BILL NUMBER: AB 1826	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2004

INTRODUCED BY   Assembly Member Bogh

                        JANUARY 20, 2004

   An act to amend Section 530.5 of the Penal Code, relating to
professional and trade licenses.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1826, as amended, Bogh.  Professional and trade licenses.
   Existing law provides that every person who obtains personal
identifying information 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 punishable by either imprisonment in a county jail not
to exceed one year, a fine not to exceed $1,000, or both that
imprisonment and fine, or by imprisonment in the state prison, a fine
not to exceed $10,000, or both that imprisonment and fine.
   This bill would  provide that it is a public offense
punishable by either imprisonment in a county jail for a period not
to exceed one year, a fine not exceeding $1,000, or by both that
imprisonment and fine, or by imprisonment in the state prison for 2,
3, or 4 years, a fine not exceeding $10,000, or by both that
imprisonment and fine, to obtain the   expand the
definition of personal identifying information to include a 
professional or trade license number, as defined  , of
another person and to use it for any unlawful purpose, including to
obtain credit, goods, services, or medical information, or to
provide, or to attempt to provide professional services in the name
of that person without his or her consent  .
   Because this bill would  create a new crime, 
 change the definition of a crime and require local agencies to
perform additional services,  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.    
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
   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 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,  professional or trade license 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)  Every person who willfully obtains the professional
or trade license number issued by any state within the United States,
or by the United States, as defined in subdivision (f), of another
person, and uses that number for any unlawful purpose, including to
obtain, or attempt to obtain credit, goods, services, or medical
information, or to provide, or attempt to provide, professional
services in the name of the 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 for a
period 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 for two, three, or four years, a
fine not to exceed ten thousand dollars ($10,000), or both that
imprisonment and fine.
   (f)  As used in this section, "professional or trade
license number" means the unique number issued to a natural person by
any  state or federal  governmental agency, board,
organization, or  other  licensing authority
required for the purpose of lawfully practicing a profession or
trade.   
  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.   
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs  that may be incurred by a local agency or school
district because in that regard 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.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.