BILL NUMBER: AB 245	CHAPTERED  10/04/01

	CHAPTER  478
	FILED WITH SECRETARY OF STATE  OCTOBER 4, 2001
	APPROVED BY GOVERNOR  OCTOBER 3, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	AMENDED IN SENATE  JULY 12, 2001
	AMENDED IN ASSEMBLY  MAY 1, 2001
	AMENDED IN ASSEMBLY  APRIL 5, 2001

INTRODUCED BY   Assembly Member Wyland

                        FEBRUARY 14, 2001

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 245, Wyland.  Identity theft.
   Existing law provides that every person who willfully obtains
personal identifying information about another person without that
person's consent 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, a fine not to exceed $1,000, or both, or by
imprisonment in the state prison, a fine not to exceed $10,000, or
both.
   This bill would eliminate the requirement that the person who uses
another person's personal identifying information for an unlawful
purpose obtain that information without the person's consent.  This
bill would therefore make it a crime to use another person's personal
identifying information for an unlawful purpose, regardless of
whether the information was obtained without the person's consent.
By expanding the scope of an existing crime, this bill imposes 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.


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, 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.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.