BILL NUMBER: AB 215	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leslie

                        JANUARY 29, 2003

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 215, as introduced, Leslie.  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 offense to include persons who
willfully obtain personal identifying information, as defined, with
the intent to use the information for any unlawful purpose.
   By expanding the scope of an existing crime, this bill 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 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   with the intent to use that
information, or who  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.  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.