Bill Text: CA AB130 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Vital records: marriage records.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 412, Statutes of 2009. [AB130 Detail]

Download: California-2009-AB130-Introduced.html

---

BILL NUMBER: AB 130	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries

                        JANUARY 20, 2009

   An act to amend Section 530.5 of the Penal Code, relating to
identity theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 130, as introduced, Jeffries. Identity theft.
   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 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 another person, and
who has previously been convicted of a violation of this section,
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. 

   (3) 
    (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 f   ine 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.