BILL NUMBER: AB 2471	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  APRIL 12, 2010

INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 19, 2010

   An act to amend Sections 13004.1 and 14610.1 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2471, as amended, John A. Perez. Vehicles: identification cards
and driver's licenses.
   Existing law prohibits the manufacturing or sale of identification
documents that are substantially similar to identification cards and
driver's licenses issued by the Department of Motor Vehicles.  A
violation of these provisions is a misdemeanor punishable by a fine
of $1,000, no part of which may be suspended, and 24 hours of
community service during hours when the person is not employed and is
not attending school.
   This bill would prohibit a person from manufacturing or selling an
identification document that purports to confer the same privileges
as the identification cards or drivers' licenses issued by the
department.  The bill would revise the penalties under these
provisions to require that the fine be not less than $250 and 
 not more than $1,000 and that neither the fine nor the community
service may be suspended or waived.  
   The bill would, in lieu of these penalties, authorize the court,
in its discretion, to impose a jail term of up to one year and a fine
of up to $1,000. In exercising its discretion the bill would require
the court to consider the extent of the defendant's commercial
motivation for the offense. 
   By expanding the definition of an existing crime  and imposing
punishment that may include imprisonment of up to one year in jail
 , 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 13004.1 of the Vehicle Code is amended to read:

   13004.1.  (a) A person shall not manufacture or sell an
identification document of a size and form substantially similar to,
or that purports to confer the same privileges as, the identification
cards issued by the department.
   (b) A violation of this section is a misdemeanor punishable
 by a fine of one thousand dollars ($1,000), no part of which
shall be suspended, and the person shall be required to perform not
less than 24 hours of community service during hours when the person
is not employed and is not attending school.   as
follows:  
   (1) The court shall impose a fine of not less than two hundred
fifty dollars ($250) and not more than one thousand dollars ($1,000),
and 24 hours of community service, to be served when the person is
not employed or is not attending school. No part of the fine or
community service shall be suspended or waived.  
   (2) In lieu of the penalties imposed under paragraph (1), the
court, in its discretion, may impose a jail term of up to one year
and a fine of up to one thousand dollars ($1,000). In exercising its
discretion the court shall consider the extent of the defendant's
commercial motivation for the offense.  
   (c) Prosecution under this section shall not preclude prosecution
under any other applicable provision of law. 
  SEC. 2.  Section 14610.1 of the Vehicle Code is amended to read:
   14610.1.  (a) A person shall not manufacture or sell an
identification document of a size and form substantially similar to,
or that purports to confer the same privileges as, the drivers'
licenses issued by the department.
   (b) A violation of this section is a misdemeanor punishable
 by a fine of one thousand dollars ($1,000), no part of which
shall be suspended, and the person shall be required to perform not
less than 24 hours of community service during hours when the person
is not employed and is not attending school.   as
follows:  
   (1) The court shall impose a fine of not less than two hundred
fifty dollars ($250) and not more than one thousand dollars ($1,000),
and 24 hours of community service, to be served when the person is
not employed or is not attending school. No part of the fine or
community service shall be suspended or waived.  
   (2) In lieu of the penalties imposed under paragraph (1), the
court, in its discretion, may impose a jail term of up to one year
and a fine of up to one thousand dollars ($1,000). In exercising its
discretion the court shall consider the extent of the defendant's
commercial motivation for the offense.  
   (c) Prosecution under this section shall not preclude prosecution
under any other applicable provision of law. 
  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.