BILL NUMBER: AB 2886 CHAPTERED
BILL TEXT
CHAPTER 522
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006
APPROVED BY GOVERNOR SEPTEMBER 28, 2006
PASSED THE ASSEMBLY AUGUST 31, 2006
PASSED THE SENATE AUGUST 30, 2006
AMENDED IN SENATE AUGUST 28, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN ASSEMBLY MAY 26, 2006
AMENDED IN ASSEMBLY MAY 1, 2006
INTRODUCED BY Assembly Members Frommer, Lieu, and Parra
(Coauthor: Senator Poochigian)
FEBRUARY 24, 2006
An act to amend Section 530.5 of, and to add Section 530.55 to the
Penal Code, relating to crime.
LEGISLATIVE COUNSEL'S DIGEST
AB 2886, Frommer Crime.
Existing law provides that every person who, with the intent to
defraud, acquires, transfers, or retains possession of the personal
identifying information of another person is guilty of a crime
punishable by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment.
This bill would instead provide that every person who, with the
intent to defraud, acquires or retains possession of the personal
identifying information of another person, and who has previously
been convicted of a violation of provisions proscribing identity
theft, or who, with the intent to defraud, acquires or retains
possession of the personal identifying information of 10 or more
other persons, shall be punished by a fine, by imprisonment in a
county jail not to exceed one year, or by both a fine and
imprisonment, or by imprisonment in the state prison. This bill would
also provide that any person who, with intent to defraud, sells,
transfers, or conveys the personal identifying information of another
person shall be punished by a fine, by imprisonment in a county jail
not to exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison. This bill would also provide that
any person who, with actual knowledge that the personal identifying
information of a specific person will be used in violation of
identity theft provisions who sells, transfers, or conveys that
personal identifying information shall be punished by a fine or by
both a fine and imprisonment, or by imprisonment in the state prison.
This bill would specify that, for purposes of these provisions,
"person" includes natural persons living and deceased, and
organizations, associations, business relationships and other legal
entities, expand the definition of "personal identifying information"
to include any form of identification equivalent to those already
listed, and make other conforming changes.
Because this bill would expand the definition of existing crimes
and create new crimes, it would impose a state-mandated local
program.
Existing federal law provides that mail theft is punishable by a
fine, imprisonment for a period not exceeding 5 years, or by both.
This bill would provide that mail theft, as defined, is punishable
by a fine, imprisonment in a county jail for a period not exceeding
one year, or by both a fine and imprisonment. Because this bill would
create new crimes, 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
"Personal Information Trafficking and Mail Theft Prevention Act."
SEC. 2. 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 Section
530.55, of another person, and uses that information for any unlawful
purpose, including to obtain, or attempt to obtain, credit, goods,
services, real property, or medical information without the consent
of that person, is guilty of a public offense, and upon conviction
therefor, shall be punished by a fine, by imprisonment in a county
jail not to exceed one year, or by both a fine and imprisonment, or
by imprisonment in the state prison.
(b) 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.
(c) (1) Every person who, with the intent to defraud, acquires, or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or both a fine and imprisonment.
(2) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person, and
who has previously been convicted of a violation of this section upon
conviction therefor shall be punished by a fine, by imprisonment in
a county jail not to exceed one year, or by both a fine and
imprisonment, or by imprisonment in the state prison.
(3) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of 10 or more other
persons is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
(d) (1) Every person who, with the intent to defraud, sells,
transfers, or conveys the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment, or by imprisonment in
the state prison.
(2) Every person who, with actual knowledge that the personal
identifying information, as defined in subdivision (b) of Section
530.55, of a specific person will be used to commit a violation of
subdivision (a), sells, transfers, or conveys that same personal
identifying information is guilty of a public offense, and upon
conviction therefor, shall be punished by a fine, by imprisonment in
the state prison, or by both fine and imprisonment.
(e) Every person who commits mail theft, as defined in Section
1705 of Title 18 of the United States Code, is guilty of a public
offense, and upon conviction therefor shall be punished by a fine, by
imprisonment in a county jail not to exceed one year, or by both a
fine and imprisonment. Prosecution under this subdivision shall not
limit or preclude prosecution under any other provision of law,
including, but not limited to subdivisions (a) to (c), inclusive, of
this section.
(f) An interactive computer service or access software provider,
as defined in subsection (f) of Section 230 of Title 47 of the United
States Code, shall not be liable under this section unless the
service or provider acquires, transfers, sells, conveys, or retains
possession of personal information with the intent to defraud.
SEC. 3. Section 530.55 is added to the Penal Code, to read:
530.55. (a) For purposes of this chapter, "person" means a
natural person, living or deceased, firm, association, organization,
partnership, business trust, company, corporation, limited liability
company, or public entity, or any other legal entity.
(b) For purposes of this chapter, "personal identifying
information" means
any name, address, telephone number, health insurance number,
taxpayer identification number, school identification number, state
or federal driver's license, or identification number, social
security number, place of employment, employee identification number,
professional or occupational 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,
voiceprint, retina or iris image, or other unique physical
representation, unique electronic data including information
identification number assigned to the person, 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, or an equivalent form of
identification.
SEC. 4. 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.