SB 702, as amended, Anderson. Criminal law: badges: impersonation.
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 misdemeanorbegin insert subject to punishment by up to 6 months imprisonment in a county jail, or a fine not exceeding $1,000, or by both that imprisonment and end insertbegin insertfine,end insert 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.
This bill wouldbegin delete 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.end deletebegin insert
provide that the fine for that offense shall not exceed $2,000.end insert 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.begin delete The bill would prohibit a person convicted of a violation of these provisions from holding public office in this state.end delete
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 deleteThe 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 deleteThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end deleteWith 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 deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
Section 538d of the Penal Code is amended to
2read:
(a) Any person other than one who by law is given the
4authority of a peace officer, who willfully wears, exhibits, or uses
5the authorized uniform, insignia, emblem, device, label, certificate,
6card, or writing, of a peace officer, with the intent of fraudulently
7impersonating a peace officer, or of fraudulently inducing the
8belief that he or she is a peace officer, is guilty of a misdemeanor.
9(b) (1) Any person, other than the one who by law is given the
10authority of a peace officer, who willfully wears, exhibits, or uses
11the badge of a peace officer with the intent of fraudulently
12impersonating a peace officer, or of fraudulently inducing the
13belief that he or she is a peace
officer, is guilty of a misdemeanor
14punishable by imprisonment in a county jail not to exceed one
15year, by a fine not to exceed two thousand dollars ($2,000), or by
16both that imprisonment and fine.
17(2) Any person who willfully wears or uses any badge that
18falsely purports to be authorized for the use of one who by law is
19given the authority of a peace officer, or which so resembles the
20authorized badge of a peace officer as would deceive any ordinary
21reasonable person into believing that it is authorized for the use
22of one who by law is given the authority of a peace officer, for the
23purpose of fraudulently impersonating a peace officer, or of
P3 1fraudulently inducing the belief that he or she is a peace officer,
2is guilty of a misdemeanor punishable by imprisonment in a county
3jail not to exceed one year, by a fine not to exceed two thousand
4dollars
($2,000), or by both that imprisonment and fine.
5(c) (1) Except as provided in subdivision (d), any person who
6willfully wears, exhibits, or uses, or who willfully makes, sells,
7loans, gives, or transfers to another, any badge, insignia, emblem,
8device, or any label, certificate, card, or writing, which falsely
9purports to be authorized for the use of one who by law is given
10the authority of a peace officer, or which so resembles the
11authorized badge, insignia, emblem, device, label, certificate, card,
12or writing of a peace officer as would deceive an ordinary
13reasonable person into believing that it is authorized for the use
14of one who by law is given the authority of a peace officer, is guilty
15of a misdemeanor punishable by imprisonment in a county jail not
16to exceedbegin delete one year,end deletebegin insert
six months,end insert by a fine not to exceed two
17thousand dollars ($2,000), or by both that imprisonment and fine,
18except that any person who makes or sells any badge under the
19circumstances described in this subdivision is subject to a fine not
20to exceed fifteen thousand dollars ($15,000).
21(2) A local law enforcement agency in the jurisdiction that files
22charges against a personbegin delete ofend deletebegin insert forend insert a violation of paragraph (1) shall
23seize the badge, insignia, emblem, device, label, certificate, card,
24or writing described in paragraph (1).
25(3) Any person who is convicted of a violation of paragraph (1)
26on or after January 1, 2015, shall be disqualified from holding
27public office in this state.
28(d) (1) The head of an agency that employs peace officers, as
29defined in Sections 830.1 and 830.2, is authorized to issue
30identification in the form of a badge, insignia, emblem, device,
31label, certificate, card, or writing that clearly states that the person
32has honorably retired following service as a peace officer from
33that agency. The identification authorized pursuant to this
34subdivision is separate and distinct from the identification
35authorized by Article 2 (commencing with Section 25450) of
36Chapter 2 of Division 5 of Title 4 of Part 6.
37(2) If the head of an agency issues a badge to an honorably
38retired peace officer that is not affixed to a plaque or other
39memento commemorating the retiree’s service for the agency, the
P4 1words “Honorably Retired” shall
be clearly visible above,
2underneath, or on the badge itself.
3(3) The head of an agency that employs peace officers as defined
4in Sections 830.1 and 830.2 is authorized to revoke identification
5granted pursuant to this subdivision in the event of misuse or abuse.
6(4) For the purposes of this subdivision, the term “honorably
7retired” does not include an officer who has agreed to a service
8retirement in lieu of termination.
9(e) (1) Vendors of law enforcement uniforms shall verify that
10a person purchasing a uniform identifying a law enforcement
11agency is an employee of the agency identified on the uniform.
12Presentation and examination of a valid identification card with a
13picture of the person purchasing
the uniform and identification,
14on the letterhead of the law enforcement agency, of the person
15buying the uniform as an employee of the agency identified on the
16uniform shall be sufficient verification.
17(2) Any uniform vendor who sells a uniform identifying a law
18enforcement agency, without verifying that the purchaser is an
19employee of the agency, is guilty of a misdemeanor, punishable
20by a fine of not more than one thousand dollars ($1,000).
21(3) This subdivision shall not apply if the uniform is to be used
22solely as a prop for a motion picture, television, video production,
23or a theatrical event, and prior written permission has been obtained
24from the identified law enforcement agency.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution for certain
27costs that may be incurred by a local agency or school district
28because, in that regard, this act creates a new crime or infraction,
29eliminates a crime or infraction, or changes the penalty for a crime
30or infraction, within the meaning of Section 17556 of the
31Government Code, or changes the definition of a crime within the
32meaning of Section 6 of Article XIII B of the California
33Constitution.
34However, if the Commission on State Mandates determines that
35this act contains other costs
mandated by the state, reimbursement
36to local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.
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