BILL NUMBER: AB 1772	CHAPTERED  07/22/03

	CHAPTER  90
	FILED WITH SECRETARY OF STATE  JULY 22, 2003
	APPROVED BY GOVERNOR  JULY 21, 2003
	PASSED THE SENATE  JULY 7, 2003
	PASSED THE ASSEMBLY  MAY 12, 2003

INTRODUCED BY   Committee on Banking and Finance (Wiggins (Chair),
Calderon, Chan, Chavez, Correa, Montanez, and Vargas)

                        MARCH 13, 2003

   An act to amend Section 530.8 of the Penal Code, relating to
identity theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1772, Committee on Banking and Finance.  Identity theft.
   Existing law provides that if a person discovers that an
unauthorized person has applied for certain services or opened
certain accounts, the person is entitled to receive the identifying
information that was used by the unauthorized person to apply for or
open the account or service and a record of transactions and charges
associated with the account or service upon 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.


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 forms and information 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) As used in this section, "law enforcement officer" means a
peace officer as defined by Section 830.1.
   (e) As used in this section, "commercial mobile radio service"
means "commercial mobile radio service" as defined in section 20.3 of
Title 47 of the Code of Federal Regulations.