BILL NUMBER: AB 1219	CHAPTERED  09/25/02

	CHAPTER  851
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2002
	PASSED THE ASSEMBLY  AUGUST 22, 2002
	PASSED THE SENATE  AUGUST 20, 2002
	AMENDED IN SENATE  AUGUST 19, 2002
	AMENDED IN SENATE  JUNE 25, 2002
	AMENDED IN ASSEMBLY  MAY 24, 2001
	AMENDED IN ASSEMBLY  MAY 10, 2001
	AMENDED IN ASSEMBLY  APRIL 5, 2001

INTRODUCED BY   Assembly Member Simitian
   (Principal coauthors:  Assembly Members Frommer and Pescetti)

                        FEBRUARY 23, 2001

   An act to amend Section 530.6 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1219, Simitian.  Criminal procedure:  identity.
   Existing law authorizes a person who reasonably believes that he
or she is a victim of identity theft to petition a court for an
expedited judicial determination of his or her factual innocence,
where the perpetrator of the identity theft was arrested for or
convicted of a crime under the victim's identity or where the victim'
s identity has been mistakenly associated with a record of criminal
conviction.  Existing law provides that a judicial determination of
factual innocence may be heard and determined upon material,
relevant, and reliable information submitted by the parties.
Existing law requires a court that determines the petitioner is
factually innocent to issue an order certifying the determination of
factual innocence.
   This bill would authorize the alleged victim of identity theft to
petition for, or the court, on its own motion or upon application of
the prosecuting attorney, to move for, an expedited judicial
determination of the factual innocence of an alleged victim of
identity theft, where the perpetrator of the identity theft was
arrested for, cited for, or convicted of a crime under the victim's
identity, or where a criminal complaint has been filed against the
perpetrator in the victim's name, or where the victim's identity has
been mistakenly associated with a record of criminal conviction.
This bill would also increase the sources upon which a determination
of factual innocence may be made to include material, relevant, and
reliable information ordered to be part of the record by the court.
This bill would authorize the court that has issued a finding of
factual innocence to order the name and associated personal
identifying information contained in court records, files, and
indexes accessible by the public deleted, sealed, or labeled to show
that the data is impersonated and does not reflect the defendant's
identity.


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


  SECTION 1.  Section 530.6 of the Penal Code is amended to read:
   530.6.  (a) A person who has learned or reasonably suspects that
his or her personal identifying information has been unlawfully used
by another, as described in subdivision (a) of Section 530.5, may
initiate a law enforcement investigation by contacting the local law
enforcement agency that has jurisdiction over his or her actual
residence, which shall take a police report of the matter, provide
the complainant with a copy of that report, and begin an
investigation of the facts or, if the suspected crime was committed
in a different jurisdiction, refer the matter to the law enforcement
agency where the suspected crime was committed for an investigation
of the facts.
   (b) A person who reasonably believes that he or she is the victim
of identity theft may petition a court, or the court, on its own
motion or upon application of the prosecuting attorney, may move, for
an expedited judicial determination of his or her factual innocence,
where the perpetrator of the identity theft was arrested for, cited
for, or convicted of a crime under the victim's identity, or where a
criminal complaint has been filed against the perpetrator in the
victim's name, or where the victim's identity has been mistakenly
associated with a record of criminal conviction.  Any judicial
determination of factual innocence made pursuant to this section may
be heard and determined upon declarations, affidavits, police
reports, or other material, relevant, and reliable information
submitted by the parties or ordered to be part of the record by the
court.  Where the court determines that the petition or motion is
meritorious and that there is no reasonable cause to believe that the
victim committed the offense for which the perpetrator of the
identity theft was arrested, cited, convicted, or subject to a
criminal complaint in the victim's name, or that the victim's
identity has been mistakenly associated with a record of criminal
conviction, the court shall find the victim factually innocent of
that offense.  If the victim is found factually innocent, the court
shall issue an order certifying this determination.
   (c) After a court has issued a determination of factual innocence
pursuant to this section, the court may order the name and associated
personal identifying information contained in court records, files,
and indexes accessible by the public deleted, sealed, or labeled to
show that the data is impersonated and does not reflect the defendant'
s identity.
   (d) A court that has issued a determination of factual innocence
pursuant to this section may at any time vacate that determination if
the petition, or any information submitted in support of the
petition, is found to contain any material misrepresentation or
fraud.
   (e) The Judicial Council of California shall develop a form for
use in issuing an order pursuant to this section.