BILL NUMBER: SB 1307	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 21, 2014

   An act to amend Section 530.5 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1307, as introduced, Wyland. Identity theft: fines.
   Existing law makes it a misdemeanor to acquire or retain, with the
intent to defraud, possession of the personal identifying
information of another person. Under existing law, a 2nd commission
of this offense and the commission of this crime against 10 or more
victims may be charged as either a misdemeanor or a felony. Existing
law makes it a crime, punishable as either a misdemeanor or a felony,
to sell, transfer, or convey the personal identifying information of
another with the intent to defraud. Existing law also makes it a
felony to sell personal information with the knowledge that it will
be used for an unlawful purpose.
   Under existing law a misdemeanor is punishable by a term of
imprisonment of not more than one year in county jail and, unless
otherwise provided, a fine not to exceed $1,000.
   This bill would specify that the fine for committing any of the
above crimes, other than acquiring or retaining possession of the
personal identifying information of 10 or more victims, if charged as
a misdemeanor, is not to exceed $5,000, and the fine for acquiring
or retaining possession of the personal identifying information of 10
or more victims, if charged as a misdemeanor, is not to exceed
$10,000.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 530.5 of the Penal Code is amended to read:
   530.5.  (a)  Every   A  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   an  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 pursuant to subdivision (h) of Section 1170.
   (b) In  any   a  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   A  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  not to exceed
five thousand dollars ($5,0   00)  , by imprisonment in
a county jail not to exceed one year, or by both  a
  that  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  not to
exceed five thousand dollars ($5,000)  , by imprisonment in a
county jail not to exceed one year, or by both  a 
 that  fine and imprisonment, or by imprisonment pursuant to
subdivision (h) of Section 1170.
   (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  not to exceed ten thousand dollars
($10,000)  , by imprisonment in a county jail not to exceed one
year, or by both  a   that  fine and
imprisonment, or by imprisonment pursuant to subdivision (h) of
Section 1170.
   (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  not to exceed five thousand dollars ($5,000)
 , by imprisonment in a county jail not to exceed one year, or
by both  a   that  fine and imprisonment,
or by imprisonment pursuant to subdivision (h) of Section 1170.
   (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  not to exceed
five thousand dollars ($5,000)  , by imprisonment pursuant to
subdivision (h) of Section 1170, or by both  a  
that  fine and imprisonment.
   (e) Every person who commits mail theft, as defined in Section
1708 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.