BILL NUMBER: AB 1448	CHAPTERED
	BILL TEXT

	CHAPTER  241
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2007
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2007
	PASSED THE SENATE  AUGUST 30, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 5, 2007
	AMENDED IN SENATE  JULY 16, 2007
	AMENDED IN SENATE  JUNE 11, 2007

INTRODUCED BY   Assembly Member Niello

                        FEBRUARY 23, 2007

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1448, Niello. Peace officers: impersonation: uniforms.
   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 require law enforcement uniform vendors to verify
that a person buying a uniform is an employee of the law enforcement
agency identified on the uniform. This bill would make it a crime for
a vendor selling a law enforcement uniform to fail to verify the
person buying the uniform is an employee of the law enforcement
agency identified on the uniform, unless the uniform is sold as a
prop, as specified.
   Because this bill would create a new crime, it would impose a
state-mandated local program.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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) (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
by the identified law enforcement agency.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.