Bill Text: CA AB2375 | 2019-2020 | Regular Session | Amended

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Bill Title: Theft: vehicle burglary: online database.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on PUB. S. [AB2375 Detail]

Download: California-2019-AB2375-Amended.html

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Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2375

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Introduced by Assembly Member Chu

February 18, 2020

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An act to amend Section 530.5 of 461 of, and to add Section 11108.1 to, the Penal Code, relating to identity theft.

LEGISLATIVE COUNSEL'S DIGEST

AB 2375, as amended, Chu. Identity theft. Theft: vehicle burglary: online database.

Existing

(1) Existing law makes it a crime for a person to willfully obtain the personal identifying information of another and to use that information for any unlawful purpose, to acquire or retain possession of the personal identifying information of another person with the intent to defraud, and to sell the personal identifying information of another with the intent to defraud. Under existing law, entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or any felony is 2nd-degree burglary, punishable as a misdemeanor or a felony.

This bill would make entering a vehicle when the doors are locked with the intent to commit the theft of any electronic device capable of holding personal and confidential information a felony. By increasing the punishment for a crime, this bill would impose a state-mandated local program.

(2) Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, directly into the appropriate Department of Justice automated property system for stolen bicycles, stolen vehicles, or other property.

This bill would require the Department of Justice to establish the California Stolen Property Inventory (CSPI), an online database of all serialized property, or nonserialized property that has been uniquely inscribed, that has been reported to the department by an individual or by a law enforcement agency as stolen. The bill would require that the CSPI database be accessible to the public from the department’s internet website and allow members of the public to input serialized numbers or other unique alpha-numeric identifiers to determine whether an item bearing that number has been reported stolen.

(3) 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.

This bill would make technical, nonsubstantive changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 461 of the Penal Code is amended to read:

461.

 Burglary is punishable as follows:

(a) Burglary in the first degree: degree is punishable by imprisonment in the state prison for two, four, or six years.

(b) Burglary (1) Except as specified in paragraph (2), burglary in the second degree: degree is punishable by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

(2) Notwithstanding paragraph (1), burglary in the second degree is punishable by imprisonment pursuant to subdivision (h) of Section 1170 if the person enters a vehicle, as defined by the Vehicle Code, when the doors are locked with the intent to commit the theft of any electronic device. For purposes of this paragraph, “electronic device” means a smartphone, tablet, laptop, or similar device that stores, generates, or transmits information in electronic form and is capable of holding personal and confidential information.

SEC. 2.

 Section 11108.1 is added to the Penal Code, to read:

11108.1.

 (a) The Department of Justice shall establish the California Stolen Property Inventory (CSPI), an online database of all serialized property, or nonserialized property that has been uniquely inscribed, that has been reported to the department by an individual or by a law enforcement agency as stolen. The department shall accept reports of stolen property from any individual or law enforcement agency in the state.

(b) The CSPI database shall be accessible to the public from the department’s internet website. The website shall allow members of the public to input serialized numbers or other unique alpha-numeric identifiers to determine whether an item bearing that number has been reported stolen.

SEC. 3.

 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.

SECTION 1.Section 530.5 of the Penal Code is amended to read:

530.5.

(a)A 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 pursuant to subdivision (h) of Section 1170.

(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)A 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)A 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 pursuant to subdivision (h) of Section 1170.

(3)A 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 pursuant to subdivision (h) of Section 1170.

(d)(1)A 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 pursuant to subdivision (h) of Section 1170.

(2)A 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 pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment.

(e)A 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)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.