Compare Versions


Add To My Favorites | print page

SB-425 Identity theft.(2003-2004)



Current Version: 06/03/03 - Amended Senate

Compare Versions information image


SB425:v96#DOCUMENT

Amended  IN  Senate  April 22, 2003
Amended  IN  Senate  May 01, 2003
Amended  IN  Senate  June 03, 2003

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Senate Bill
No. 425

Introduced  by  Senator Poochigian

February 20, 2003

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


LEGISLATIVE COUNSEL'S DIGEST


SB 425, as amended, Poochigian. Identity theft.
Existing law specifies the offense of identity theft, and provides punishment therefor.
This bill would, in addition, provide that any person convicted of a violation of, or of a conspiracy to violate, those provisions would receive, in addition to any other punishment authorized by law, a consecutive 3-year term of imprisonment in the state prison for each prior felony conviction of, or for each prior felony conviction of conspiracy to violate, those provisions, whether or not the prior conviction resulted in a term of imprisonment. The bill would clarify specify that the acquisition, transfer, or retention of possession of personal identifying information of each person in violation of those provisions would be a separate and distinct offense.

By requiring local prosecutors to plead and prove the additional enhancements, this 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: 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 person who willfully obtains personal identifying information, as defined in subdivision (b), of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, or medical information in the name of the other person without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished either by imprisonment in a county jail not to exceed one year, a fine not to exceed one thousand dollars ($1,000), or both that imprisonment and fine, or by imprisonment in the state prison, a fine not to exceed ten thousand dollars ($10,000), or both that imprisonment and fine.
(b) “Personal identifying information,” as used in this section, means the name, address, telephone number, health insurance identification number, taxpayer identification number, school identification number, state or federal driver’s license number, or identification number, social security number, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, alien registration number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voice print, retina or iris image, or other unique physical representation, unique electronic data including identification number, address, or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person.
(c) 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.
(d) Every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information, as defined in subdivision (b), of another person is guilty of a public offense, and upon conviction therefor, shall be punished by imprisonment in a county jail not to exceed one year, or a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine. The acquisition, transfer, or retention of possession of personal identifying information of each person in violation of this subdivision is a separate and distinct offense.

(e)(1)Any person convicted of a violation of, or of a conspiracy to violate, this section, shall receive, in addition to any other punishment authorized by law, including Section 667.5, a full, separate, and consecutive three-year term for each prior felony conviction of, or for each prior felony conviction of conspiracy to violate, this section, whether or not the prior conviction resulted in a term of imprisonment.

(2)The enhancements provided for in this subdivision shall be pleaded and proven as provided by law.

(3)The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.

(4)Prior convictions from another jurisdiction, for an offense that, if committed in California, would be an offense pursuant to this section, qualify for use pursuant to this subdivision.

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.