BILL ANALYSIS
SB 1087
Page 1
SENATE THIRD READING
SB 1087 (Alquist)
As Amended April 27, 2010
Majority vote
SENATE VOTE :34-0
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Hagman, Beall, | | |
| |Gilmore, Hill, | | |
| |Portantino, Skinner | | |
| | | | |
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SUMMARY : Authorizes restitution for expenses for a time
reasonably necessary to make a victim whole to monitor an
identity theft victim's credit report and for the costs to
repair the victim's credit.
EXISTING LAW :
1)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.
2)Creates 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.
3)Defines "personal identifying information" as the name,
address, mother's maiden name, place of employment, 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 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
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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.
4)Punishes 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, with 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.
5)Mandates 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.
6)Allows a person who believes that he or she is the victim of
identity theft may initiate an investigation of the matter by
contacting the law enforcement agency with jurisdiction over
the person's residence or place of business. The victim may
then obtain information from various financial entities
concerning the suspected identity theft incident and may
further investigate the matter, as specified. The victim may
petition a court for an expedited determination of his or her
factual innocence concerning misuse of his or her identifying
information.
FISCAL EFFECT : None
COMMENTS : According to the author of this bill, "Every year an
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ever-growing number of Californians become victims of identity
theft. With changes in technology, increasing amounts of
personal identifying information available electronically, and a
souring economy, identity theft is becoming a much more
lucrative and sophisticated crime. The result is not only more
victims, but deeper and more extensive victimization.
"It is increasingly common for victims of identity theft to
suffer for years after the crime initially occurs. Victims'
personal identifying information is getting distributed for use
among many identity thieves. So even in cases where the initial
criminal is caught, the victimization does not necessarily end.
Today, victims must monitor and make corrections to their credit
histories for years after the crime occurred.
"Victims deserve to have a specific right to restitution for
credit monitoring and repair for long after the crime occurred.
Credit repair costs and three years of credit monitoring should
be mandated as part of restitution to all identity theft
victims."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0004865