BILL NUMBER: SB 169	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2009

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 amended, Benoit.  Peace officers:
impersonation.   Identification: honorably retired peace
officers. 
   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 
 an  agency that employs  specified  peace officers
to issue identification in the form of a badge, insignia, emblem,
device, label, certificate, card, or writing that clearly states 
t   hat  the  person's position as an
  person has  honorably retired  following
service as a  peace officer from that agency, as specified. The
bill would also authorize the head of  a local  
an  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   Except as provided in subdivision
(d), 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)  (1)   The head of  a local
  an  agency that employs peace officers  as
defined in Sections 830.1 and 830.2  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 
 states that the person has honorably retired following service
as a peace officer  from that agency. 
   (2) If the head of an agency issues a badge to an honorably
retired peace officer that is not affixed to a plaque or other
memento commemorating the retiree's service for the agency, the words
"Honorably Retired" must be clearly visible above, underneath, or on
the badge itself. 
    (3)    The head of  a local 
 an  agency that employs peace officers  as defined in
Sections 830.1 and 830.2  is authorized to revoke identification
granted pursuant to this subdivision in the event of misuse or
abuse. 
   (4) For the purposes of this subdivision, the term "honorably
retired" does not include an officer who has agreed to a service
retirement in lieu of termination. 
   (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.