BILL NUMBER: SB 425	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 3, 2003
	AMENDED IN SENATE  MAY 1, 2003
	AMENDED IN SENATE  APRIL 22, 2003

INTRODUCED BY   Senator Poochigian

                        FEBRUARY 20, 2003

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 425, as amended, Poochigian.  Identity theft.
   Existing law specifies the offense of identity theft, and provides
punishment therefor.
   This  bill would, in addition, provide that any person
convicted of a violation of, or of a conspiracy to violate, those
provisions would receive, in addition to any other punishment
authorized by law, a consecutive 3-year term of imprisonment in the
state prison for each prior felony conviction of, or for each prior
felony conviction of conspiracy to violate, those provisions, whether
or not the prior conviction resulted in a term of imprisonment.  The
 bill would  clarify   specify 
that the acquisition, transfer, or retention of possession of
personal identifying information of each person in violation of those
provisions would be a separate and distinct offense.  
   By requiring local prosecutors to plead and prove the additional
enhancements, 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   no  . State-mandated local program:
 yes   no  .   


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, 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.  The acquisition, transfer, or retention of
possession of personal identifying information of each person in
violation of this subdivision is a separate and distinct offense.

   (e) (1) Any person convicted of a violation of, or of a conspiracy
to violate, this section, shall receive, in addition to any other
punishment authorized by law, including Section 667.5, a full,
separate, and consecutive three-year term for each prior felony
conviction of, or for each prior felony conviction of conspiracy to
violate, this section, whether or not the prior conviction resulted
in a term of imprisonment.
   (2) The enhancements provided for in this subdivision shall be
pleaded and proven as provided by law.
   (3) The conspiracy enhancements provided for in this subdivision
shall not be imposed unless the trier of fact finds that the
defendant conspirator was substantially involved in the planning,
direction, execution, or financing of the underlying offense.
   (4) Prior convictions from another jurisdiction, for an offense
that, if committed in California, would be an offense pursuant to
this section, qualify for use pursuant to this subdivision. 
  
  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.