AMENDED IN SENIOR ASSEMBLY OCTOBER 26, 2010

SENIOR ASSEMBLY PROPOSAL NO. 11

INTRODUCED BY SENIOR ASSEMBLY MEMBER SCHONTZ

(COAUTHOR: SENIOR ASSEMBLY MEMBER GOULD)

 

LEGISLATIVE COUNSEL'S DIGEST

AP 11: IDENTITY THEFT.

UNDER EXISTING LAW, IDENTITY THEFT IS PUNISHABLE BY IMPRISONMENT IN A STATE PRISON, OR BY A FINE, IN AN UNSPECIFIED AMOUNT, IMPRISONMENT IN A COUNTY JAIL, NOT TO EXCEED 1 YEAR, OR BOTH THE FINE AND IMPRISONMENT IN A COUNTY JAIL.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD IMPOSE AN ADDITIONAL FINE FOR IDENTITY THEFT OF AT LEAST $5,000 FOR THE FIRST OFFENSE AND AN INCREASE OF THAT FINE BY $3,000 FOR EACH ADDITIONAL OFFENSE.

VOTE: MAJORITY.

AP 6: RELATING TO FINES FOR IDENTITY THEFT

WHEREAS, ACCORDING TO THE FEDERAL TRADE COMMISSION, IN 2009, IDENTITY THEFT WAS RANKED AS THE NUMBER ONE CONSUMER COMPLAINT, AFFECTING MORE THAT 1.3 MILLION PEOPLE; AND

WHEREAS, SINCE 2003 THE IDENTITY THEFT RESOURCE CENTER HAS CONDUCTED ANNUAL VICTIMIZATION SURVEYS TO STUDY THE IMPACT OF IDENTITY THEFT ON ITS VICTIMS; AND

WHEREAS, IN ITS MOST RECENT REPORT, “IDENTITY THEFT: THE AFTERMATH” IN 2009 THE IDENTITY THEFT RESOURCE CENTER (ITRC) REPORTED THAT A VICTIM OF IDENTITY THEFT SPENDS AN AVERAGE OF 68 HOURS AND $527 REPAIRING DAMAGE TO AN EXISTING ACCOUNT AND AN AVERAGE OF 141 HOURS AND $2,104 TO REPAIR DAMAGE CAUSED BY IDENTITY THEFT THAT RESULTS IN THE OPENING OF A NEW ACCOUNT UNDER THE VICTIM’S NAME; AND

WHEREAS, MANY IDENTITY THEFT CRIMES ARE COMMITTED AGAINST OUR SENIOR POPULATION AS CRIMINALS BELIEVE THAT SENIORS MAY BE MORE SUSCEPTIBLE TO CRIMES OF DECEIT, AND THAT SENIORS REPRESENT GREATER OPPORTUNITIES FOR OBTAINING LARGER SUMS OF MONEY THAN MIGHT BE AVAILABLE FROM OTHER SEGMENTS OF THE POPULATION; AND

WHEREAS, ONE OF THE THREE REASONS OFTEN CITED BY PERSONS ENGAGED IN IDENTITY THEFT IS THAT THE CRIMINAL PENALTIES FOR FIRST43 TIME AND REPEAT OFFENDERS ARE LIGHT--OFTEN A SMALL FINE AND A MISDEMEANOR CHARGE THAT RESULTS IN A FEW DAYS OR WEEKS IN JAIL--WHILE THE POTENTIAL TO MAKE QUICK CASH IS GREAT; AND

WHEREAS, THE PUNISHMENT FOR EACH INCIDENCE OF IDENTITY THEFT UNDER THE CALIFORNIA PENAL CODE IS EITHER IMPRISONMENT IN A STATE PRISON; OR A FINE, IN AN UNSPECIFIED AMOUNT, IMPRISONMENT IN A COUNTY JAIL, OR BOTH THE FINE AND IMPRISONMENT IN A COUNTY JAIL; AND

WHEREAS, THE CURRENT PUNISHMENT PROVISIONS FOR IDENTITY THEFT UNDER THE CALIFORNIA PENAL CODE HAVE DONE NOTHING TO DETER THIS CRIME, AS STATISTICS SHOW THAT THIS CRIME IS ON THE RISE; NOW, THEREFORE, BE IT RESOLVED,

BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT CALIFORNIA’S PENAL CODE BE AMENDED TO IMPOSE AN ADDITIONAL FINE FOR IDENTITY THEFT WHEN PERPETRATED AGAINST A SENIOR IN THE AMOUNT OF AT LEAST $5,000 FOR THE FIRST OFFENSE WITH INCREASES OF $3,000 FOR EACH ADDITIONAL OFFENSE; AND BE IT FURTHER RESOLVED,

THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER RESOLVED,

THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 10 13722

- 0 -