BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2471
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2471 (John A. Perez)
          As Amended  April 27, 2010
          Majority vote 

           TRANSPORTATION      13-0        APPROPRIATIONS      13-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonnie Lowenthal,         |Ayes:|Fuentes, Ammiano,         |
          |     |Jeffries,                 |     |Bradford,                 |
          |     |Bill Berryhill,           |     |Charles Calderon, Coto,   |
          |     |Blumenfield, Buchanan,    |     |Davis,                    |
          |     |Eng, Furutani, Galgiani,  |     |De Leon, Hall, Miller,    |
          |     |Hayashi, Miller, Niello,  |     |Skinner, Solorio,         |
          |     |Portantino, Solorio       |     |Torlakson, Torrico        |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Criminalizes the sale of documents that purport to  
          confer the driving privilege.  Specifically,  this bill  :

          1)Makes it unlawful to manufacture or sell a document that  
            purports to confer the same privileges as identification (ID)  
            cards or driver's licenses issued by the Department of Motor  
            Vehicles (DMV).  

          2)Specifies that a violation of these provisions is a  
            misdemeanor requiring the court to impose a fine of not less  
            than $250 and not more than $1,000, plus 24 hours of community  
            service to be served when the person is not employed or is not  
            attending school.  

          3)Prohibits any part of the fine or community service to be  
            suspended or waived.  

          4)Allows a court, at its discretion, to impose a jail term of up  
            to one year and a fine of up to $1,000 in lieu of the  
            penalties specified above after consideration of the extent of  
            the defendant's commercial motivation for the offense.  

          5)Provides that imposition of these penalties would not preclude  
            prosecution under any other applicable provision of law.  
           
           EXISTING LAW  :  









                                                                  AB 2471
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          1)Makes it unlawful to:  

             a)   Display or cause or permit to be displayed or have in  
               one's possession any canceled, fictitious, fraudulently  
               altered, or fraudulently obtained driver's license or ID  
               card;  

             b)   Lend a driver's license or ID card to any other person  
               or knowingly permit its use by another;  

             c)   Display or represent any driver's license or ID card not  
               issued to a particular person as being his or her card;  

             d)   Permit any unlawful use of one's driver's license or ID  
               card;  

             e)   Photograph, photostat, duplicate, or in any way  
               reproduce any driver's license or ID card or facsimile  
               thereof in such a manner that it could be mistaken for a  
               valid driver's license or ID card, or to display or have in  
               one's possession any such photograph, photostat, duplicate,  
               reproduction, or facsimile unless authorized by statute;  
               or,

             f)   Alter any driver's license or ID card in any manner not  
               authorized by statute.  

          2)Prohibits the manufacture or sale a document of a size and  
            form substantially similar to the driver's licenses or ID  
            cards issued by DMV.  

          3)Makes a violation of these provisions a misdemeanor punishable  
            by a fine of up to $1,000 and 24 hours of community service.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis, there will be negligible state costs as well  
          as local enforcement costs that are not reimbursable.  

           COMMENTS  :  The author has introduced this bill to deal with the  
          illicit practice of selling false identification documents.   
          While existing law already prohibits the sale or manufacture of  
          counterfeit driver's license and IDs, there are other documents  
          offered for sale - often to unknowing recent immigrants - that  
          purport to grant the driving privilege or serve as official  








                                                                  AB 2471
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          identification.  The buyers are believed to purchase these  
          documents in the na?ve belief that they are sanctioned by the  
          state and meet all official requirements.  This bill would make  
          it clear that such a practice is illegal.  
           

          Analysis Prepared by  :   Howard Posner / TRANS. / (916) 319-2093 

                                                                FN: 0004201