terms are defined as follows:
(a) “Business entity filing” means a document required by law to be filed with the Secretary of State pursuant to the Corporations Code, the Financial Code, or the Insurance Code.
(b) “Personal identifying information” has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code.
(c) “Person” means a natural person, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity.

1798.201.
 A person who has learned or reasonably suspects that his or her personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing, and has initiated a law enforcement investigation in accordance with subdivision (a) of Section 530.6 of the Penal Code, may petition the superior court in the county in which the person resides for an order, which may be granted ex parte, directing the alleged perpetrator of the act described in paragraph (1) of subdivision (c) of Section 530.5 of the Penal Code, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court and show cause for both of the following:
(a) Why the personal identifying information should not be labeled to show the information is impersonated and does not reflect the person’s identity.
(b) Why the personal identifying information should be associated with the business entity.

1798.202.
 (a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court.
(b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victim’s personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victim’s personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination.
(c) Upon making a determination pursuant to subdivision (b), the court shall do the following:
(1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victim’s identity.
(2) Order the data to be removed from publicly accessible electronic indexes and databases.
(d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud.
(e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section.
(f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State.