COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager's Office

 

DATE:

May 8, 2003

BOARD MEETING DATE:

May 13, 2003

 

TO:

Honorable Board of Supervisors

FROM:

John Maltbie, County Manager

SUBJECT:

County Manager's Report #9-Resolution in support of AB 1105 (Jackson), statute of limitations period for identify theft

 

Recommendation

Adopt a resolution in support of AB 1105 (Jackson) regarding the Statute of limitations period for identify theft.

 

Background

AB 1105 would add identity theft and filing false documents to the list of offenses for which the statute of limitations does not begin to run until discovery of the offense.

 

According to Jackson, identity theft can go undetected for long periods of time. Current statute of limitations provisions do not account for this problem. As a result, identify theft and filing false document crimes could go unpunished after the statute of limitations has tolled. This bill ensures that the statute of limitations for identity theft and filing false documents begins at discovery of the offense rather than commission of the offense.

 

Discussion

While existing code and common law may arguably enable the use of the delayed discovery provision of the statute of limitations for the crimes of identity theft and filing false documents, this bill would clearly state that for these offenses the statue of limitations would not begin to run until discovery of the offense.

 

The Commission on Aging voted to recommend to the Board of Supervisors' Legislative Committee support of AB 1105.

 

The Legislative Committee has reviewed and recommends support of this bill.

 

Vision Alignment

Support of AB 1105 (Jackson) furthers the County's Visioning 2010 commitment to ensure basic health and safety for all and supports Goal #7 to maintain and enhance the public safety of all residents and visitors.

 

Fiscal Impact

No fiscal impact to the County.