BILL NUMBER: SB 169	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Benoit

                        FEBRUARY 14, 2009

   An act to amend Section 538d of the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 169, as introduced, Benoit. Peace officers: impersonation.
   Existing law makes it a crime for a person, who is not a peace
officer, to impersonate a peace officer, as specified.
   This bill would authorize the head of a local agency that employs
peace officers to issue identification in the form of a badge,
insignia, emblem, device, label, certificate, card, or writing that
clearly states the person's position as an honorably retired peace
officer from that agency, as specified. The bill would also authorize
the head of a local agency to revoke identification granted pursuant
to those provisions in the event of misuse or abuse.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 538d of the Penal Code is amended to read:
   538d.  (a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform, insignia, emblem, device, label, certificate,
card, or writing, of a peace officer, with the intent of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor.
   (b) (1) Any person, other than the one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the badge of a peace officer with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the belief
that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine.
   (2) 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 a peace officer, or which so resembles the authorized
badge of a peace officer 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 a peace officer, for the purpose of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to
exceed one year, by a fine not to exceed two thousand dollars
($2,000), or by both that imprisonment and fine.
   (c) 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 a peace officer, or which so
resembles the authorized badge, insignia, emblem, device, label,
certificate, card, or writing of a peace officer as would deceive an
ordinary reasonable person into believing that it is authorized for
the use of one who by law is given the authority of a peace officer,
is guilty of a misdemeanor, except that any person who makes or sells
any badge under the circumstances described in this subdivision is
subject to a fine not to exceed fifteen thousand dollars ($15,000).

   (d) The head of a local agency that employs peace officers is
authorized to issue identification in the form of a badge, insignia,
emblem, device, label, certificate, card, or writing that clearly
states the person's position as an honorably retired peace officer
from that agency. The head of a local agency that employs peace
officers is authorized to revoke identification granted pursuant to
this subdivision in the event of misuse or abuse.  
   (d) 
    (e)  (1) Vendors of law enforcement uniforms shall
verify that a person purchasing a uniform identifying a law
enforcement agency is an employee of the agency identified on the
uniform. Presentation and examination of a valid identification card
with a picture of the person purchasing the uniform and
identification, on the letterhead of the law enforcement agency, of
the person buying the uniform as an employee of the agency identified
on the uniform shall be sufficient verification.
   (2) Any uniform vendor who sells a uniform identifying a law
enforcement agency, without verifying that the purchaser is an
employee of the agency, is guilty of a misdemeanor, punishable by a
fine of not more than one thousand dollars ($1,000).
   (3) This subdivision shall 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 law enforcement agency.