BILL NUMBER: SB 1254 CHAPTERED
BILL TEXT
CHAPTER 254
FILED WITH SECRETARY OF STATE AUGUST 26, 2002
APPROVED BY GOVERNOR AUGUST 24, 2002
PASSED THE SENATE AUGUST 8, 2002
PASSED THE ASSEMBLY JULY 3, 2002
AMENDED IN ASSEMBLY JUNE 28, 2002
AMENDED IN ASSEMBLY JUNE 4, 2002
AMENDED IN SENATE APRIL 23, 2002
AMENDED IN SENATE APRIL 9, 2002
AMENDED IN SENATE MARCH 11, 2002
AMENDED IN SENATE FEBRUARY 12, 2002
INTRODUCED BY Senator Alpert
JANUARY 9, 2002
An act to amend Sections 530.5 and 530.8 of the Penal Code,
relating to identity theft.
LEGISLATIVE COUNSEL'S DIGEST
SB 1254, Alpert. Identity theft.
Existing law provides that every person who willfully obtains
personal identifying information about another person, as defined,
and uses that information for any unlawful purpose is guilty of a
crime punishable by imprisonment in a county jail not to exceed one
year, or a fine not to exceed $1,000, or both, or by imprisonment in
the state prison, or a fine not to exceed $10,000, or both.
This bill would expand the definition of "personal identifying
information" to include other identification numbers and other
specified information.
By expanding the scope of an existing crime, this bill imposes a
state-mandated local program.
This bill would also provide that every person who, with the
intent to defraud, acquires, transfers, or retains possession of the
personal identifying information, as defined, of another person, is
guilty of a crime punishable by imprisonment in the county jail not
exceeding a year, a fine not exceeding $1,000, or by both that
imprisonment and fine.
By creating a new crime, this bill would impose a state-mandated
local program.
Existing law provides that if a person discovers that an
unauthorized person has applied for certain services or opened
certain accounts, the person is entitled to receive the identifying
information that was used by the unauthorized person to apply for or
open the account or service upon presentation of a copy of a police
report and identifying information.
This bill would add applications and accounts regarding
commercial mobile radio services, as defined, to the applications and
accounts covered by these provisions. It would require that a
request for identifying information be made in writing when made to a
telephone or telegraph corporation, as specified.
The bill would require the person or entity with which the
application was filed or the account opened to provide the
information and copies of all forms, without charge, within 10
business days.
The bill would also require the person or entity with which the
application was filed or the account opened to provide the
information and copies to a law enforcement officer specified by the
person in whose name the application was filed or the account opened.
It would allow the person or entity to require a signed and dated
statement, as specified, from the requesting person.
This bill would also make clarifying changes to these provisions.
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.
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.
SEC. 2. Section 530.8 of the Penal Code is amended to read:
530.8. (a) If a person discovers that an application in his or
her name for a loan, credit line or account, credit card, charge
card, public utility service, or commercial mobile radio service has
been filed with any person or entity by an unauthorized person, or
that an account in his or her name has been opened with a bank, trust
company, savings association, credit union, public utility, or
commercial mobile radio service provider by an unauthorized person,
then, upon presenting to the person or entity with which the
application was filed or the account was opened a copy of a police
report prepared pursuant to Section 530.6 and identifying information
in the categories of information that the unauthorized person used
to complete the application or to open the account, the person, or a
law enforcement officer specified by the person, shall be entitled to
receive information related to the application or account, including
a copy of the unauthorized person's application or application
information and a record of transactions or charges associated with
the application or account. Upon request by the person in whose name
the application was filed or in whose name the account was opened,
the person or entity with which the application was filed shall
inform him or her of the categories of identifying information that
the unauthorized person used to complete the application or to open
the account. The person or entity with which the application was
filed or the account was opened shall provide copies of all forms and
information required by this section, without charge, within 10
business days of receipt of the person's request and submission of
the required copy of the police report and identifying information.
(b) Any request made pursuant to subdivision (a) to a person or
entity subject to the provisions of Section 2891 of the Public
Utilities Code shall be in writing and the requesting person shall be
deemed to be the subscriber for purposes of that section.
(c) (1) Before a person or entity provides copies to a law
enforcement officer pursuant to subdivision (a), the person or entity
may require the requesting person to submit a signed and dated
statement by which the requesting person does all of the following:
(A) Authorizes disclosure for a stated period.
(B) Specifies the name of the agency or department to which the
disclosure is authorized.
(C) Identifies the types of records that the requesting person
authorizes to be disclosed.
(2) The person or entity shall include in the statement to be
signed by the requesting person a notice that the requesting person
has the right at any time to revoke the authorization.
(d) As used in this section, "law enforcement officer" means a
peace officer as defined by Section 830.1 of the Penal Code.
(e) As used in this section, "commercial mobile radio service"
means "commercial mobile radio service" as defined in section 20.3 of
Title 47 of the Code of Federal Regulations.
SEC. 3. 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.