BILL NUMBER: AB 1862	CHAPTERED  09/26/00

	CHAPTER   631
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   MARCH 27, 2000

INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 10, 2000

   An act to add Section 530.7 to the Penal Code, relating to
identity theft.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1862, Torlakson.  Identity theft:  data base.
   Existing law provides that every person who willfully obtains
personal identifying information, as defined, of another person
without the authorization of that person, and uses that information
for any unlawful purpose, including to obtain or attempt to obtain
credit, goods, services, or medical information in the name of the
other person without the consent of that person is guilty of a public
offense and shall be punished either by imprisonment in a county
jail not to exceed one year, a fine not to exceed $1,000, or both, or
by imprisonment in the state prison, a fine not to exceed $10,000,
or both.
   This bill would provide that a victim of identity theft may submit
a court order obtained pursuant to any provision of law, along with
fingerprints and other prescribed information to the Department of
Justice.  The bill would require the department to verify this
information against information maintained by the Department of Motor
Vehicles.  The bill would require the Department of Justice to
establish and maintain a data base to record information concerning
victims of criminal identity theft and to allow criminal justice
agencies, the victim, and other individuals and agencies authorized
by the victim to access the data base, as specified.  This bill would
also require the Department of Justice to establish and maintain a
toll free number to provide access to this information.  The bill
would provide that these provisions would become operative September
1, 2001.


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


  SECTION 1.  Section 530.7 is added to the Penal Code, to read:
   530.7.  (a) In order for a victim of identity theft to be included
in the data base established pursuant to subdivision (c), he or she
shall submit to the Department of Justice a court order obtained
pursuant to any provision of law a full set of fingerprints, and any
other information prescribed by the department.
   (b) Upon receiving information pursuant to subdivision (a), the
Department of Justice shall verify the identity of the victim against
any drivers license or other identification record maintained by the
Department of Motor Vehicles.
   (c) The Department of Justice shall establish and maintain a data
base of individuals who have been victims of identity theft.  The
department shall provide a victim of identity theft or his or her
authorized representative access to the data base in order to
establish that the individual has been a victim of identity theft.
Access to the data base shall be limited to criminal justice
agencies, victims of identity theft, and individuals and agencies
authorized by the victims.
   (d) The Department of Justice shall establish and maintain a toll
free number to provide access to information under subdivision (c).
   (e) This section shall be operative September 1, 2001.