The bill would amend the Penal Code to increase the punishment for fraudulent use or possession of identifying information from a state jail felony to: a felony of the third degree if the number of identifying items obtained, possessed, transferred, or used is at least five but less than ten; a felony of the second degree if the number of identifying items obtained, possessed, transferred, or used is at least ten but less than 50; and a felony of the first degree if the number of identifying items obtained, possessed, transferred, or used is 50 or more. 

The bill would amend the Penal Code to allow an offense punishable as fraudulent use or possession of identifying information and also punishable under another law to be prosecuted under both laws.

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 fiscal year 2006, 260 offenders were admitted to state jail and 237 offenders were released from state jail for fraudulent use or possession of identifying information.  In fiscal year 2005, 533 offenders were placed on felony community supervision for state jail felony fraudulent use or possession of identifying information.  The additional impact to criminal justice populations from the bill would vary greatly depending on the number of identifying items obtained, possessed, transferred, or used.

The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to the circumstances involved in fraudulent use or possession of identifying information and the number of items involved.