BILL ANALYSIS SENATE COMMITTEE ON PUBLIC SAFETY Senator Mark Leno, Chair A 2009-2010 Regular Session B 2 4 7 AB 2471(J. Perez) 1 As Amended April 27, 2010 Hearing date: June 22, 2010 Vehicle Code MK:dl VEHICLES: IDENTIFICATION CARDS AND DRIVER'S LICENSES HISTORY Source: Author Prior Legislation: AB 811(J Perez) - Vetoed 2010 AB 1658 (Runner) - Chapter 743, Stats. 2007 AB 2967 (Runner) - failed Senate Public Safety, 2006 AB 454 (Runner) - failed Senate Pubic Safety, 2005 SB 508 (McClintock) - failed Senate Public Safety, 2005 AB 2113 (Bogh) - held Assembly Appropriations, 2002 AB 2037 (La Suer) - Chapter 291, Stats. 2004 AB 1301 (Simitian) - Chapter 625, Stats. 2003 Support: California Fraternal Order of Police; Long Beach Police Officers Association; Los Angeles County Professional Peace Officers Association; Santa Ana Police Officers Association; Los Angeles District Attorney's Association; Los Angeles County Sheriff (More) AB 2471 (J.Perez) PageB Opposition:Taxpayers for Improving Public Safety Assembly Floor Vote: Ayes 77 - Noes 0 KEY ISSUE SHOULD THE MISDEMEANOR PENALTIES FOR MANUFACTURING A FAKE DRIVER'S LICENSE OR CALIFORNIA I.D. CARD BE CHANGED TO BE EITHER A FINE OF $250-$1,000 PLUS PENALTY ASSESSMENTS AND 24 HOURS COMMUNITY SERVICE OR UP TO $1,000 FINE, PLUS PENALTY ASSESSMENTS, AND UP TO ONE YEAR IN COUNTY JAIL? PURPOSE The purpose of this bill is to change the penalties for manufacturing a fake California driver's license or I.D. car and to clarify that it is illegal to manufacture or sell a card that "purports to confer the same privileges a" a license or card issued by DMV. Existing law provides that no person shall manufacture or sell an identification document of a size and form substantially similar to the identification cards issued by the Department of Motor Vehicles (DMV). (Vehicle Code 13004.1) Existing law provides that no person shall manufacture or sell an identification document of a size and form substantially similar to the drivers' licenses issued by the DMV. A violation is a misdemeanor punishable by a fine $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. (Vehicle Code 14610.1.) This bill provides that a person shall also not manufacture or sell a document that "purports to confer the same privileges as" a DMV issued driver's license or identification card. This bill provides instead that the punishment for Vehicle Code (More) AB 2471 (J.Perez) PageC Sections 13004.1 and 14610.1 shall be as follows: The court shall impose a fine of not less than $250 and not more than $1,000 plus penalty assessments and 24 hours of community service, to be served when the person is not employed or is not attending school, no part of which can be waived. In lieu of the above penalties, the court in its discretion may impose a jail term of up to one year and a fine of up to $1,000 plus penalty assessments. This bill provides that in exercising its discretion to sentence a person to jail, the court shall consider the extent of the defendant's commercial motivation for the offense. This bill provides that prosecution under one of these sections shall not preclude prosecution under any other applicable provision of law. RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS The severe prison overcrowding problem California has experienced for the last several years has not been solved. In December of 2006 plaintiffs in two federal lawsuits against the Department of Corrections and Rehabilitation sought a court-ordered limit on the prison population pursuant to the federal Prison Litigation Reform Act. On January 12, 2010, a federal three-judge panel issued an order requiring the state to reduce its inmate population to 137.5 percent of design capacity -- a reduction of roughly 40,000 inmates -- within two years. In a prior, related 184-page Opinion and Order dated August 4, 2009, that court stated in part: "California's correctional system is in a tailspin," the state's independent oversight agency has reported. . . . (Jan. 2007 Little Hoover Commission Report, "Solving California's Corrections Crisis: Time Is Running Out"). Tough-on-crime politics have increased the population of California's prisons dramatically (More) AB 2471 (J.Perez) PageD while making necessary reforms impossible. . . . As a result, the state's prisons have become places "of extreme peril to the safety of persons" they house, . . . (Governor Schwarzenegger's Oct. 4, 2006 Prison Overcrowding State of Emergency Declaration), while contributing little to the safety of California's residents, . . . . California "spends more on corrections than most countries in the world," but the state "reaps fewer public safety benefits." . . . . Although California's existing prison system serves neither the public nor the inmates well, the state has for years been unable or unwilling to implement the reforms necessary to reverse its continuing deterioration. (Some citations omitted.) . . . The massive 750% increase in the California prison population since the mid-1970s is the result of political decisions made over three decades, including the shift to inflexible determinate sentencing and the passage of harsh mandatory minimum and three-strikes laws, as well as the state's counterproductive parole system. Unfortunately, as California's prison population has grown, California's political decision-makers have failed to provide the resources and facilities required to meet the additional need for space and for other necessities of prison existence. Likewise, although state-appointed experts have repeatedly provided numerous methods by which the state could safely reduce its prison population, their recommendations have been ignored, underfunded, or postponed indefinitely. The convergence of tough-on-crime policies and an unwillingness to expend the necessary funds to support the population growth has brought California's prisons to the breaking point. The state of emergency declared by Governor Schwarzenegger almost three years ago continues to this day, California's prisons remain severely overcrowded, and inmates in the California prison (More) AB 2471 (J.Perez) PageE system continue to languish without constitutionally adequate medical and mental health care.<1> The court stayed implementation of its January 12, 2010 ruling pending the state's appeal of the decision to the U.S. Supreme Court. On Monday, June 14, 2010, the U.S. Supreme Court agreed to hear the state's appeal in this case. This bill does not appear to aggravate the prison overcrowding crisis described above. COMMENTS 1. Need for This Bill According to the author: (More) --------------------------- <1> Three Judge Court Opinion and Order, 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 (August 4, 2009). This bill is needed in response to incidents involving constituents that have been approached by businesses selling official looking identification cards purported to confer the same rights and privileges as government issued driver's licenses (DL) and identification cards (ID). While existing statute speaks to the criminality of selling and manufacturing identification cards that look similar in size, color, etc, to cards issued by the Department of Motor Vehicles (DMV), current law does not specify that it is also illegal to imply that the cards "confer the same privileges" as licenses and identification cards issued by DMV. AB 2471 addresses this deficiency in state law. 2. Purports to Confer the Same Privileges Existing law makes it illegal to manufacture or sell an identification card or driver's license substantially similar to those issued by DMV. This bill clarifies that it is also illegal to sale an identification card or driver's license which purports to confer the same privileges as the cards or licenses issued by DMV. 3. Changes to Penalties for Selling Identification Cards or Driver's Licenses Existing law provides that the penalties for manufacturing or selling an identification card or driver's license that is substantially similar to those issued by DMV is a misdemeanor punishable by a fine of $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 the hours when the person is not employed and is not attending school. The law provides that no part of the fine or community service shall be suspended or waived. This bill provides that the fine shall be between $250 and (More) AB 2471 (J.Perez) PageG $1,000 plus the 24 hours of community service and in lieu of those penalties the court in its discretion may instead impose a jail term of up to one year and a fine up to $1,000. The bill specifies that in exercising its discretion the court shall consider the extent of the defendant's commercial motivation for the offense. According to the Los Angeles District Attorney's Office: AB 2471 will provide prosecutors with a tool to combat this deceptive and fraudulent practice that targets innocent parties who believe they are obtaining government authorized documents. ***************