BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair A
2009-2010 Regular Session B
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8
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AB 388 (Miller)
As Amended March 26, 2009
Hearing date: June 9, 2009
Penal Code
SM:mc
FIREFIGHTER'S UNIFORMS: VENDOR REQUIREMENTS
HISTORY
Source: California State Firefighters' Association
Prior Legislation: AB 1448 (Niello) - Chap. 241, Stats. of 2007
Support: California Professional Firefighters; California Fire
Chiefs Association; California Conference of Arson
Investigators; Sacramento-Sierra Regional Arson Task Force
Opposition:None known
Assembly Floor Vote: Ayes 79 - Noes 0
KEY ISSUE
SHOULD IT BE A MISDEMEANOR, PUNISHABLE BY A FINE OF UP TO $1,000,
FOR VENDORS OF OFFICIAL FIREFIGHTER UNIFORMS TO FAIL TO VERIFY THE
IDENTITY OF A BUYER AS AN AUTHORIZED PERSON, AS SPECIFIED?
PURPOSE
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The purpose of this bill is to require vendors of uniforms to
verify that a person purchasing a uniform identifying a
firefighting agency or department is an employee or authorized
member of the agency or department identified on the uniform, as
specified. Failure to do so would be a misdemeanor, punishable
by a fine of up to $1,000.
Existing law provides that 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 impersonating 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, punishable by up to six
months in county jail, a fine of up to $1,000, or both. (Penal
Code 538e, subd. (a).)
Existing law provides that 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 up to one year in county jail, a fine
of up to $2,000, or both. (Penal Code 538e, subd. (b)(1).)
Existing law provides that 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
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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 up to one
year in county jail, a fine of up to $2,000, or both. (Penal
Code 538e, subd. (b)(2).)
Existing law provides that 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, punishable by up to six
months in county jail, a fine of up to $1,000, or both, except
that any person who makes or sells any badge under these
circumstances is guilty of a misdemeanor punishable by a fine
not to exceed $15,000. (Penal Code 538e, subd. (c).)
Existing law provides that 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
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authorization of any fire marshal, fire inspector or fire
department, or member thereof, is guilty of a misdemeanor.
(Penal Code 538e, subd. (d).)
Existing law provides that the prohibitions listed above shall
not apply to either of the following:
Use of a badge solely as a prop for a motion picture,
television, or video production, or an entertainment or
theatrical event.
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. (Penal Code
538e, subd. (e).)
This bill would require vendors of uniforms to verify that a
person purchasing a uniform identifying a firefighting agency or
department is an employee or authorized member of the agency or
department identified on the uniform. Acceptable forms of
identification would be:
A valid photo identification card issued by a
firefighting agency or department that designates the
person as an employee or authorized member of the agency or
department identified on the uniform shall be sufficient
verification; or
An official letter of authorization from the
firefighting agency or department designating that person
as an employee or authorized member of the agency or
department together with a government issued photo
identification card bearing the same name as listed in the
letter of authorization issued by the agency or department.
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This bill provides that any uniform vendor who sells a uniform
identifying a firefighting agency or department without
verifying that the purchaser is an employee or authorized member
of the agency or department is guilty of a misdemeanor,
punishable by a fine of not more than $1,000.
This bill provides that the verification requirements stated
above do not apply if the uniform is to be used solely as a prop
for a motion picture, television, video production, or a
theatrical event, and prior written permission has been obtained
from the identified firefighting agency or department.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
California continues to face a severe prison overcrowding
crisis. The Department of Corrections and Rehabilitation (CDCR)
currently has about 170,000 inmates under its jurisdiction. Due
to a lack of traditional housing space available, the department
houses roughly 15,000 inmates in gyms and dayrooms.
California's prison population has increased by 125% (an average
of 4% annually) over the past 20 years, growing from 76,000
inmates to 171,000 inmates, far outpacing the state's population
growth rate for the age cohort with the highest risk of
incarceration.<1>
In December of 2006 plaintiffs in two federal lawsuits against
CDCR sought a court-ordered limit on the prison population
pursuant to the federal Prison Litigation Reform Act. On
February 9, 2009, the three-judge federal court panel issued a
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<1> "Between 1987 and 2007, California's population of ages 15
through 44 - the age cohort with the highest risk for
incarceration - grew by an average of less than 1% annually,
which is a pace much slower than the growth in prison
admissions." (2009-2010 Budget Analysis Series, Judicial and
Criminal Justice, Legislative Analyst's Office (January 30,
2009).)
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tentative ruling that included the following conclusions with
respect to overcrowding:
No party contests that California's prisons are
overcrowded, however measured, and whether considered
in comparison to prisons in other states or jails
within this state. There are simply too many
prisoners for the existing capacity. The Governor,
the principal defendant, declared a state of emergency
in 2006 because of the "severe overcrowding" in
California's prisons, which has caused "substantial
risk to the health and safety of the men and women who
work inside these prisons and the inmates housed in
them." . . . A state appellate court upheld the
Governor's proclamation, holding that the evidence
supported the existence of conditions of "extreme
peril to the safety of persons and property."
(citation omitted) The Governor's declaration of the
state of emergency remains in effect to this day.
. . . the evidence is compelling that there is no
relief other than a prisoner release order that will
remedy the unconstitutional prison conditions.
. . .
Although the evidence may be less than perfectly
clear, it appears to the Court that in order to
alleviate the constitutional violations California's
inmate population must be reduced to at most 120% to
145% of design capacity, with some institutions or
clinical programs at or below 100%. We caution the
parties, however, that these are not firm figures and
that the Court reserves the right - until its final
ruling - to determine that a higher or lower figure is
appropriate in general or in particular types of
facilities.
. . .
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Under the PLRA, any prisoner release order that we
issue will be narrowly drawn, extend no further than
necessary to correct the violation of constitutional
rights, and be the least intrusive means necessary to
correct the violation of those rights. For this
reason, it is our present intention to adopt an order
requiring the State to develop a plan to reduce the
prison population to 120% or 145% of the prison's
design capacity (or somewhere in between) within a
period of two or three years.<2>
The final outcome of the panel's tentative decision, as well as
any appeal that may be in response to the panel's final
decision, is unknown at the time of this writing.
This bill does not appear to aggravate the prison overcrowding
crisis outlined above.
COMMENTS
1. Need for This Bill
According to the author:
Currently, there is no prohibition on purchasing a
firefighter uniform with department patches without
verification of employment of affiliation. This poses
a threat to public safety, as criminals are able to
impersonate a firefighter with relative ease, and past
examples have shown that they have done so.
This bill would simply create the same requirement for
firefighters as police officers by requiring that
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<2> Three Judge Court Tentative Ruling, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (Feb. 9, 2009).
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uniform vendors request verification that customers are
in fact employees or authorized members of the fire
department for which they are seeking to purchase a
uniform.
2. Potential Misuse of Firefighter Uniforms
Potential misuse of firefighter uniforms could range from a
person with a fascination with firefighters imitating one as
part of a fantasy-fulfillment, to someone trying to use the
authority the uniform conveys to gain access to someone's home,
to the worst case scenario of a terrorist trying to gain access
to a sensitive location. Published reports, such as these
examples below, indicate that misuse of firefighter uniforms
actually occurs with some regularity.
HUNTINGTON BEACH, Calif. - James Campbell seemed to
relish being a firefighter.
He showed up in the uniform of a Los Angeles County
firefighter at the World Trade Center, the aftermath
of Hurricane Katrina and to help fight the Esperanza
fire in Riverside County last year. He even posed for
his driver's license in uniform.
Problem was Campbell was never a firefighter, said
authorities.
Police arrested Campbell at his Huntington Beach
apartment on Friday on suspicion of impersonating a
firefighter, possession of stolen property and being a
felon in possession of firearms.
Inside his apartment officials found a pile of
official fire gear: a double-breasted dress uniform, a
flight suit, a yellow firefighting suit, department
patches, a fire helmet, a wallet badge and an L.A.
County Fire Department radio. Authorities also found
a 9-millimeter handgun and a shotgun.
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On Campbell's walls were hundreds of framed photos of
him at disaster sites in uniform said Orange County
Deputy Dist. Atty. Andre Manssourian. There were also
letters of commendation that appeared to be forged,
authorities said.
"This is a guy who really wanted to be a firefighter.
He wanted to act as a hero," Manssourian said.
* * * * * * *
"The public puts a lot of trust in firefighters," he
said. "People don't think twice about an unknown man
with big baggy clothes or a uniform. It's a shame
that someone is pretending to be a firefighter to take
that trust and bend it, distort it."
(Wanna-Be Hero Charged With Impersonating Firefighter
at National Disasters, September 08, 2007, FoxNews,
http://www.foxnews.com/story/0,2933,296154,00.html )
Last year in Salem, Oregon, a man was arrested for impersonating
a paramedic/firefighter and obtaining donations of equipment to
then sell online:
SALEM - A Salem man was arrested for allegedly
impersonating a firefighter and paramedic, deputies
said Friday.
Michael Alan Selmer, 29, is believed to have responded
to vehicle accidents and other medical calls while
pretending to be a firefighter/paramedic, according to
Commander Jason Myers with the Marion County Sheriff's
Office.
Selmer also pretended to own an ambulance service to
get donations of police and fire equipment and medical
supplies, Myers said.
"He has used the internet sites Ebay and Craigslist to
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sell stolen property online. Some of the business
names he may have used include Northwest Emergency
Services, Cascade Rescue and Emergency Services Team
II, Cascade Rescue and Southwest Emergency Services,"
Myers said.
Deputes arrested Selmer last Thursday in downtown
Salem. They said he was driving a stolen pickup truck
equipped with concealed blue and red police lights.
(Salem Man Arrested for Impersonating Paramedic,
Firefighter, Antonia Giedwoyn, Kgw.Com
http://www.kgw.com/news-local/stories/kgw_022208_news_s
alem_impersonator_paramedic_fire.1a9756aa.html )
With respect to the most serious potential misuse of a
firefighter's uniform, the U.S. Fire Administration, an agency
within the Department of Homeland Security, has advised as
follows:
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Last week the Department of Homeland Security (DHS)
issued an information bulletin: "Potential Terrorist
Use of Official Identification, Uniforms, or
Vehicles." DHS published it to advise owners and
operators of the nation's infrastructures about the
possible use by terrorists of official identification,
uniforms, or vehicles to gain access to sensitive
locations for purposes of planning or carrying out
attacks. While DHS possesses no information
indicating an organized effort by extremist elements
to acquire these items, it has identified the recent
theft or disappearance of large numbers of the
referenced items.
The CIPIC reminds all readers to remain vigilant to
the disappearance of, or unauthorized inquiries
regarding official identification cards, badges,
decals, uniforms, government license plates, and
vehicles. Emergency response departments are
encouraged to establish practices that account for
missing items and to report suspicious incidents to
the proper authorities.
Recognizing that possession of some combination of
these items tends to reduce suspicion and might allow
an individual or vehicle greater access to sensitive
locations, DHS suggests the following protective
measures:
Keep comprehensive records of all official
identification cards, badges, decals, uniforms, and
license plates distributed, documenting any
anomalies, and canceling access to items that are
lost or stolen.
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Practice accountability of all vehicles to
include tracking those that are in service, in
repair status, or sent to resale or salvage.
Safeguard uniforms, patches, badges, ID cards,
and other forms of official identification to
protect against unauthorized access to facilities,
to include stripping all decommissioned vehicles
slated for resale or salvage of all agency
identifying markings and emergency warning devices.
Check multiple forms of valid identification
for each facility visitor.
Verify the legitimate business needs of all
approaching vehicles and personnel.
Improve identification card technology to
eliminate reuse or unauthorized duplication.
Alert uniform store vendors of the need to
establish and verify the identities of individuals
seeking to purchase uniform articles.
Ensure all personnel are provided a security
briefing regarding present and emerging threats.
(U.S. Fire Administration Infogram, July 2003,
http://www.usfa.dhs.gov/fireservice/subjects/emr-isac/infograms/i
g2003/igjul3103.shtm )
DOES THE SALE OF OFFICIAL FIREFIGHTER UNIFORMS TO UNAUTHORIZED
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PERSONS POSE A PUBLIC SAFETY THREAT?
WOULD MAKING IT A MISDEMEANOR TO SELL SUCH UNIFORMS WITHOUT
VERIFYING THE BUYER'S IDENTITY REDUCE THE THREAT?
3. Argument in Support
The Sacramento-Sierra Regional Arson Task Force states:
There are innumerable incidents of persons
impersonating firefighters for a variety of reasons,
and this poses an immediate threat to public safety.
It is unlawful to impersonate a firefighter or a
police officer in California, and the law currently
provides sanctions for vendors of law enforcement
uniforms who do not check for identification when
selling such uniforms. The same law should also apply
to vendors of firefighter uniforms. Though many
imposters obtain their badges and uniforms by theft,
the proposed statute would limit opportunities for a
person who is not a uniformed employee of a
firefighting agency to purchase a badge or uniform
without their employment being verified. This new law
would conceivably reduce the number of incidents of
persons posing as firefighting personnel. At the very
least, it would create another obstacle for persons
unlawfully attempting to obtain items identifying them
as official firefighting personnel.
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