BILL ANALYSIS
AB 1219
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1219 (Simitian)
As Amended August 19, 2002
Majority vote
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|ASSEMBLY: | |(June 7, 2002) |SENATE: |34-0 |(August 20, |
| | | | | |2002) |
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(vote not relevant)
Original Committee Reference: PUB. S.
SUMMARY : Establishes procedures for a victim of identity theft
to initiate an investigation by a law enforcement agency or to
move for an expedited judicial determination that an identity
theft has occurred.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)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 against the perpetrator in the
victim's name.
2)Provide 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.
3)Provide that 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.
4)Require the Judicial Council of California to develop a form
for use in issuing an order pursuant to the provision of this
bill.
AB 1219
Page 2
EXISTING LAW :
1)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.
2)Provides that it is an alternate 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.
3)Defines "personal identifying information" as the name,
address, telephone number, and driver's license number, social
security number, place of employment, employee identification
number, maiden name, demand deposit account number, savings
account number, mother's maiden name or credit card number of
an individual person.
AS PASSED BY THE ASSEMBLY , this bill prohibited the sale, loan,
or transfer of any pistol or revolver, commencing on January 1,
2006, unless that firearm includes an integrated safety device,
as specified, designed to prevent children and others from
discharging the firearm.
FISCAL EFFECT : None
COMMENTS : None
Analysis Prepared by :Fredericka McGee / PUB. S. / (916) 319-3744
FN: 0006702