BILL NUMBER: AB 130 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2009
INTRODUCED BY Assembly Member Jeffries
JANUARY 20, 2009
An act to amend Section 530.5 of the Penal Code, relating
to identity theft Sections 102230, 102231, 103525,
103525.5, 103526, 103526.5, and 103527 of the Health and Safety Code,
relating to vital records .
LEGISLATIVE COUNSEL'S DIGEST
AB 130, as amended, Jeffries. Identity theft.
Vital records: marriage records.
(1) Existing law prescribes specified personal information to be
included on birth, death, and marriage certificates. Under existing
law, a certified copy of a birth or death record may only be supplied
by the State Registrar, local registrar, or county recorder to an
authorized person, as defined, who submits a statement sworn under
penalty of perjury that the applicant is an authorized person. If an
applicant for a birth or death record does not meet the requirements
for an authorized person, the State Registrar, local registrar, or
county recorder may only issue an informational certified copy of a
birth or death record that contains a legend stating "INFORMATIONAL,
NOT A VALID DOCUMENT TO ESTABLISH IDENTITY."
Existing law also requires that each certified copy of a birth or
death record contain specified information and be printed on
sensitized paper with specified features.
Existing law also requires an applicant for a certified copy of a
birth or death record to pay, in addition to other fees applicable to
the receipt of a copy of a birth or death record from the State
Registrar, local registrar or county recorder a fee of $1, to be used
for the development of safety and security measures to protect
against the fraudulent use of these records and defray the cost to
local officials of any required security measures.
This bill would also make these provisions applicable to a request
for a certified copy of a marriage record, and would make conforming
changes. By changing the definition of the crime of perjury, and by
imposing new duties on local officials, this bill would create a
state-mandated local program.
(2) Existing law requires the State Registrar to appoint a Vital
Records Protection Advisory Committee to study and make
recommendations to protect individual privacy, inhibit identity
theft, and prevent fraud involving birth and death certificates while
providing needed access to the information contained in those
records by persons seeking it for a legitimate purpose.
This bill would add marriage records to the list of vital records
under the committee's consideration for study and recommendations.
(3) Existing law requires the State Registrar to maintain
comprehensive indices of registered certificates. Under existing law,
comprehensive birth and death record indices, as prescribed, must be
kept confidential and are exempt from disclosure under the
California Public Records Act. Existing law also prohibits specified
uses of birth and death record files. Violation of these provisions
is a misdemeanor.
This bill would apply these provisions to comprehensive marriage
indices. By changing the definition of a crime, and by imposing new
duties on local officials, this bill would create a state-mandated
local program.
(4) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Existing law establishes various offenses in connection with the
unlawful acquisition or use of personal identifying information. Some
of these offenses are punishable only as misdemeanors, however most
may be prosecuted as misdemeanors or as felonies punishable by
imprisonment in the state prison for 16 months or 2 or 3 years.
This bill would provide that a 2nd or subsequent commission of any
of these offenses would be punishable by a fine, by imprisonment in
a county jail not to exceed one year, or by both a fine and
imprisonment, or by imprisonment in the state prison for 2, 3, or 4
years.
By providing that certain misdemeanors are punishable as a felony,
thereby increasing the duties of local prosecutors, this bill 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 102230 of the Health
and Safety Code is amended to read:
102230. (a) (1) The State Registrar shall arrange and permanently
preserve the certificates in a systematic manner and shall prepare
and maintain comprehensive and continuous indices of all certificates
registered.
(2) The birth and , death , and
marriage record indices prepared pursuant to paragraph (1) and
all comprehensive birth and , death
, and marriage record indices prepared or maintained by
local registrars and county recorders shall be kept confidential and
shall be exempt from disclosure under the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code).
(3) Notwithstanding paragraph (2), the State Registrar, at his or
her discretion, may release comprehensive birth and death record
indices to any government agency. Local registrars and county
recorders, when requested, shall release their comprehensive birth
and , death , and marriage
record indices to the State Registrar. A government agency that
obtains indices pursuant to this paragraph may
shall not sell or release the index or any portion of its
contents to any other person except as necessary for official
government business and shall not post the indices or any portion
thereof on the Internet.
(b) (1) The State Registrar shall prepare and maintain separate
noncomprehensive indices of all California birth and death records
for public release.
(2) For purposes of this section, noncomprehensive birth record
indices for public release shall be comprised of first, middle, and
last name, sex, date of birth, and place of birth.
(3) For purposes of this section, noncomprehensive death record
indices for public release shall be comprised of first, middle, and
last name, sex, date of birth, place of birth, place of death, date
of death, and father's last name.
(4) Requesters of the birth or death record indices prepared
pursuant to this subdivision shall provide proof of identity,
complete a form, and sign the form under penalty of perjury. The form
shall include all of the following:
(A) The proposed use of the birth or death record indices.
(B) A disclaimer crediting any analyses, interpretations, or
conclusions reached regarding the birth or death record indices to
the author and not to the State Department of Health
Services Public Health .
(C) Assurance that technical descriptions of the birth or death
record indices are consistent with those provided by the State
Department of Health Services Public Health
.
(D) Assurance that the requester shall not sell, assign, or
otherwise transfer the birth or death record indices.
(E) Assurance that the requester shall not use the birth or death
record indices for fraudulent purposes.
(5) Birth and death record indices obtained pursuant to this
subdivision, and any portion thereof, shall not be used for
fraudulent purposes.
(c) (1) The State Registrar shall prepare and maintain separate
noncomprehensive indices of all California birth and death records
for purposes of law enforcement or preventing fraud.
(2) For purposes of this section, noncomprehensive birth record
indices for the purpose of preventing fraud shall be comprised of
first, middle, and last name, sex, date of birth, place of birth, and
mother's maiden name.
(3) For purposes of this section, noncomprehensive death record
indices for the purpose of preventing fraud shall be comprised of
first, middle, and last name, place of death, mother's maiden name,
sex, social security number, date of birth, place of birth, date of
death, and father's last name.
(4) The birth and death record indices prepared pursuant to this
subdivision shall be made available to financial institutions, as
defined in 15 U.S.C. Sec. 6827(4)(A) and (B)
Section 6827(4)(A) and (B) of Title 15 of the United States Code
, its representatives or contractors, consumer credit reporting
agencies, as defined in subdivision (d) of Section 1785.3 of the
Civil Code, its representatives or contractors, those entities
providing information services for purposes of law enforcement or
preventing fraud, officers of the court for the sole purpose of
verifying a death, and to persons or entities acting on behalf of law
enforcement agencies or the court, or pursuant to a court order.
(5) The birth and death record indices prepared pursuant to this
subdivision may be released to any government agency.
(6) Requesters of the birth or death record indices prepared
pursuant to this subdivision shall provide proof of identity,
complete a form, and sign the form under penalty of perjury. The form
shall include all of the following:
(A) An agreement not to release or allow public access to the
birth or death record indices, and an agreement not to post the
indices on the Internet, except as permitted by this subdivision.
(B) The proposed use of the birth or death record indices.
(C) The names of all persons within the organization, if
applicable, who will have access to the birth or death record
indices.
(D) A disclaimer crediting any analyses, interpretations, or
conclusions reached regarding the birth or death record indices to
the author and not to the State Department of Health
Services Public Health .
(E) Assurance that technical descriptions of the birth or death
record indices are consistent with those provided by the State
Department of Health Services Public Health
.
(F) Assurance that the requester shall not sell, assign, or
otherwise transfer the birth or death record indices, except as
permitted by this subdivision.
(G) Assurance that the requester shall not use the birth or death
record indices for fraudulent purposes.
(7) (A) Birth and death record indices, and any portion thereof,
obtained pursuant to this section, shall not be used for fraudulent
purposes and shall not be posted on the Internet.
(B) Notwithstanding subparagraph (A), individual information
contained in birth and death record indices may be posted on the
Internet if all of the following requirements are met:
(i) The individual information is posted on a
an Internet Web site that is protected by a password.
(ii) The individual information is posted on a
an Internet Web site that is available to subscribers only
for a fee.
(iii) The individual information is not posted for public display.
(iv) The individual information is available to subscribers
pursuant to a contractual agreement.
(v) The individual information is posted for purposes of law
enforcement or preventing fraud.
(d) Mail-in requests from nongovernmental agencies for birth and
death record indices requested pursuant to subdivisions (b) and (c)
shall include a notarized statement attesting to the identity of the
requester.
(e) Noncomprehensive birth and death record indices pursuant to
subdivisions (b) and (c) shall be updated annually.
(f) All birth and death record indices provided pursuant to this
section shall be made available subject to cost recovery provisions
of the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
(g) Any noncomprehensive birth and ,
death , and marriage record indices created by local
registrars or county recorders shall be subject to the conditions for
release required by this section.
(h) A person or entity that obtains a birth or death record index,
or any portion thereof, from a requester who has obtained the index
in accordance with paragraph (6) of subdivision (c) may not sell,
assign, or otherwise transfer that index, or any portion thereof, to
any third party.
(i) Paragraphs (2) and (3) of subdivision (a) and subdivisions (b)
to (h), inclusive, shall be implemented only to the extent that
funds for these purposes are appropriated by the Legislature in the
annual Budget Act or other statute.
SEC. 2. Section 102231 of the Health
and Safety Code is amended to read:
102231. (a) Notwithstanding any other provision of
law, birth data files, birth data files for public release,
death data files for public release, and death
data files for purposes of law enforcement or preventing fraud ,
and marriage data files prepared and maintained by the State
Registrar, local registrars, and county recorders shall only be
released as follows:
(1) Birth data files containing personal identifiers shall be
subject to the same restrictions as the confidential portion of a
birth certificate and shall only be released under the terms and
conditions specified in Section 102430.
(2) Birth data files for public release shall not contain the
mother's maiden name.
(3) Death data files for public release shall not contain the
mother's maiden name and social security number.
(4) Death data files for purposes of law enforcement or preventing
fraud shall include the mother's maiden name and social security
number. Death data files prepared pursuant to this subdivision may be
released to governmental agencies and to those entities described in
paragraph (4) of subdivision (c) of Section 102230.
(5) Death data files containing personal identifying information
may be released to persons expressing a valid scientific interest, as
determined by the appropriate committee constituted for the
protection of human subjects that is approved by the United States
Department of Health and Human Services and has a general assurance
pursuant to Part 46 (commencing with Section 46.101) of Title 45 of
the Code of Federal Regulations.
(6) Marriage data files shall only be released to persons in the
manner described in paragraphs (4) and (5) of subdivision (a) and in
subdivision (a) of Section 103526.
(b) Requesters of birth and , death
, and marriage data files pursuant to this section shall
provide proof of identity, complete a form, and sign the form under
penalty of perjury. The form shall include all of the following:
(1) An agreement not to release the birth or
, death , or marriage data files and not to
post the files on the Internet, except as permitted by this
subdivision.
(2) An agreement not to provide public access to data files
obtained pursuant to paragraphs (1) and (4) of subdivision (a).
(3) The proposed use of the data file.
(4) For data files obtained pursuant to paragraphs (1) and (4) of
subdivision (a), the names of all persons within the organization, if
applicable, who will have access to the data files.
(5) A disclaimer that credits any analyses, interpretations, or
conclusions reached regarding the birth or death data files to the
author and not to the State Department of Health Services
Public Health .
(6) Assurance that technical descriptions of the data files are
consistent with those provided by the State Department of
Health Services Public Health .
(7) Assurance that the requester shall not sell, assign, or
otherwise transfer the data files, except as permitted by subdivision
(e).
(8) Assurance that the requester shall not use the data files for
fraudulent purposes.
(c) Mail-in requests for birth and ,
death , and marriage data files pursuant to this section
shall include a notarized statement attesting to the identity of the
requester.
(d) Birth and , death , and
marriage data files provided pursuant to this section shall be
made available subject to cost recovery provisions of the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
(e) (1) Birth and , death , and
marriage data files, and any portion thereof, obtained
pursuant to this section, shall not be used for fraudulent purposes
and shall not be posted on the Internet.
(2) Notwithstanding paragraph (1), individual information
contained in death data files obtained pursuant to paragraph (4) of
subdivision (a) may be posted on the Internet if all of the following
requirements are met:
(A) The information is posted on a an
Internet Web site that is protected by a password.
(B) The information is posted on a an
Internet Web site that is available to subscribers only for a
fee.
(C) The information is not posted for public display.
(D) The information is available to subscribers pursuant to a
contractual agreement.
(E) The information is posted for purposes of law enforcement or
preventing fraud.
(f) A person or entity that obtains a birth or
, death , or marriage data file, or
any portion thereof, from a requester who has obtained the data file
in accordance with subdivision (b) may not sell, assign, or otherwise
transfer that data file, or any portion thereof, to any third party.
(g) This section shall be implemented only to the extent that
funds for these purposes are appropriated by the Legislature in the
annual Budget Act or other statute.
SEC. 3. Section 103525 of the Health
and Safety Code is amended to read:
103525. (a) The State Registrar, local registrar, or county
recorder shall, upon request and payment of the required fee, supply
to any applicant a certified copy of the record of any birth, fetal
death, death, marriage, or marriage dissolution registered with the
official.
When the original forms of certificates of live birth furnished by
the State Registrar contain a printed section at the bottom
containing medical and social data or labeled "Confidential
Information for Public Health Use Only," that section shall not be
reproduced in a certified copy of the record except as specifically
authorized in Section 102430.
(b) Notwithstanding subdivision (a) or any other
provision of law, commencing July 1, 2003,
the State Registrar, local registrar, or county recorder
shall provide certified copies of birth and ,
death , and marriage records only as
authorized under Section 103526 or 103526.5.
SEC. 4. Section 103525.5 of the Health
and Safety Code is amended to read:
103525.5. (a) (1) Until January 1, 2006, in
addition to the fees prescribed by Sections 103625 and 103626, an
applicant for a certified copy of a birth or death record shall pay
an additional fee of two dollars ($2). Commencing January 1, 2006,
this fee shall be reduced to one dollar ($1).
(2) Commencing January 1, 2010, in addition to the fees prescribed
by Sections 103625 and 103626, an applicant for a certified copy of
a marriage record shall pay an additional fee of one dollar ($1).
(b) Until January 1, 2006, each local registrar or county recorder
collecting the fee pursuant to this section shall transmit one
dollar and sixty-five cents ($1.65) of the fee to the State Registrar
by the 10th day of the month following the month in which the fee
was received. Commencing January 1, 2006, each local registrar or
county recorder collecting the fee pursuant to this section shall
transmit sixty-five cents ($.65) of the fee to the State Registrar by
the 10th day of the month in which the fee was received. These
funds, and fees collected by the State Registrar pursuant to this
section, shall be used by the State Registrar, upon appropriation by
the Legislature, to develop safety and security measures to protect
against fraudulent use of birth and ,
death , and marriage records, including, but not limited
to, computerizing records, redacting and removing signatures as
required by law, and electronically distributing redacted records to
local registrars and county recorders for their use in complying with
Sections 103526 and 103526.5.
(c) Thirty-five cents ($0.35) of the fee specified in subdivision
(a) shall be retained by the public official charged with the
collection of the fee to defray the costs of the additional security
features required by Sections 103526 and 103526.5.
(d) The entire amount of the fee collected pursuant to subdivision
(a) by the State Registrar shall be retained and used by the State
Registrar, upon appropriation by the Legislature, for the purpose
specified in subdivision (b). The entire amount of the fee collected
by the local registrar or county recorder pursuant to subdivision (c)
shall be retained and used by that official for the purpose
specified in subdivision (c).
SEC. 5. Section 103526 of the Health
and Safety Code is amended to read:
103526. (a) If the State Registrar, local registrar, or county
recorder receives a written or faxed request for a certified copy of
a birth or , death , or marriage
record pursuant to Section 103525, or a military service record
pursuant to Section 6107 of the Government Code, that is accompanied
by a notarized statement sworn under penalty of perjury, or a faxed
copy of a notarized statement sworn under penalty of perjury, that
the requester is an authorized person, as defined in this section,
that official may furnish a certified copy to the applicant in
accordance with Section 103525 and in accordance with Section 6107 of
the Government Code. If a written request for a certified copy of a
military service record is submitted to a county recorder by fax, the
county recorder may furnish a certified copy of the military record
to the applicant in accordance with Section 103525. A faxed notary
acknowledgment accompanying a faxed request received pursuant to this
subdivision for a certified copy of a birth or
, death , or marriage record or a military
service record shall be legible and, if the notary's seal is not
photographically reproducible, show the name of the notary, the
county of the notary's principal place of business, the notary's
telephone number, the notary's registration number, and the notary's
commission expiration date typed or printed in a manner that is
photographically reproducible below, or immediately adjacent to, the
notary's signature in the acknowledgment. If a request for a
certified copy of a birth or , death
, or marriage record is made in person, the official shall
take a statement sworn under penalty of perjury that the requester
is signing his or her own legal name and is an authorized person, and
that official may then furnish a certified copy to the applicant.
(b) In all other circumstances, the certified copy provided to the
applicant shall be an informational certified copy and shall display
a legend that states "INFORMATIONAL, NOT A VALID DOCUMENT TO
ESTABLISH IDENTITY." The legend shall be placed on the certificate in
a manner that will not conceal information.
(c) For purposes of this section, an "authorized person" is any of
the following:
(1) The registrant or a parent or legal guardian of the
registrant.
(2) A party entitled to receive the record as a result of a court
order, or an attorney or a licensed adoption agency seeking the birth
record in order to comply with the requirements of Section 3140 or
7603 of the Family Code.
(3) A member of a law enforcement agency or a representative of
another governmental agency, as provided by law, who is conducting
official business.
(4) A child, grandparent, grandchild, sibling, spouse, or domestic
partner of the registrant.
(5) An attorney representing the registrant or the registrant's
estate, or any person or agency empowered by statute or appointed by
a court to act on behalf of the registrant or the registrant's
estate.
(6) Any agent or employee of a funeral establishment who acts
within the course and scope of his or her employment and who orders
certified copies of a death certificate on behalf of any individual
specified in paragraphs (1) to (5), inclusive, of subdivision (a) of
Section 7100.
(d) Any person who asks the agent or employee of a funeral
establishment to request a death certificate on his or her behalf
warrants the truthfulness of his or her relationship to the decedent,
and is personally liable for all damages occasioned by, or resulting
from, a breach of that warranty.
(e) Notwithstanding any other provision of law:
(1) Any member of a law enforcement agency or a representative of
a state or local government agency, as provided by law, who orders a
copy of a record to which subdivision (a) applies in conducting
official business may not be required to provide the notarized
statement required by subdivision (a).
(2) An agent or employee of a funeral establishment who acts
within the course and scope of his or her employment and who orders
death certificates on behalf of individuals specified in paragraphs
(1) to (5), inclusive, of subdivision (a) of Section 7100 shall not
be required to provide the notarized statement required by
subdivision (a).
(f) Informational certified copies of birth and death certificates
issued pursuant to subdivision (b) shall only be printed from the
single statewide database prepared by the State Registrar and shall
be electronically redacted to remove any signatures for purposes of
compliance with this section. Local registrars and county recorders
shall not issue informational certified copies of birth and death
certificates from any source other than the statewide database
prepared by the State Registrar. This subdivision shall become
operative on July 1, 2007, but only after the statewide database
becomes operational and the full calendar year of the birth and death
indices and images is entered into the statewide database and is
available for the respective year of the birth or death certificate
for which an informational copy is requested. The State Registrar
shall provide written notification to local registrars and county
recorders as soon as a year becomes available for issuance from the
statewide database.
SEC. 6. Section 103526.5 of the Health and Safety
Code is amended to read:
103526.5. (a) Each certified copy of a birth or
, death , or marriage record issued
pursuant to Section 103525 shall include the date issued, the name of
the issuing officer, the signature of the issuing officer, whether
that is the State Registrar, local registrar, county recorder, or
county clerk, or an authorized facsimile thereof, and the seal of the
issuing office.
(b) All certified copies of birth and ,
death , and marriage records issued
pursuant to Section 103525 shall be printed on chemically sensitized
security paper that measures 81/2 inches by 11 inches and
that has the following features:
(A) Intaglio print.
(B) Latent image.
(C) Fluorescent, consecutive numbering with matching barcode.
(D) Microprint line.
(E) Prismatic printing.
(F) Watermark.
(G) Void pantograph.
(H) Fluorescent security threads.
(I) Fluorescent fibers.
(J) Any other security features deemed necessary by the State
Registrar.
(c) The State Registrar, local registrars, county recorders, and
county clerks shall take precautions to ensure that uniform and
consistent standards are used statewide to safeguard the security
paper described in subdivision (b), including, but not limited to,
the following measures:
(1) Security paper shall be maintained under secure conditions so
as not to be accessible to the public.
(2) A log shall be kept of all visitors allowed in the area where
security paper is stored.
(3) All spoilage shall be accounted for and subsequently destroyed
by shredding on the premises.
SEC. 7. Section 103527 of the Health
and Safety Code is amended to read:
103527. (a) The State Registrar shall appoint a Vital Records
Protection Advisory Committee to study and make recommendations to
protect individual privacy, inhibit identity theft, and prevent fraud
involving birth and , death , and
marriage certificates while providing needed access to birth
and , death , and
marriage record information to those seeking it for legitimate
purposes. The committee shall have the following duties:
(1) Review and make recommendations as to the adequacy of
procedures to safeguard individual privacy and prevent fraud, while
ensuring appropriate access to birth and ,
death , and marriage records.
(2) Make recommendations to the State Registrar as to items that
should be redacted from informational certified copies of birth
and , death , and marriage
certificates issued pursuant to Section 103526.
(3) Make recommendations to the State Registrar regarding fraud
prevention measures concerning vital records.
(b) The committee shall include representatives from private and
governmental entities that use vital records as identity or legal
documents, consumers, law enforcement officials, genealogists, and
organizations that research vital records for legal or social
purposes. The State Registrar shall make every effort to ensure that
committee membership also represents the community at large.
(c) (1) Except as provided in paragraph (2), membership on the
committee shall be for a term of three years.
(2) Appointments shall be made on a staggered basis to allow for a
change of one-third of the membership on an annual basis. One-third
of the initial committee membership shall be appointed to one-year
terms, and one-third of the initial committee membership shall be
appointed to two-year terms.
SEC. 8. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
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 Section
530.55, of another person, and uses that information for any unlawful
purpose, including to obtain, or attempt to obtain,
credit, goods, services, real property, or
medical information without the consent of that person, is guilty of
a public offense, and upon conviction therefor, shall be punished by
a fine, by imprisonment in a county jail not to exceed one year, or
by both a fine and imprisonment, or by imprisonment in the state
prison.
(b) 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.
(c) (1) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment.
(2) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of 10 or more other
persons is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
(d) (1) Every person who, with the intent to defraud, sells,
transfers, or conveys the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment, or by imprisonment in
the state prison.
(2) Every person who, with actual knowledge that the personal
identifying information, as defined in subdivision (b) of Section
530.55, of a specific person will be used to commit a violation of
subdivision (a), sells, transfers, or conveys that same personal
identifying information is guilty of a public offense, and upon
conviction therefor, shall be punished by a fine, by imprisonment in
the state prison, or by both a fine and imprisonment.
(e) Every person who commits mail theft, as defined in Section
1708 of Title 18 of the United States Code, is guilty of a public
offense, and upon conviction therefor shall be punished by a fine, by
imprisonment in a county jail not to exceed one year, or by both a
fine and imprisonment. Prosecution under this subdivision shall not
limit or preclude prosecution under any other provision of law,
including, but not limited to, subdivisions (a) to (c), inclusive, of
this section.
(f) A second or subsequent violation of this section shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment, or by imprisonment in
the state prison for two, three, or four years.
(g) An interactive computer service or access software provider,
as defined in subsection (f) of Section 230 of Title 47 of the United
States Code, shall not be liable under this section unless the
service or provider acquires, transfers, sells, conveys, or retains
possession of personal information with the intent to defraud.
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.