BILL NUMBER: SB 684 CHAPTERED
BILL TEXT
CHAPTER 534
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2003
APPROVED BY GOVERNOR SEPTEMBER 24, 2003
PASSED THE SENATE AUGUST 28, 2003
PASSED THE ASSEMBLY AUGUST 25, 2003
AMENDED IN ASSEMBLY AUGUST 18, 2003
AMENDED IN SENATE MAY 1, 2003
AMENDED IN SENATE APRIL 21, 2003
INTRODUCED BY Senator Alpert
(Coauthors: Assembly Members Pavley, Vargas, and Wiggins)
FEBRUARY 21, 2003
An act to amend Section 530.8 of the Penal Code, relating to
identity theft.
LEGISLATIVE COUNSEL'S DIGEST
SB 684, Alpert. Identify theft: application.
Existing law provides that any person, upon discovering that in
the person's name an unauthorized individual has made an application
for certain services or has opened certain accounts, is entitled to
receive the identifying information that was used by the unauthorized
individual to apply for any service or open any account, upon the
presentation of a copy of a police report and identifying
information.
This bill would add applications and accounts regarding mail
receiving or forwarding services and office or desk space rental
services to the applications and accounts covered by these
provisions. This bill would define "application" for the purposes of
this provision to mean a new application for credit or service, the
addition of authorized users to an existing account, the renewal of
an existing account, or any other changes made to an existing
account.
This bill would incorporate additional changes in Section 530.8 of
the Penal Code proposed by SB 602, that would become operative only
if SB 602 and this bill are both chaptered and become effective
January 1, 2004, and this bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 530.8 of the Penal Code is amended to read:
530.8. (a) If a person discovers that an application in his or
her name for a loan, credit line or account, credit card, charge
card, public utility service, mail receiving or forwarding service,
office or desk space rental service, or commercial mobile radio
service has been filed with any person or entity by an unauthorized
person, or that an account in his or her name has been opened with a
bank, trust company, savings association, credit union, public
utility, mail receiving or forwarding service, office or desk space
rental service, or commercial mobile radio service provider by an
unauthorized person, then, upon presenting to the person or entity
with which the application was filed or the account was opened a copy
of a police report prepared pursuant to Section 530.6 and
identifying information in the categories of information that the
unauthorized person used to complete the application or to open the
account, the person, or a law enforcement officer specified by the
person, shall be entitled to receive information related to the
application or account, including a copy of the unauthorized person's
application or application information and a record of transactions
or charges associated with the application or account. Upon request
by the person in whose name the application was filed or in whose
name the account was opened, the person or entity with which the
application was filed shall inform him or her of the categories of
identifying information that the unauthorized person used to complete
the application or to open the account. The person or entity with
which the application was filed or the account was opened shall
provide copies of all paper records, records of telephone
applications or authorizations, or records of electronic applications
or authorizations required by this section, without charge, within
10 business days of receipt of the person's request and submission of
the required copy of the police report and identifying information.
(b) Any request made pursuant to subdivision (a) to a person or
entity subject to the provisions of Section 2891 of the Public
Utilities Code shall be in writing and the requesting person shall be
deemed to be the subscriber for purposes of that section.
(c) (1) Before a person or entity provides copies to a law
enforcement officer pursuant to subdivision (a), the person or entity
may require the requesting person to submit a signed and dated
statement by which the requesting person does all of the following:
(A) Authorizes disclosure for a stated period.
(B) Specifies the name of the agency or department to which the
disclosure is authorized.
(C) Identifies the types of records that the requesting person
authorizes to be disclosed.
(2) The person or entity shall include in the statement to be
signed by the requesting person a notice that the requesting person
has the right at any time to revoke the authorization.
(d) For the purposes of this section, the following terms have the
following meanings:
(1) "Application" means a new application for credit or service,
the addition of authorized users to an existing account, the renewal
of an existing, or any other changes made to an existing account.
(2) "Commercial mobile radio service" means "commercial mobile
radio service" as defined in Section 20.3 of Title 47 of the Code of
Federal Regulations.
(3) "Law enforcement officer" means a peace officer as defined by
Section 830.1.
SEC. 2. Section 530.8 of the Penal Code is amended to read:
530.8. (a) If a person discovers that an application in his or
her name for a loan, credit line or account, credit card, charge
card, public utility service, mail receiving or forwarding service,
office or desk space rental service, or commercial mobile radio
service has been filed with any person or entity by an unauthorized
person, or that an account in his or her name has been opened with a
bank, trust company, savings association, credit union, public
utility, mail receiving or forwarding service, office or desk space
rental service, or commercial mobile radio service provider by an
unauthorized person, then, upon presenting to the person or entity
with which the application was filed or the account was opened a copy
of a police report prepared pursuant to Section 530.6 and
identifying information in the categories of information that the
unauthorized person used to complete the application or to open the
account, the person, or a law enforcement officer specified by the
person, shall be entitled to receive information related to the
application or account, including a copy of the unauthorized person's
application or application information and a record of transactions
or charges associated with the application or account. Upon request
by the person in whose name the application was filed or in whose
name the account was opened, the person or entity with which the
application was filed shall inform him or her of the categories of
identifying information that the unauthorized person used to complete
the application or to open the account. The person or entity with
which the application was filed or the account was opened shall
provide copies of all paper records, records of telephone
applications or authorizations, or records of electronic applications
or authorizations required by this section, without charge, within
10 business days of receipt of the person's request and submission of
the required copy of the police report and identifying information.
(b) Any request made pursuant to subdivision (a) to a person or
entity subject to the provisions of Section 2891 of the Public
Utilities Code shall be in writing and the requesting person shall be
deemed to be the subscriber for purposes of that section.
(c) (1) Before a person or entity provides copies to a law
enforcement officer pursuant to subdivision (a), the person or entity
may require the requesting person to submit a signed and dated
statement by which the requesting person does all of the following:
(A) Authorizes disclosure for a stated period.
(B) Specifies the name of the agency or department to which the
disclosure is authorized.
(C) Identifies the types of records that the requesting person
authorizes to be disclosed.
(2) The person or entity shall include in the statement to be
signed by the requesting person a notice that the requesting person
has the right at any time to revoke the authorization.
(d) (1) A failure to produce records pursuant to subdivision (a)
shall be addressed by the court in the jurisdiction in which the
victim resides or in which the request for information was issued.
At the victim's request, the Attorney General, the district attorney,
or the prosecuting city attorney may file a petition to compel the
attendance of the person or entity in possession of the records, as
described in subdivision (a), and order the production of the
requested records to the court. The petition shall contain a
declaration from the victim stating when the request for information
was made, that the information requested was not provided, and what
response, if any, was made by the person or entity. The petition
shall also contain copies of the police report prepared pursuant to
Section 530.6 and the request for information made pursuant to this
section upon the person or entity in possession of the records, as
described in subdivision (a), and these two documents shall be kept
confidential by the court. The petition and copies of the police
report and the application shall be served upon the person or entity
in possession of the records, as described in subdivision (a). The
court shall hold a hearing on the petition no later than 10 court
days after the petition is served and filed. The court shall order
the release of records to the victim as required pursuant to this
section.
(2) In addition to any other civil remedy available, the victim
may bring a civil action against the entity for damages, injunctive
relief or other equitable relief, and a penalty of one hundred
dollars ($100) per day of noncompliance, plus reasonable attorneys'
fees.
(e) For the purposes of this section, the following terms have the
following meanings:
(1) "Application" means a new application for credit or service,
the addition of authorized users to an existing account, the renewal
of an existing account, or any other changes made to an existing
account.
(2) "Commercial mobile radio service" means "commercial mobile
radio service" as defined in section 20.3 of Title 47 of the Code of
Federal Regulations.
(3) "Law enforcement officer" means a peace officer as defined by
Section 830.1.
SEC. 3. Section 2 of this bill incorporates amendments to Section
530.8 of the Penal Code proposed by both this bill and SB 602. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2004, (2) each bill amends Section
530.8 of the Penal Code, and (3) this bill is enacted after SB 602,
in which case Section 1 of this bill shall not become operative.