BILL ANALYSIS
AB 1448
Page 1
Date of Hearing: April 17, 2007
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 1448 (Niello) - As Introduced: February 23, 2007
SUMMARY : Requires law enforcement uniform vendors to verify
that a person buying a uniform is an employee of the law
enforcement agency identified on the uniform. Specifically,
this bill :
1)Requires vendors of law enforcement uniforms verify that a
person purchasing a uniform identifying a law enforcement
agency is an employee of the agency identified on the uniform.
2)States 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.
3)Mandates any person or uniform vendor who sells a uniform
identifying a law enforcement agency without verifying that
the purchaser is an employee of the agency and without
verifying that the purchaser is an employee of the agency is
guilty of a misdemeanor punishable by up to six months in the
county jail.
4)Creates an exception for uniforms 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.
EXISTING LAW :
1)States 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
AB 1448
Page 2
officer, is guilty of a misdemeanor. [Penal Code Section
538d(a).]
2)Affirms that 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 $2,000; or by both that imprisonment and fine. [Penal
Code Section 538d(b)(1).]
3)Asserts 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 $2,000; or by both
that imprisonment and fine. [Penal Code Section 538d(b)(2).]
4)Affirms 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 $15,000. [Penal Code Section 538(c).]
5)Avows that any person who falsely represents himself or
herself to be a deputy or clerk in any state department and
who, in that assumed character, does any of the following is
guilty of a misdemeanor punishable by imprisonment in a county
AB 1448
Page 3
jail not exceeding six months; by a fine not exceeding $2,500;
or both the fine and imprisonment [Penal Code Section
146a(a)]:
a) Arrests, detains, or threatens to arrest or detain any
person [Penal Code Section 146a(a)(1)];
b) Otherwise intimidates any person [Penal Code Section
146a(a)(2)];
c) Searches any person, building, or other property of any
person [Penal Code Section 146a(a)(3)]; or,
d) Obtains money, property, or other thing of value.
[Penal Code Section 146a(a)(4).]
6)Declares any person who falsely represents himself or herself
to be a public officer, investigator, or inspector in any
state department and who, in that assumed character, does any
of the following shall be punished by imprisonment in a county
jail not exceeding one year, by a fine not exceeding $2,500;
by both that fine and imprisonment; or by imprisonment in the
state prison [Penal Code Section 146a(b)]:
a) Arrests, detains, or threatens to arrest or detain any
person [Penal Code Section 146a(b)(1)];
b) Otherwise intimidates any person [Penal Code Section
146a(b)(2)];
c) Searches any person, building, or other property of any
person [Penal Code Section 146a(b)(3)]; or,
d) Obtains money, property, or other thing of value.
[Penal Code Section 146a(b)(4).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill
requires vendors of law enforcement uniforms to verify the law
enforcement affiliation of persons purchasing said uniforms.
This bill will limit the opportunity for a person who is not a
uniformed employee of law enforcement to purchase a uniform
AB 1448
Page 4
and will conceivably cut down on incidences of persons posing
as police officers in order to commit crimes. The impetus for
the bill was a situation in Sacramento County in which a
security guard stated to a Sacramento police officer that he
was a Sacramento deputy sheriff and worked as a security guard
as a second job. An investigation was conducted and a
complete uniform was discovered in the person's home. Prior
to this investigation, for several months, there were
instances where women were being stopped on the roads in
Sacramento County by a person in a sheriff's deputy uniform.
In some cases, the women were being assaulted. This bill is
one step toward preventing these kinds of situations from
occurring in the future and will help to ensure that the
public has trust in the validity of the law enforcement
uniform."
2)Background : According to background supplied by author, "This
bill requires vendors of law enforcement uniforms to verify
the law enforcement affiliation of persons purchasing said
uniforms.
"Recently, in Sacramento County, a security guard stated to a
Sacramento police officer that he was a Sacramento deputy
sheriff and worked as a security guard as a second job. An
investigation was conducted and the person agreed to allow a
Sacramento sheriff's investigator to search his home. A
complete Sacramento County sheriff's uniform was discovered
which included a pair of trousers, a shirt with departmental
shoulder patches, a stitched badge identical to a departmental
deputy sheriff's badge and the person's name stitched above
the left-hand pocket.
"Prior to this investigation, for several months, there were
instances where women were being stopped on the roads in
Sacramento County by a person in a sheriff's deputy uniform.
In some cases, the women were being assaulted. The
investigation was unable to produce evidence to tie these
crimes to the person who had the uniform. However, these
incidents involving a person impersonating a deputy sheriff
has stopped.
"This bill will limit the opportunity for a person who is not a
uniformed employee of law enforcement to purchase a uniform
without their employment being verified. This will
conceivably cut down on incidences of persons posing as police
AB 1448
Page 5
officers in order to commit crimes.
"This bill will:
a) "Ensure that vendors of law enforcement uniforms verify
that a person purchasing a uniform that identifies a law
enforcement agency is an employee of the law enforcement
agency identified on the uniform; and,
b) Declare that any person or uniform vendor who sells a
uniform that identifies a law enforcement agency without
verifying the person is an employee of that organization is
guilty of a misdemeanor.
3)Receivership/Overcrowding Jail Crisis Aggravation : California
faces a dangerous jail overcrowding crisis which is
unprecedented. As explained in the Little Hoover Commission
report, "Solving California's Corrections Crisis: Time is
Running Out" (January 2007), "California's correctional system
is in a tailspin that threatens public safety and raises the
risk of fiscal disaster. The failing correctional system is
the largest and most immediate crisis facing policy-makers . .
. . "
Twenty California counties are operating under jail population
caps. According to the State Sheriffs' Association, "Counties
are currently releasing 18,000 pre- and post-sentenced inmates
every month and many counties are so overcrowded they do not
accept misdemeanor bookings in any form . . . . " [Analysis
of the 2007-08 Budget Bill: Judicial and Criminal Justice,
Legislative Analyst's Office (February 21, 2007).]
In January of this year, the Legislative Analyst's Office
summarized the trajectory of California's inmate population
over the last two decades: "During the past 20 years, jail
and prison populations have increased significantly. County
j ail populations have increased by about 66% over that period,
an amount that has been limited by court-ordered population
caps." ["California's Criminal Justice System: A Primer,"
Legislative Analyst's Office (January 2007).]
Based upon the aforementioned facts concerning the state's jail
crisis, careful consideration must be made before creating a
new misdemeanor upon vendors of law enforcement uniforms who
sell without verification.
AB 1448
Page 6
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association
Peace Officers Research Association of California
Sacramento County Sheriff
Opposition
None
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744