California Acts of the 2003 Legislative Session
AB 1105, Chapter 73
BILL NUMBER: AB 1105 CHAPTERED 07/21/03 CHAPTER 73 FILED WITH SECRETARY OF STATE JULY 21, 2003 APPROVED BY GOVERNOR JULY 21, 2003 PASSED THE ASSEMBLY JULY 3, 2003 PASSED THE SENATE JUNE 30, 2003 AMENDED IN SENATE JUNE 23, 2003 AMENDED IN ASSEMBLY MAY 13, 2003 INTRODUCED BY Assembly Member Jackson FEBRUARY 20, 2003 An act to amend Section 803 of the Penal Code, relating to identity theftLEGISLATIVE COUNSEL'S DIGEST AB 1105, Jackson. Identity theft: limitations period.
Under existing law, any person who willfully obtains personal identifying information, as defined, of another person, and uses that information for any unlawful purpose, and any person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information of another person, is guilty of a crime. Existing law also makes it a crime to knowingly procure or offer any false or forged instrument to be filed, registered, or recorded in any public office in this state, as specified. Existing law requires that, except as specified, prosecution for an offense punishable by imprisonment in the state prison be commenced within 3 years of the commission of the offense. Existing law also provides that, with respect to offenses involving fraud or certain other elements, the limitation of time does not begin to run until the discovery of the offense, and specifies crimes that fall into this category.
This bill would provide, in addition, that the limitations period for the crimes involving the unlawful use of personal identifying information and procuring or offering a false or forged instrument for record does not begin to run until discovery of the offense.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
803. (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
(1) Grand theft of any type, forgery, falsification of public records, or acceptance of a bribe by a public official or a public employee.
(2) A violation of Section 72, 118, 118a, 132, or 134.
(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.
(4) A violation of Section 1090 or 27443 of the Government Code.
(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.
(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.
(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.
(8) A violation of Section 22430 of the Business and Professions Code.
(9) A violation of Section 10690 of the Health and Safety Code.
(10) A violation of Section 529a.
(11) A violation of subdivision (d) or (e) of Section 368.
(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum...
