BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1087|
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                                 THIRD READING


          Bill No:  SB 1087
          Author:   Alquist (D)
          Amended:  4/27/10
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/20/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright


           SUBJECT  :    Identity theft:  restitution

           SOURCE  :     San Francisco County District Attorney


           DIGEST  :    This bill provides that restitution in an  
          identity theft case shall include, for a period of time  
          reasonably necessary to make the victim whole, the cost of  
          repairing the victim's credit and monitoring the victim's  
          credit report.  

           ANALYSIS  :    Existing law establishes various offenses  
          relating to identity theft.  Existing law establishes a  
          procedure for purposes of imposing restitution obligations  
          on defendants, as specified.

          This bill provides that restitution shall include "expenses  
          for a period of time reasonable necessary to make the  
          victim whole, for the costs to monitor the credit report  
          of, and for the costs to repair the credit of, a victim of  
          identity theft, as defined in Section 530.5 [of the Penal  
          Code]." 
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                                                               SB 1087
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          2


           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  4/27/10)

          San Francisco County District Attorney (source)
          Association of California Insurance Companies
          California Chamber of Commerce
          California Land Title Association
          California Retailers Association
          San Bernardino County Sheriff's Department

           ARGUMENTS IN SUPPORT  :    Proponents state:

            "Identity theft contuse to top the Federal Trade  
            commission's (FTC) list of consumer complaints.   
            According to the FTC 8.1 million United States residents  
            were victims of identity theft in 2007 with a total cost  
            of about $45 billion.  Victims spend many hundreds of  
            hours and thousands of dollars clearing up their records  
            and their lives.  Businesses also suffer from identity  
            theft once when their name is stolen and used illegally  
            and again when their employees are victims subsequently  
            needing time off to clear up their personal records.

            "SB 1087 reinforces the importance of punishing identity  
            thieves and the seriousness of this crime.  We believe  
            that vigorous investigation, arrest, and prosecution of  
            identity thieves slows the growing threat of this crime  
            and removes these criminals from our streets."


          RJG:mw  4/28/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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