BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1087|
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THIRD READING
Bill No: SB 1087
Author: Alquist (D)
Amended: 4/27/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/20/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SUBJECT : Identity theft: restitution
SOURCE : San Francisco County District Attorney
DIGEST : This bill provides that restitution in an
identity theft case shall include, for a period of time
reasonably necessary to make the victim whole, the cost of
repairing the victim's credit and monitoring the victim's
credit report.
ANALYSIS : Existing law establishes various offenses
relating to identity theft. Existing law establishes a
procedure for purposes of imposing restitution obligations
on defendants, as specified.
This bill provides that restitution shall include "expenses
for a period of time reasonable necessary to make the
victim whole, for the costs to monitor the credit report
of, and for the costs to repair the credit of, a victim of
identity theft, as defined in Section 530.5 [of the Penal
Code]."
CONTINUED
SB 1087
Page
2
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/6/10)
San Francisco County District Attorney (source)
Association of California Insurance Companies
California Bankers Association
California Chamber of Commerce
California Land Title Association
California Retailers Association
San Bernardino County Sheriff's Department
ARGUMENTS IN SUPPORT : Proponents state:
"Identity theft contuse to top the Federal Trade
commission's (FTC) list of consumer complaints.
According to the FTC 8.1 million United States residents
were victims of identity theft in 2007 with a total cost
of about $45 billion. Victims spend many hundreds of
hours and thousands of dollars clearing up their records
and their lives. Businesses also suffer from identity
theft once when their name is stolen and used illegally
and again when their employees are victims subsequently
needing time off to clear up their personal records.
"SB 1087 reinforces the importance of punishing identity
thieves and the seriousness of this crime. We believe
that vigorous investigation, arrest, and prosecution of
identity thieves slows the growing threat of this crime
and removes these criminals from our streets."
RJG:mw 5/6/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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