BILL NUMBER: AB 46	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 22, 2003

INTRODUCED BY   Assembly Member Simitian

                        DECEMBER 2, 2002

   An act to add Section 1798.86 to the Civil Code, and to amend
Section 530.5 of, and to add Section 667.13 to, the Penal Code,
relating to identity theft.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 46, as amended, Simitian.  Identity theft.
   Existing law prohibits any person or entity, not including a state
or local agency, from using an individual's social security number
in specified ways, including posting it publicly or requiring it for
access to products or services.  Existing law provides specified
exceptions from the above provisions.
   This bill would, in addition, prohibit any university or college
located in California from using a social security number as a
student identifier and would prohibit any employer from requiring an
employee to use his or her social security number for any purpose
other than taxes.
   Existing law makes every person who willfully obtains personal
identifying information of another person, and uses that information
for any unlawful purpose, guilty of a misdemeanor or a felony.
   This bill would make it a misdemeanor for an adult relative,
parent, or guardian of a minor to sell, give, or distribute personal
identifying information of a minor, with the knowledge that the
information will be used in violation of the above provision relating
to unlawful use of personal identifying information.
   Existing law makes it a crime to falsely personate a person so as
to do any an act that would render the person impersonated liable for
a suit or prosecution.
   The bill would create a one-year enhancement for any person who
commits false personation in those circumstances, or who unlawfully
uses personal identifying information, against a person who is under
18 years of age at the time the crime was committed and the victim's
age is known or reasonably should have been known to the person
committing the crime.  Additionally, if the person who commits the
crime is an adult relative, parent, or guardian of the victim, or
someone who was provided identifying information from a relative,
parent or guardian of the victim, the person committing the crime
would receive an additional one-year enhancement for each violation.
Because this bill would create a new crime and create a new
enhancement, it 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:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Section 1798.86 is added to the Civil Code, to read:
   1798.86.  In addition to Section 1798.85, the following
restrictions on the use of social security numbers shall apply:
   (a) No university or college located in California may use a
social security number as a student identifier.
   (b) No employer may require an employee to use his or her social
security number for any purpose other than taxes.  
  SEC. 2.  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.
   (d) An adult relative, parent, or guardian of a minor who sells,
gives, or distributes personal identifying information of a minor,
with the knowledge that the information will be used in violation of
subdivision (a), shall be punished 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.   
  SEC. 2.  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.  
   (e) An adult relative, parent, or guardian of a minor who sells,
gives, or distributes personal identifying information of a minor,
with the knowledge that the information will be used in violation of
subdivision (a), shall be punished 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. 
  SEC. 3.  Section 667.13 is added to the Penal Code, to read:
   667.13.  (a) Any person who commits false personation as defined
in paragraph (3) of Section 529 or identity theft as defined in
Section 530.5 against a person who is under 18 years of age and the
victim's age is known or reasonably should have been known to the
person committing the crime, shall receive a one-year enhancement for
each violation.
   (b) If the person who commits the crime under subdivision (a) is
an adult relative, parent, or guardian of the victim, or someone who
was provided identifying information from a relative, parent, or
guardian of the victim, the person committing the crime shall receive
an additional one-year enhancement for each violation in addition to
the enhancement in subdivision (a).
  SEC. 4.  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.