The proposed amendments to the existing laws could significantly strengthen identity theft prevention measures in California. By revising the punishable thresholds, the bill introduces harsher penalties for crimes involving larger volumes of stolen personal information. For instance, individuals who unlawfully acquire information from between fifty to one hundred persons would face imprisonment of 16 months to 3 years, escalating to 3 to 7 years for damages exceeding 1,000 persons. These changes are anticipated to provide law enforcement with a more robust framework for addressing identity theft crimes.
Assembly Bill 1297 aims to amend Section 530.5 of the Penal Code, which addresses the crime of identity theft. The bill seeks to update the definitions and penalties associated with the unlawful acquisition or retention of personal identifying information. Under current law, individuals found guilty of acquiring the personal information of more than ten individuals could face various penalties including fines and imprisonment in a county jail. This bill narrows the threshold for prosecutions, changing the possession limit from ten to fifty individuals, reflecting an increase in the severity of penalties for larger offenses involving identity theft.
Notably, the bill includes provisions stating that no reimbursement is required for local agencies for costs incurred due to the creation of new crimes or the alteration of existing penalty structures. This element may raise concerns among local governments about potential financial repercussions related to enforcing new regulations without state assistance. However, supporters of the bill argue that the potential for higher penalties will deter identity theft and provide a necessary update to laws in light of evolving digital crime landscapes, thereby justifying its enactment.