BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 2471|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 2471
          Author:   John A. Perez (D)
          Amended:  4/27/10 in Assembly
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE :  6-1, 6/22/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Steinberg, Wright
          NOES:  Huff

           ASSEMBLY FLOOR  :  77-0, 5/13/10 - See last page for vote


           SUBJECT  :    Vehicles:  identification cards and drivers  
          licenses

           SOURCE  :     Author


           DIGEST  :    This bill changes 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 as  
          a license or card issued by DMV.

           ANALYSIS :    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  
                                                           CONTINUED





                                                              AB 2471
                                                                Page  
          2

          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 Sections 13004.1 and 14610.1 shall be as follows:

          1.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.

          2.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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/2/10)

          California Fraternal Order of Police
          Long Beach Police Officers Association
          Los Angeles County Professional Peace Officers Association
          Los Angeles County Sheriff
          Los Angeles District Attorney's Association
          Santa Ana Police Officers Association







                                                               AB 2471
                                                                Page  
          3


           OPPOSITION  :    (Verified  8/2/10)

          Taxpayers for Improving Public Safety

           ARGUMENTS IN SUPPORT  :    According to the author's office:

               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. 

          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.


           ASSEMBLY FLOOR  :  
          AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Smyth, Solorio, Audra Strickland,  







                                                              AB 2471
                                                                Page  
          4

            Swanson, Torlakson, Torres, Torrico, Tran, Villines,  
            Yamada, John A. Perez
          NO VOTE RECORDED: Norby, Skinner, Vacancy


          RJG:nl  8/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****