BILL NUMBER: AB 1036	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Koretz

                        FEBRUARY 22, 2005

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1036, as introduced, Koretz.   Identity theft.
   Existing law provides that every person who willfully obtains
personal identifying information about another person, as defined,
and uses that information for any unlawful purpose is guilty of a
crime punishable 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 make a technical, nonsubtantive change to these
provisions.
   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 person who willfully obtains personal
identifying information, as defined in subdivision (b), of another
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 upon conviction
therefor, shall be punished either by imprisonment in a county jail
 for a period  not to exceed one year, a fine not to exceed
one thousand dollars ($1,000), or both that imprisonment and fine, or
by imprisonment in the state prison, a fine not to exceed ten
thousand dollars ($10,000), or both that imprisonment and fine.(b)
"Personal identifying information," as used in this section, means
the name, address, telephone number, health insurance identification
number, taxpayer identification number, school identification number,
state or federal driver's license number, or identification number,
social security number, place of employment, employee identification
number, mother's maiden name, demand deposit account number, savings
account number, checking account number, PIN (personal identification
number) or password, alien registration number, government passport
number, date of birth, unique biometric data including fingerprint,
facial scan identifiers, voice print, retina or iris image, or other
unique physical representation, unique electronic data including
identification number, address, or routing code, telecommunication
identifying information or access device, information contained in a
birth or death certificate, or credit card number of an individual
person.
   (c) In any 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.
   (d) Every person who, with the intent to defraud, acquires,
transfers, or retains possession of the personal identifying
information, as defined in subdivision (b), of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by imprisonment in a county jail not to exceed one year, or
a fine not to exceed one thousand dollars ($1,000), or by both that
imprisonment and fine.