BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair S
2005-2006 Regular Session B
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SB 1455 (Hollingsworth) 5
As Amended March 27, 2006
Hearing date: April 18, 2006
Penal Code
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IMPERSONATING A PEACE OFFICER
ENHANCEMENTS FOR SPECIFIED FELONIES
HISTORY
Source: Author
Prior Legislation: SB 1942 (Karnette) - Ch. 430, Stats. 2000
SB 1390 (Kopp) - Ch. 279, Stats. 1998
Support: California State Sheriff's Association; California
District Attorneys Association; San Bernardino County
Sheriff; San Diego County Sheriff; Riverside County
Sheriff; Crime Victims United of California
Opposition:Taxpayers for Improving Public Safety
KEY ISSUE
SHOULD A FIVE-YEAR ENHANCEMENT BE IMPOSED IN A PRISON SENTENCE FOR
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KIDNAPPING AND SPECIFIED SEX CRIMES WHERE THE DEFENDANT IMPERSONATED
A PEACE OFFICER?
PURPOSE
The purpose of this bill is to define a five-year enhancement of
sentence where the perpetrator of a kidnapping or a specified
sex offense impersonated a peace officer in committing the
offense.
Existing law prohibits any person from falsely representing
himself or herself as a public officer, investigator, or
inspector in any state department in order to arrest, threaten
to arrest, intimidate, or search any person. Punishable as
either a misdemeanor (up to six months in a county jail and/or
$2,500 fine) or an alternative misdemeanor/felony, as specified
(up to one year in county
jail and/or $2,500 fine or imprisonment in the state prison for
16 months, 2, or 3 years). (Pen. Code 146a.)
Existing law prohibits any person from impersonating or wearing
the badge of a member of the California Highway Patrol with the
intention to deceive anyone. Violations are punishable as a
misdemeanor (up to six months in a county jail and/or up to a
fine of $1,000). (Veh. Code 27.)
Existing law provides that any person who fraudulently wears any
law enforcement uniform, badge, emblem, et cetera, with the
intent of fraudulently impersonating a peace officer is guilty
of a misdemeanor, punishable by imprisonment in a county jail
for up to 1 year, a fine of up to $2,000, or both. This crime
applies where the uniform, badge, emblem, et cetera, appears to
be authentic, but is not. A person, who makes or sells a fake
law enforcement badge, emblem, et cetera, is liable for a fine
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of up to $15,000. (Pen. Code 538d.)
Existing law provides that any person who impersonates a peace
officer in the commission of a felony shall receive a one-year
enhancement of sentence for the felony, in lieu of the
punishment under section 538d. (Pen. Code 667.17.)
This bill provides that a person who impersonates a peace
officer during the commission of the felonies listed below shall
receive a five-year enhancement of sentence for the underlying
felony:
Kidnapping
Aggravated kidnapping for robbery or sex crimes
Assault with intent to commit mayhem or a sex crime
Sexual battery
Rape
Sex crimes in concert
Sodomy
Lewd conduct
Oral copulation
Continuous sexual abuse of a child<1>
Aggravated sexual assault of a child.
COMMENTS
1. Need for This Bill
According to the author:
Recent news reports detail how someone impersonating a
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<1> This appears to be an odd offense to be included in this
enhancement. Continuous sexual abuse is a crime committed by a
relative or other person who has continuing access to a child.
The sexual acts constituting continuous sexual abuse must occur
over at least three months time. Perhaps the author can provide
examples of how the enhancement for impersonating a peace
officer would apply to continuous sexual abuse of a child.
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CHP officer was pulling over drivers on Bay Area
freeways. A man in a dark SUV, complete with flashing
lights, would get drivers to stop. The man would
ultimately take the victim's wallet and flee.
On another occasion in the Sacramento area, a woman
was followed by a vehicle - again, complete with a red
flashing light - that looked like a police car.
Believing she was being stopped by law enforcement,
the woman pulled over. A man, wearing some kind of
uniform and a utility belt, approached her car, asked
for her driver's license and asked her to exit her
vehicle. The woman was then sexually assaulted and
the perpetrator fled.
Stories like this are not unique, and illustrate the
genuine threat to public safety posed by persons who
impersonate police officers. Impersonating a police
officer is a common and insidious ruse. Criminals
know the average driver is "trained" to immediately
pull over when they believe that a law enforcement
officer is instructing them to do so. Furthermore,
most civilians have no idea what an authentic police
badge or uniform looks like.
If this crime proliferates, members of the public will
be apprehensive about stopping for anyone claiming to
be a police officer, especially if there is no "black
and white" squad car present. If a frightened citizen
thinks they may be accosted by a criminal posing as a
law enforcement officer, the citizen may flee - or
worse - thus exposing innocent bystanders to physical
harm.
2. Prior Similar Proposal in 2000 - SB 1942 (Karnette) Ch. 430,
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Stats. 2000, Would Have Imposed a 5, 7 of 10-Year Enhancement
for the Fraudulent Use of Law Enforcement Badge, Emblem, et
cetera, in a Serious or Violent Felony
As introduced, SB 1942 (Karnette) Chapter 430, Statutes of
2000), included an enhancement of 5, 7 or 10 years where a
defendant fraudulently used a peace officer badge or emblem in
the commission of a serious felony.<2> The 5, 7 or 10-year
enhancement was stripped from the bill. The analysis of SB 1942
noted that defendants who commit serious and violent felonies
receive relatively severe penalties. Serious and violent
felonies are qualifying felonies under the Three Strikes law.
In addition, a person convicted in the current case of a serious
felony (including any violent felony) shall receive a 5-year
enhancement of sentence for each prior serious felony
conviction. A defendant convicted of a violent felony can earn
prison sentencing credits of no more than 15%.
3. Cases Where a Peace Officer Commits Kidnapping or a Sex Crime
Through Abuse of Authority
This bill concerns cases where a person pretends to be a peace
officer in order to gain access to a vulnerable victim. The
bill does not address a related concern - the (rare) abuse of
actual peace officer status to allow an officer to commit a
serious crime.
Relatively recently a former Sacramento Police Officer was
convicted of multiple counts of sexual battery arising from
incidents in which the officer abused his authority so as to
sexually assault women. The former officer was sentenced to a
9-year prison term. Interested parties have noted that it is of
little consequence to a victim who has been pulled over on a
deserted road if the perpetrator of a rape was impersonating an
officer or was actually an officer. In one case, the
perpetrator uses purported authority to gain easy access to a
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<2> All violent felonies are serious felonies. Thus, the
reference to the serious felony list includes the list of
violent felonies.
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vulnerable victim. In the other, the perpetrator uses actual
authority to gain such access.
It appears that abuse of authority by police officers to commit
crimes is very rare. However, such crimes arguably erode the
trust of the public for the law and law enforcement as much as
or more than the erosion of trust and confidence caused by
perpetrators impersonating peace officers.
Committee staff has found the following crimes based on misuse
of authority by a peace officer:
Penal Code 118.1: A false report by a peace officer is an
alternate felony-misdemeanor (with a 1, 2 or 3 year term).
Penal Code 141: A peace officer who alters, plants, et
cetera, evidence and intends that it will be used in a
prosecution is guilty of a felony, punishable by 2, 3, or 5
years in prison.
Penal Code 142: A peace officer who willfully fails to take
a person into custody charged with a crime is guilty of an
alternate felony-misdemeanor.
Penal Code 145: A peace officer who willfully delays the
taking of an arrested person before a magistrate is guilty of
a misdemeanor.
Penal Code 146: Arrest by a peace officer without lawful
authority, or seizure of property without lawful authority, is
a misdemeanor.
Penal Code 149: A peace officer who, under color of
authority, assaults or beats any person is guilty of a
misdemeanor.
Counsel was unable to find a section providing for enhanced
penalties where a peace officer abused his or her authority or
status so as to enable officer to commit a felony or to make it
easier to commit the felony.
SHOULD AN ENHANCEMENT BE IMPOSED WHERE THE PERPETRATOR OF A SEX
CRIME OR KIDNAPPING ABUSED THE AUTHORITY OF HIS OR HER STATUS AS
A PEACE OFFICER TO GAIN ACCESS TO A VULNERABLE VICTIM AND COMMIT
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A SEX CRIME?
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