BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 811|
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THIRD READING
Bill No: AB 811
Author: John A. Perez (D)
Amended: 7/23/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 7/14/09
AYES: Leno, Benoit, Hancock, Huff, Steinberg, Wright
NO VOTE RECORDED: Cedillo
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 5/26/09 - See last page for vote
SUBJECT : Check cashing business: identification cards
and related
documents
SOURCE : Author
DIGEST : This bill (1) prohibits a check casher from
requiring a customer to use an identification card issued
by the check casher, (2) prohibits a check casher from
selling any form of identification other than a card for
use only at that business, and (3) provides that the
penalties for making a false Department of Motor
Vehicle-style identification card, may include a jail term
of up to one year.
ANALYSIS : Existing law defines a "check casher" as a
person or entity that for compensation engages, in whole or
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in part, in the business of cashing checks, warrants,
drafts, money orders, or other commercial paper serving the
same purpose. "Check casher" does not include a state or
federally chartered bank, savings association, credit
union, or industrial loan company. (Section 1789.31 of the
Civil Code)
Existing law requires check cashers to obtain a permit from
the Department of Justice (DOJ). (Section 1789.37 of the
Civil Code)
Existing law allows a check casher to charge a fee of no
more than $10 to set up an initial account and issue an
optional identification card for providing check cashing
services. A replacement identification card may be issued
at a cost not to exceed $5. (Section 1789.35(b) of the
Civil Code)
This bill prohibits a check casher from requiring a
customer to purchase a check cashing identification card to
access services.
This bill prohibits check cashers from selling any other
form of identification other than what is permitted to
access check cashing services.
Existing law provides that any person who falsely
personates another person in his or her private or official
capacity is guilty of an alternate felony-misdemeanor.
False personation generally involves subjecting the person
whose identity was assumed to prosecution, suit or to pay a
debt. (Section 529 of the Penal Code)
Existing law provides that it is an alternative
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. (Section 530.5(a) of the Penal Code)
Existing law defines "personal identifying information" to
mean name, address, mother's maiden name, place of
employment, date of birth, unique biometric data including
fingerprint, facial scan identifiers, voiceprint, retina or
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iris image, or other unique physical representation, unique
electronic data including information identification number
assigned to the person, address or routing code,
telecommunication identifying information or access device,
information contained in a birth or death certificate,
following identifying numbers: telephone, health
insurance, credit card, taxpayer identification, school
identification, state or federal driver's license, state or
federal identification number, social security, employee
identification number, professional or occupational, demand
deposit account, savings account, checking account, PIN or
password, alien registration, government passport, or any
form of identification that is equivalent to those listed
above. (Section 530.55 of the Penal Code)
Existing law provides that every person who, with the
intent to defraud, acquires or retains possession of the
personal identifying information of another person, and who
has previously been convicted of a violation of provisions
proscribing identity theft, or who, with the intent to
defraud, acquires or retains possession of the personal
identifying information of 10 or more other persons, 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. (Section 530.5(b)(3)
of the Penal Code)
Existing law provides that any person who, with intent to
defraud, sells, transfers, or conveys the personal
identifying information of another person 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. Further, any person who,
with actual knowledge that the personal identifying
information of a specific person will be used in violation
of identity theft provisions who sells, transfers, or
conveys that personal identifying information shall be
punished by a fine or by both a fine and imprisonment, or
by imprisonment in the state prison. (Section 530.5(d) of
the Penal Code)
Existing law prohibits any person from manufacturing or
selling an identification document of a size and form
substantially similar to the identification cards or
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driver's licenses issued by the Department of Motor
Vehicles (DMV). A violation of these provisions is a
misdemeanor, punishable by a fine of $1,000, "no part of
which shall be suspended." The convicted person "shall
[also] be required to perform not less than 24 hours of
community service during hours when the person is not
employed and is not attending school." (Sections 13004.1
and 14610.1 of the Vehicle Code)
This bill provides that a violation of these provision
changes the punishment for that crime to a fine between
$250 and $1,000, 24 hours of community service, and, in the
court's discretion, imprisonment in a county jail for not
more than one year. This bill also provides that the court
may place the defendant on probation, with conditions that
include, but are not limited to, a fine and community
service. This bill provides that no part of the fine or
community service shall be suspended or waived.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/18/09)
California Immigrant Policy Center
Consumer Federation of California
ARGUMENTS IN SUPPORT : According to the author's office:
"Check cashers regularly sell identification cards so that
customers may be able to access services. This practice is
necessary if a customer has no other form of
identification, but some check cashing facilities do coerce
or compel people into purchasing identification cards.
These check cashing facilities target non-English
proficient people and advertise the sale of identification
cards to this vulnerable population. There are even cases
where they advertise the sale of identification that they
claim is a valid California Identification Card or
California Drivers License. Since these facilities target
non-English proficient people, the consumers are misled
into purchasing fraudulent identification. This bill
removes any ambiguity in law by not permitting check
cashers to sell anything other than an optional
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identification card intended to access service."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: DeVore
RJG:mw 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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