Amended in Assembly June 2, 2014

Amended in Senate May 14, 2013

Senate Bill No. 702

Introduced by Senator Anderson

February 22, 2013

An act to begin delete add Section 585.1 to the Code of Civil Procedure end delete begin insert amend Section 538d of the Penal Code end insert , relating to begin delete civil procedure end delete begin insert criminal law end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 702, as amended, Anderson. begin delete Application for entry of default judgment. end delete begin insert Criminal law: badges: impersonation. end insert

begin insert

Existing law makes it a crime for a person who is not a peace officer to impersonate a peace officer. Specifically, existing law makes it a misdemeanor for any person to willfully wear, exhibit, or use any badge, insignia, emblem, device, label, certificate, card, or writing that falsely purports to be authorized for use by a peace officer, as specified.

end insert begin insert

This bill would increase the punishment for that offense to imprisonment in a county jail for up to one year, a fine up to $2,000, or both that imprisonment and fine. The bill would also require a local law enforcement agency in the jurisdiction that files charges against a person for a violation of these provisions to seize the item at issue. The bill would prohibit a person convicted of a violation of these provisions from holding public office in this state.

end insert begin insert

By increasing the punishment for a crime and adding to the duties of local governmental entities, this bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert begin delete

Existing law provides that a default judgment may be taken upon written application of the plaintiff if the defendant fails to answer the complaint, as specified. Existing law also authorizes the court to permit the use of affidavits, in lieu of personal testimony, as to all or any part of the evidence or proof required or permitted to be offered in those cases.

end delete begin delete

This bill would require the plaintiff’s application for entry of a default judgment to include specified information, and would authorize a party that has been permitted by the court to use affidavits in lieu of personal testimony to use affidavits to comply with those requirements, as specified.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 538d of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

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)  begin insert (1) end insert begin insert   end insert 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 begin insert 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 end insert , 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).

begin insert

(2) A local law enforcement agency in the jurisdiction that files
charges against a person of a violation of paragraph (1) shall
seize the badge, insignia, emblem, device, label, certificate, card,
or writing described in paragraph (1).

end insert begin insert

(3) Any person who is convicted of a violation of paragraph (1)
on or after January 1, 2015, shall be disqualified from holding
public office in this state.

end insert

(d) (1) The head of 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 that the person
has honorably retired following service as a peace officer from
that agency. The identification authorized pursuant to this
subdivision is separate and distinct from the identification
authorized by Article 2 (commencing with Section 25450) of
Chapter 2 of Division 5 of Title 4 of Part 6.

(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” shall be clearly visible above,
underneath, or on the badge itself.

(3) The head of 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.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 585.1 is added to the Code of Civil
Procedure, to read:

585.1.  

(a) A plaintiff applying for entry of a default judgment
pursuant to subdivision (a) of Section 585 shall include in the
application all of the following:

(1) The name of the plaintiff.

(2) A statement that the plaintiff is the sole party entitled to the
money or damages at issue, or has authority to assert the rights of
all parties entitled to the money or damages at issue.

(3) The amount of money or damages sought and the basis
therefor.

(4) The amount of costs, if any, sought and the basis therefor.

(5) The amount of attorney’s fees, if any, sought and the basis
therefor.

(6) A proof of service of summons for each party to be included
in the default judgment.

(7) A request to enter default, if not already filed, pursuant to
Rule 3.1800 of the California Rules of Court.

(8) A proposed form of judgment.

(9) Any other information or documentation required by the
court or under any other provision of law.

(b) A party seeking the entry of a default judgment pursuant to
subdivision (a) of Section 585 may, to the extent permitted under
subdivision (d) of Section 585, use affidavits in order to comply
with this section.

end delete