BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 208|
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THIRD READING
Bill No: SB 208
Author: Alquist (D)
Amended: 4/14/11
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/12/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SUBJECT : Identity theft and restitution
SOURCE : Attorney General
DIGEST : This bill specifically provides that restitution
in an identity theft case shall include, for a reasonable
period of time, the costs of repairing the victim's credit
and monitoring the victim's credit report.
ANALYSIS : Existing law provides that it is an
alternative felony-misdemeanor for a person to willfully
obtain the personal identifying information of another
person and to use such information to obtain, or attempt to
obtain, credit, goods, or services in the name of the other
person without consent. (Penal Code �PEN] Section 530.5,
subd. (a))
Existing law provides 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
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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. (PEN Section 530.5,
subd. (b)(3))
Existing law provides 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. Further, 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. (PEN Section 530.5,
subd. (d))
The California Constitution provides that all persons who
suffer losses as a result of criminal activity shall have
the right to restitution from the perpetrators of these
crimes. Restitution shall be ordered in every case unless
compelling and extraordinary reasons exist to the contrary.
(California Constitution Article 1 Section 28(b))
Existing law directs the court to order full restitution
for the losses caused by the defendant's crime unless the
court finds and states compelling and extraordinary reasons
for not doing so. (PEN Section 1202.4, subd. (f))
Existing decisional law provides that restitution must be
determined from the losses actually caused by the
defendant's crime. ( People v. Lyon (1996) 49 Cal.App.4th
1521.) With the exception of lewd conduct cases,
compensable losses are limited to economic losses. ( People
v. Giordano (2007) 42 Cal.4th 644)
Existing decisional law provides that the restitution
"ensures that amends . . . be made to society for the
breach of the law, enables people who suffer loss as a
result of criminal activity �to] be compensated ? acts as a
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deterrent to future criminality . . . and to rehabilitate
the criminal." ( People v. Crow (1993) 6 Cal.4th 952, 958,
internal quotation marks omitted.) Restitution orders in
probation cases can be somewhat broader than in cases where
probation is denied. ( People v. Giordano , supra, 42
Cal.4th 644, 653; PEN Section 1203.1)
Existing law provides that restitution orders are
enforceable as a civil judgment - to ensure that a victim
of a crime who incurs any economic loss shall receive
restitution directly from any defendant convicted of that
crime. If a restitution order is made, the defendant has
the right to a hearing before the court to dispute the
determination of the amount of the order. A restitution
order may be modified upon motion of the district attorney,
the victim or victims, or the defendant. (PEN Section
1202.4, subds. (f) and (i))
Existing law provides that a restitution order shall be
prepared by the court and identify each victim and each
loss. (PEN Section 1202.4, subd. (f)(3))
Existing law provides that "when the economic losses of a
victim cannot be ascertained at the time of sentencing
pursuant to subdivision (f) of Section 1202.4, the court
shall retain jurisdiction over a person subject to a
restitution order for purposes of imposing or modifying
restitution until such time as the losses may be
determined." (PEN Section 1202.46, subd. (f))
This bill provides that restitution shall include "expenses
for a period of time reasonably 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."
Prior Legislation
SB 1087 (Alquist) - Chapter 107, Statutes of 2010
SB 432 (Runner) - Chapter 49, Statutes of 2009
AB 2928 (Spitzer) - Chapter 752, Statutes of 2008
SB 612 (Simitian) - Chapter 47, Statutes of 2008
AB 367 (De Le�n) - Chapter 132, Statutes of 2007
AB 1505 (La Suer) - Chapter 555, Statutes of 2006
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SB 246 (Escutia) - Chapter 380, Statutes of 2004
AB 1773 (Wayne) - Chapter 908, Statutes of 2002
SB 1254 (Alpert) - Chapter 254, Statutes of 2002
SB 245 (Wyland) - Chapter 478, Statutes of 2001
SB 125 (Alpert) - Chapter 493, Statutes of 2001
SB 168 (Bowen) - Chapter 720, Statutes of 2001
AB 1897 (Davis) - Chapter 956, Statutes of 2000
AB 1862 (Torlakson) - Chapter 632, Statutes of 2000
AB 156 (Murray) - Chapter 768, Statutes of 1997
AB 3343 (Hannigan) - Chapter 1242, Statutes of 1994
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/26/11)
Attorney General (source)
American Federation of State County and Municipal Employees
Association for Los Angeles Deputy Sheriffs
California Bankers Association
California Chamber of Commerce
California Retailers Association
Consumer Federation of California
CoreLogic
First American Corporation
Los Angeles County Probation Officers Union
Personal Insurance Federation of California
Reed Elsevier, Inc.
Riverside Sheriffs' Association
TransUnion
UCSB, Inc.
ARGUMENTS IN SUPPORT : According to the author:
"Every year more Californians become victims of identity
theft. With changes in technology, increasing amounts of
personal identifying information available
electronically, and a souring economy, identity theft has
become lucrative and sophisticated crime. We have more
victims and more extensive victimization.
"Victims of identity theft often suffer for years.
Victims' information is distributed for use among many
identity thieves. Even where the initial criminal is
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caught, victimization may not end. Victims must monitor
and correct their credit histories for years after the
crime occurred.
"Victims deserve to have a specific right to restitution
for credit monitoring and repair. Restitution for credit
repair costs and credit monitoring for a reasonable
period of time necessary to make the victim whole should
be mandated as part of restitution to all identity theft
victims."
RJG:kc 4/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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