BILL NUMBER: AB 1153 CHAPTERED 03/05/04 CHAPTER 22 FILED WITH SECRETARY OF STATE MARCH 5, 2004 APPROVED BY GOVERNOR MARCH 4, 2004 PASSED THE ASSEMBLY FEBRUARY 12, 2004 PASSED THE SENATE JULY 21, 2003 AMENDED IN SENATE JULY 1, 2003 AMENDED IN SENATE JUNE 18, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 INTRODUCED BY Assembly Member Bermudez FEBRUARY 21, 2003 An act to amend Section 538e of, and to add Section 538g to, the Penal Code, relating to crime, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1153, Bermudez. Crime. Existing law provides that any person, other than an officer or member of a fire department, who willfully wears, exhibits, or uses, among other things, the authorized badge, of an officer or member of a fire department or a deputy state fire marshal, with the intent of fraudulently personating an officer or member of a fire department or the Office of the State Fire Marshal, or of fraudulently inducing the belief that he or she is an officer or member of a fire department or the Office of the State Fire Marshal, is guilty of a misdemeanor. This bill would revise the provisions to delete the reference to the badge, and instead, make the provisions applicable to a uniform. The bill would also provide that use of the badge, or use of a badge that falsely purports to be authorized for that use, as specified, in the manner described, would be a misdemeanor punishable by imprisonment in a county jail not to exceed one year, or by a fine not exceeding $2,000, or by both imprisonment and the fine. Existing law provides that a person who willfully makes or sells any badge which falsely purports to be authorized for the use of a peace officer, or which so resembles the authorized badge of a peace officer, as specified, is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not exceeding one year, a fine not exceeding $15,000, or both that imprisonment and fine. This bill would provide that any person who willfully makes or sells any badge which falsely purports to be authorized for use as an authorized badge of, or which so resembles the authorized badge of, an officer or member of a fire department or deputy state fire marshal, as specified, is guilty of a misdemeanor punishable by a fine not exceeding $15,000. This bill would provide exceptions to these provisions for the use of a badge, as specified. Existing law provides that any person, other than one who is a peace officer or an officer or member of a fire department, who willfully wears, exhibits, or uses a badge, insignia, emblem, certificate, card, or writing of a peace officer or of an officer or member of a fire department, with specified intent, or any person who does the same with respect to any badge, insignia, emblem, certificate, card, or writing which falsely purports to be authorized for the use of one who by law is given the authority of a peace officer or of an officer or member of a fire department, or which so resembles such an item, is guilty of a misdemeanor. This bill would provide that any person, other than one who is a state, county, city, special district, or city and county officer or employee, who willfully wears or uses a badge, photographic identification card, or insignia of a state, county, city, special district, or city and county officer or employee, with specified intent, is guilty of a misdemeanor. The bill would provide that any person who willfully wears, exhibits, or uses any badge, photograph identification card, or insignia of those entities which falsely purports to be for the use of those entities, or so resembles the authorized item of those entities, is guilty of a misdemeanor, provided however, that any person who makes or sells any badge under the described circumstances is guilty of a misdemeanor and subject to a fine not to exceed $15,000. Because this bill would change the definition of a crime, and would create a new crime, it would impose a state-mandated local program. This bill would declare that it is to take effect immediately as an urgency statute. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 538e of the Penal Code is amended to read: 538e. (a) Any person, other than an officer or member of a fire department, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a fire department or a deputy state fire marshal, with the intent of fraudulently personating an officer or member of a fire department or the Office of the State Fire Marshal, or of fraudulently inducing the belief that he or she is an officer or member of a fire department or the Office of the State Fire Marshal, is guilty of a misdemeanor. (b) (1) Any person, other than the one who by law is given the authority of an officer or member of a fire department, or a deputy state fire marshal, who willfully wears, exhibits, or uses the badge of a fire department or the Office of the State Fire Marshal with the intent of fraudulently impersonating an officer, or member of a fire department, or a deputy state fire marshal, or of fraudulently inducing the belief that he or she is an officer or member of a fire department, or a deputy state fire marshal, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. (2) Any person who willfully wears or uses any badge that falsely purports to be authorized for the use of one who by law is given the authority of an officer or member of a fire department, or a deputy state fire marshal, or which so resembles the authorized badge of an officer or member of a fire department, or a deputy state fire marshal as would deceive any ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of an officer or member of a fire department or a deputy state fire marshal, for the purpose of fraudulently impersonating an officer or member of a fire department, or a deputy state fire marshal, or of fraudulently inducing the belief that he or she is an officer or member of a fire department, or a deputy state fire marshal, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. (c) Any person who willfully wears, exhibits, or uses, or who willfully makes, sells, loans, gives, or transfers to another, any badge, insignia, emblem, device, or any label, certificate, card, or writing, which falsely purports to be authorized for the use of one who by law is given the authority of an officer, or member of a fire department or a deputy state fire marshal, or which so resembles the authorized badge, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a fire department or a deputy state fire marshal as would deceive an ordinary reasonable person into believing that it is authorized for use by an officer or member of a fire department or a deputy state fire marshal, is guilty of a misdemeanor, except that any person who makes or sells any badge under the circumstances described in this subdivision is guilty of a misdemeanor punishable by a fine not to exceed fifteen thousand dollars ($15,000). (d) Any person who, for the purpose of selling, leasing or otherwise disposing of merchandise, supplies or equipment used in fire prevention or suppression, falsely represents, in any manner whatsoever, to any other person that he or she is a fire marshal, fire inspector or member of a fire department, or that he or she has the approval, endorsement or authorization of any fire marshal, fire inspector or fire department, or member thereof, is guilty of a misdemeanor. (e) This section shall not apply to either of the following: (1) Use of a badge solely as a prop for a motion picture, television, or video production, or an entertainment or theatrical event. (2) A badge supplied by a recognized employee organization as defined in Section 3501 of the Government Code representing firefighters or a state or international organization to which it is affiliated. SEC. 2. Section 538g is added to the Penal Code, to read: 538g. (a) Any person, other than a state, county, city, special district, or city and county officer or employee, who willfully wears, exhibits, or uses the authorized badge, photographic identification card, or insignia of a state, county, city, special district, or city and county officer or employee, with the intent of fraudulently personating a state, county, city, special district, or city and county officer or employee, or of fraudulently inducing the belief that he or she is a state, county, city, special district, or city and county officer or employee, is guilty of a misdemeanor. (b) Any person who willfully wears, exhibits, or uses, or willfully makes, sells, loans, gives, or transfers to another, any badge, photographic identification card, or insignia, which falsely purports to be for the use of a state, county, city, special district, or city and county officer or employee, or which so resembles the authorized badge, photographic identification card, or insignia of a state, county, city, special district, or city and county officer or employee as would deceive an ordinary reasonable person into believing that it is authorized for use by a state, county, city, special district, or city and county officer or employee, is guilty of a misdemeanor, except that any person who makes or sells any badge under the circumstances described in this subdivision is subject to a fine not to exceed fifteen thousand dollars ($15,000). (c) This section shall not apply to either of the following: (1) Use of a badge solely as a prop for a motion picture, television, or video production, or an entertainment or theatrical event. (2) A badge supplied by a recognized employee organization as defined in Section 3501 of the Government Code or a state or international organization to which it is affiliated. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to enhance security and increase public safety, the unauthorized use of badges and photographic identification cards, and the illegal manufacture of badges and photographic identification cards that falsely purport to be, or that resemble, the authorized badge or photographic identification cards, of fire department officers or members, and of all state, county, city, special district, or city and county officers and employees must be curtailed, thus, it is necessary that this act take effect immediately.