BILL NUMBER: AB 1069	CHAPTERED  09/22/05

	CHAPTER  326
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2005
	PASSED THE SENATE  AUGUST 30, 2005
	AMENDED IN SENATE  JULY 5, 2005
	AMENDED IN SENATE  JUNE 21, 2005
	AMENDED IN ASSEMBLY  APRIL 14, 2005

INTRODUCED BY   Assembly Member Montanez
   (Coauthors: Assembly Members Cohn and Spitzer)

                        FEBRUARY 22, 2005

   An act to amend Section 483.5 of the Penal Code, relating to
identification documents.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1069, Montanez  Deceptive identification documents.
   Existing law prohibits a deceptive identification document, as
defined, from being manufactured, sold, offered for sale, furnished,
offered to be furnished, transported, offered to be transported, or
imported or offered to be imported into this state, except as
specified. Existing law defines "deceptive identification document"
with reference to a document not issued by a governmental agency of
this state, another state, or the federal government. A violation of
this provision is a crime.
   This bill would, in addition, prohibit a document-making device,
as defined, from being possessed with the intent that the device will
be used to manufacture, alter, or authenticate a deceptive
identification document. A conviction would be punishable by
imprisonment in a county jail not exceeding one year, or a fine not
exceeding $1,000, or by both imprisonment and that fine.
   The bill would also revise the definition of "deceptive
identification document" to include a document not issued by a
governmental agency of a foreign government, a political subdivision
of a foreign government, an international government, or an
international quasi-governmental organization. By expanding the scope
of an existing crime, the bill would impose a state-mandated local
program.
  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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 483.5 of the Penal Code is amended to read:
   483.5.  (a) No deceptive identification document shall be
manufactured, sold, offered for sale, furnished, offered to be
furnished, transported, offered to be transported, or imported or
offered to be imported into this state unless there is diagonally
across the face of the document, in not less than 14-point type and
printed conspicuously on the document in permanent ink, the following
statement:
       NOT A GOVERNMENT DOCUMENT

   and, also printed conspicuously on the document, the name of the
manufacturer.
   (b) No document-making device may be possessed with the intent
that the device will be used to manufacture, alter, or authenticate a
deceptive identification document.
   (c) As used in this section, "deceptive identification document"
means any document not issued by a governmental agency of this state,
another state, the federal government, a foreign government, a
political subdivision of a foreign government, an international
government, or an international quasi-governmental organization,
which purports to be, or which might deceive an ordinary reasonable
person into believing that it is, a document issued by such an
agency, including, but not limited to, a driver's license,
identification card, birth certificate, passport, or social security
card.
   (d) As used in this section, "document-making device" includes,
but is not limited to, an implement, tool, equipment, impression,
laminate, card, template, computer file, computer disk, electronic
device, hologram, laminate machine or computer hardware or software.

   (e) Any person who violates or proposes to violate this section
may be enjoined by any court of competent jurisdiction. Actions for
injunction under this section may be prosecuted by the Attorney
General, any district attorney, or any city attorney prosecuting on
behalf of the people of the State of California under Section 41803.5
of the Government Code in this state in the name of the people of
the State of California upon their own complaint or upon the
complaint of any person.
   (f) Any person who violates the provisions of subdivision (a) who
knows or reasonably should know that the deceptive identification
document will be used for fraudulent purposes is guilty of a crime,
and upon conviction therefor, shall be punished by imprisonment in
the county jail not to exceed one year, or by imprisonment in the
state prison. Any person who violates the provisions of subdivision
(b) is guilty of a misdemeanor punishable by imprisonment in a county
jail not exceeding one year, or by a fine not exceeding one thousand
dollars ($1,000), or by both imprisonment and a fine. Any
document-making device may be seized by law enforcement and shall be
forfeited to law enforcement or destroyed by order of the court upon
a finding that the device was intended to be used to manufacture,
alter, or authenticate a deceptive identification document. The court
may make such a finding in the absence of a defendant for whom a
bench warrant has been issued by the court.
  SEC. 2.  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.