BILL NUMBER: AB 239	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bates

                        JANUARY 30, 2003

   An act to add Section 667.95 to the Penal Code, relating to
identity theft.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 239, as introduced, Bates.  Identity theft: minors:  sentence
enhancements.
   Existing law provides that every person who falsely personates
another and does any act that subjects the victim to certain
consequences, or obtains a benefit thereby, is punishable by a
specified fine, by imprisonment in a county jail not exceeding one
year or in the state prison for 16 months, or 2 or 3 years, or by
both the fine and imprisonment.
   Existing law provides that every person who willfully obtains
personal identifying information, as defined, of another person, and
uses that information for any unlawful purpose, is punishable by a
fine, as specified, by imprisonment in a county jail not to exceed
one year or in the state prison for 16 months, or 2 or 3 years, or by
both the fine and imprisonment.
   This bill would impose a one-year sentence enhancement for each
violation of these provisions if the victim was under 18 years of age
at the time of the offense and if the convicted person knew or
reasonably should have known that fact.
   The bill would also impose a one-year sentence enhancement, in
addition to the enhancement described above, for each violation of
these provisions if the person convicted is an adult relative or
guardian of the victim, or received identifying information about the
victim from an adult relative or guardian of the victim.
   Existing law provides that every person who, with intent to
defraud, transfers the personal identifying information of another
person, is punishable by a specified fine, by imprisonment in a
county jail not exceeding one year, or by both the fine and
imprisonment.
   This bill would impose a one-year sentence enhancement for each
violation of this provision if the victim was under 18 years of age
at the time the offense was committed and if the convicted person is
an adult relative or guardian of the victim.
   The bill would require that each enhancement be imposed in
addition and consecutive to the penalty otherwise applicable for the
offense.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.  Section 667.95 is added to the Penal Code, to read:
   667.95.  (a) If a person is convicted of an offense pursuant to
Section 529 or subdivision (a) of Section 530.5 against a victim who
was under 18 years of age at the time the offense was committed, and
the person knew or reasonably should have known that fact, the person
shall receive a one-year enhancement for each violation in addition
and consecutive to the penalty prescribed for the offense.
   (b) If a person is subject to the sentence enhancement described
in subdivision (a) and is an adult relative or guardian of the
victim, or received identifying information about the victim from an
adult relative or guardian of the victim, the person shall receive a
one-year enhancement for each violation in addition and consecutive
to any enhancement imposed under subdivision (a), and in addition and
consecutive to the penalty prescribed for the offense.
   (c) If a person is convicted of an offense pursuant to subdivision
(d) of Section 530.5 involving the transfer of personal identifying
information of a victim who was under 18 years of age at the time the
offense was committed, and if the person is an adult relative or
guardian of the victim, the person shall receive a one-year sentence
enhancement for each violation in addition and consecutive to the
penalty prescribed for the offense.