BILL NUMBER: AB 326	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2007
	AMENDED IN ASSEMBLY  MARCH 22, 2007

INTRODUCED BY   Assembly Member Benoit

                        FEBRUARY 13, 2007

   An act to amend Section 529 of, and to add  Sections
  Section  530.25 to, the Penal Code, relating to
identity theft.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 326, as amended, Benoit. Identity theft.
   Existing law provides that any person who falsely personates
another and does any act whereby, if done by the person falsely
personated, might make him or her liable to any suit or prosecution
is punishable by a fine not exceeding $10,000, by imprisonment in a
county jail for a period not exceeding one year, by imprisonment in
the state prison for 16 months, or 2 or 3 years, or by both  that
 fine and imprisonment.
   This bill would also  require a person described above, as
a condition of the crime, to have the intent to defraud, and would
 include any act that might make the person falsely
personated liable to arrest or a criminal charge. Because this bill
would change the definition of a crime, this bill would impose a
state-mandated local program.
    Existing law provides that it is unlawful for any person by means
of a Web page, electronic mail message, or otherwise through use of
the Internet, solicit, request, or take any action to induce another
person to provide identifying information by representing itself to
be a business without the authority or approval of the business.
   This bill would provide that engaging in that activity, defined as
"unlawful phishing," with the intent to defraud, is a crime
punishable by a fine not exceeding $1,000, imprisonment in a county
jail for a period not exceeding one year, or by both that fine and
imprisonment, or by a fine not exceeding $10,000, imprisonment in the
state prison, or by both that fine and imprisonment.
   Because this bill would create a new crime, 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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 529 of the Penal Code is amended to read:
   529.  Every person who  , with the intent to defraud,
 falsely personates another in either his or her private or
official capacity, and in that assumed character does any of the
following:
   (a) Becomes bail or surety for any party in any proceeding
whatever, before any court or officer authorized to take bail or
surety.
   (b) Verifies, publishes, acknowledges, or proves, in the name of
another person, any written instrument, with intent that the same may
be recorded, delivered, or used as true.
   (c) Does any other act whereby, if done by the person falsely
personated, he or she might become liable to any arrest, criminal
charge, suit or prosecution, or to pay any sum of money, or to incur
any charge, forfeiture, or penalty, or whereby any benefit might
accrue to the party personating, or to any other person.
   Is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail for a period not
exceeding one year, or by imprisonment in the state prison, or by
both  the   that  fine and imprisonment.
  SEC. 2.  Section 530.25 is added to the Penal Code, to read:
   530.25.  (a) Every person who engages in unlawful phishing, with
the intent to defraud, is guilty of a public offense, and upon
conviction therefor, shall be punished by a fine not to exceed one
thousand dollars ($1,000), imprisonment in a county jail not to
exceed one year, or by both that  imprisonment and fine
  fine and imprisonment  , or by a fine not to
exceed ten thousand dollars ($10,000), imprisonment in the state
prison for 16 months, or two or three years, or by both that fine and
imprisonment.
   (b) For purposes of this section "unlawful phishing" means the
activity defined in Section 22948.2 of the Business and Professions
Code.
   (c) Nothing in this section precludes prosecution under both this
section and Section 530.5, or any other provision of law.
  SEC. 3.  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.