The bill would amend the Penal Code by enhancing the punishment for the offense of fraudulent use or possession of identifying information from a state jail felony to a felony of the third degree if with the intent to harm or defraud another, the person uses identifying information of a deceased natural person, including a stillborn infant or fetus, without legal authorization. 

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

In fiscal year 2006, there were 260 admissions to state jail for the offense of fraudulent use or possession of identifying information.  The number of these 260 admissions that committed their offense with identifying information from a deceased person is unknown.  Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison.  In the case of this bill, the increased workload and demand for resources would probably not be substantial.