BILL NUMBER: AB 2350	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2002

INTRODUCED BY   Assembly Member John Campbell

                        FEBRUARY 21, 2002

    An act to amend Section 666 of the Penal Code, relating
to crime.   An act to amend Section 530.5 of, and to add
Section 530.9 to, the Penal Code, relating to crime. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2350, as amended, John Campbell.  Crime.
   Existing law provides that a person  convicted of certain
enumerated theft crimes who served a term therefor in any penal
institution or was imprisoned as a condition of probation, who is
subsequently convicted of petty theft is punishable, as specified, in
a county jail or the state prison.
   This bill would make a technical, nonsubstantive change to this
provision.   who willfully obtains the personal
identifying information of another person, and uses that information
for any unlawful purpose without the consent of that person, is
guilty of a public offense.
   This bill would provide that the crime described above is called
identity theft.
   Existing law provides that a person who has learned or who
reasonably suspects that his or her personal identifying information
has been unlawfully used by another may initiate an investigation by
local law enforcement, as specified.
   This bill would require the Attorney General, no later than July
14, 2003, to establish guidelines for the investigation and
prosecution of the crime of identity theft that shall be used by
local law enforcement agencies to handle these types of cases.  This
bill would also require that one year following implementation of
these guidelines, but no later than July 14, 2004, the Office of
Attorney General publish on its Web site, the number of identity
thefts reported and the number of prosecutions pursued statewide each
quarter. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
no   yes  . State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 666 of the Penal Code is amended to 

  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  
identity theft  , 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, driver's license number,
social security number, place of employment, employee identification
number, mother's maiden name, demand deposit account number, savings
account number, or credit card number of an individual person.
   (c) In any case in which a person willfully obtains personal
identifying information of another person without the authorization
of that person, and 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.

  SEC. 2.  Section 530.9 is added to the Penal Code, to read:
   530.9.  (a) No later than July 14, 2003, the Attorney General
shall establish guidelines, policies, and procedures for the
investigation and prosecution of identity theft.  Local law
enforcement agencies shall use these guidelines to handle identity
theft cases.
   (b) One year following implementation of guidelines for the
investigation and prosecution of identity theft pursuant to
subdivision (a), but no later than July 14, 2004, the Attorney
General shall publish on the official Office of the Attorney General
Web site, the number of identity thefts reported and the number of
prosecutions pursued statewide each quarter.   read:
   666.  Every person who, having been convicted of petty theft,
grand theft, auto theft under Section 10851 of the Vehicle Code,
burglary, carjacking, robbery, or a felony violation of Section 496
and having served a term therefor in any penal institution or having
been imprisoned therein as a condition of probation for that offense,
is subsequently convicted of petty theft is punishable by
imprisonment in a county jail for a period not exceeding one year, or
in the state prison.