BILL NUMBER: SB 1495 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 27, 2006
INTRODUCED BY Senator Battin
FEBRUARY 23, 2006
An act to add Section 273i amend Section
530.5 of the Penal Code, relating to child abuse
identity theft .
LEGISLATIVE COUNSEL'S DIGEST
SB 1495, as amended, Battin Child abuse
Identity theft : financial crimes.
Existing law makes it a crime to willfully obtain and
use the personal identifying information of another person for
unlawful purposes, without the consent of the victim ,
punishable by a fine not to exceed $1,000, imprisonment in a county
jail not to exceed one year, or both that fine and imprisonment, or
by a fine not to exceed $10,000, imprisonment in the state prison for
16 months or 2 or 3 years, or both that fine and imprisonment
.
This bill would make it a crime for a parent or guardian
of a minor child to use the minor child's personal identifying
information for unlawful purposes provide that it is a
crime punishable by a fine not to exceed $1,000, imprisonment in a
county jail not to exceed one year, or both, or by a fine not to
exceed $10,000, imprisonment in the state prison for 2, 3, or 4
years, or both to willfully obtain the personal identifying
information of another person who is less than 18 years of
age if the victim's age was known, or should have been known to that
person, and to use that information for unlawful purposes without
the consent of the victim .
Because this bill would create a new crime, it would impose a
state mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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
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, voiceprint,
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 a person, or an equivalent form of identification.
(c) In Every person who
willfully obtains personal identifying information, as defined in
subdivision (b), of another person who is less than 18 years of age
if the victim's age was known, or should have been known to that
person, and uses that information for any unlawful purpose, including
to obtain, or attempt to ob tain, 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 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 for two, three or four
years, a fine not to exceed ten thousand dollars ($10,000), or both
that imprisonment and fine.
(d) 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)
(e) 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.
(e)
(f) 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 who is deployed to a location outside of the state 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 five hundred dollars ($1,500), or by both
that imprisonment and fine.
(f)
(g) For purposes of this section, "deployed"
means that the person has been ordered to serve temporary military
duty during a period when a presidential executive order specifies
that the United States is engaged in combat or homeland defense and
he or she is either a member of the armed forces, or is a member of
the armed forces reserve or the National Guard, who has been called
to active duty or active service. It does not include temporary duty
for the sole purpose of training or processing or a permanent change
of station.
(g)
(h) For purposes of this section, "person"
means a natural person, firm, association, organization, partnership,
business trust, company, corporation, limited liability company, or
public entity.
SECTION 1. Section 273i is added to the Penal
Code, to read:
273i. (a) Any parent or guardian of a minor child who uses
personal identifying information of the minor child for unlawful
purposes is guilty of a crime punishable by imprisonment in the
county jail not to exceed one year, or in the state prison, or by a
fine not to exceed ten thousand dollars ($10,000), or by both fine
and imprisonment.
(b) "Personal identifying information," as used in this section,
means the name, address, telephone number, driver's license number,
social security number, place of employment, employee identification
number, savings account number, or credit card number of the minor
child.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.