BILL NUMBER: SB 644	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cannella

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 644, as introduced, Cannella. Identity theft.
   Existing law provides that every person who willfully obtains
personal identifying information, as defined, of another person, and
uses that information for an 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.
   This bill would make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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
  an  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   a  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 pursuant to subdivision (h) of
Section 1170.
   (3) 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 pursuant to subdivision (h) of Section 1170.
   (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
pursuant to subdivision (h) of Section 1170.
   (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
pursuant to subdivision (h) of Section 1170, 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) 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.