Bill Text: CA AB441 | 2015-2016 | Regular Session | Introduced
Bill Title: Identity theft: seniors: enhancements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB441 Detail]
Download: California-2015-AB441-Introduced.html
BILL NUMBER: AB 441 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wilk
FEBRUARY 23, 2015
An act to amend Section 530.5 of the Penal Code, relating to
identity theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 441, as introduced, Wilk. Identity theft: seniors:
enhancements.
Existing law makes it a public offense for a person to acquire or
retain possession of, or sell or transfer, the personal identifying
information of another person with the intent to defraud. Existing
law makes these offenses punishable as misdemeanors or felonies, as
specified.
This bill would provide an enhanced sentence of an additional 2
years imprisonment for a felony conviction when the victim was 65
years of age or older. By increasing the penalties for existing
felonies, 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 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) 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) Every person convicted of a felony under this section shall be
subject to an additional term of imprisonment of two years when the
victim was 65 years of age or older at the time of the offense.
(f)
(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.
