BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1219|
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THIRD READING
Bill No: AB 1219
Author: Simitian (D), et al
Amended: 8/19/02 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 8/6/02
AYES: McPherson, Burton, Margett, Vasconcellos
ASSEMBLY FLOOR : Not relevant
SUBJECT : Identity theft
SOURCE : Author
DIGEST : This bill establishes procedures for a victim of
identity theft to initial an investigation by a law
enforcement agency or to move for an expedited judicial
determination that an identity theft has occurred.
ANALYSIS : Existing law sets forth specified procedures
for initiating a law enforcement investigation and/or for
petitioning the court for an expedited judicial
determination in cases where a person reasonably believes,
learns, or suspects that his or her personal identifying
information has been unlawfully used by another.
This bill would authorize a court, on its own motion or
upon application of the prosecuting attorney, to move on
its own for an expedited judicial determination if the
perpetrator was cited for a crime under the victim's
identity or where a criminal complaint has been filed
CONTINUED
AB 1219
Page
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against the perpetrator in the victim's name.
The bill provides that after a court has issued a
determination of factual innocence pursuant to this
section, the court may order the name and associated
personal identifying information contained in court
records, files, and indexes accessible by the public
deleted, sealed, or labeled to show that the data is
impersonated and does not reflect the defendant's identity.
A court that has issued a determination of factual
innocence pursuant to this section may at any time vacate
that determination if the petition, or any information
submitted in support of the petition, is found to contain
any material misrepresentation or fraud.
The bill requires the Judicial Council of California to
develop a form for use in issuing an order pursuant to the
provision of this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Unable to reverify at time of this writing)
California District Attorneys Association
RJG:jk 8/17/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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