BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1448|
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THIRD READING
Bill No: AB 1448
Author: Niello (R)
Amended: 7/16/07 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 7/10/07
AYES: Romero, Cogdill, Margett, Ridley-Thomas
NO VOTE RECORDED: Cedillo
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 05/17/07 - See last page for vote
SUBJECT : Peace officers: uniforms
SOURCE : Sacramento County Sheriffs Department
DIGEST : This bill creates a new misdemeanor, punishable
by a fine of up to $1,000 for a vendor of law enforcement
uniforms to sell a uniform identifying a law enforcement
agency without first verifying that a person purchasing a
uniform is an employee of the agency identified on the
uniform.
ANALYSIS : Existing law provides that nay 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
CONTINUED
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fraudulently inducing the belief that he or she is a peace
officer, is guilty of a misdemeanor.
Existing law provides 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 t exceed $2,000, or by both that
imprisonment and fine.
Existing law provides that 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 bade 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.
Existing law provides that 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 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.
Existing law provides that any person who falsely
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represents himself o 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 jail not exceeding six months,
by a fine not exceeding $2,500, or both the fine and
imprisonment:
1.Arrests, detains, or threatens to arrest or detain any
person.
2.Otherwise intimidates any person.
3.Searches any person, building, or other property of any
person.
4.Obtains money, property, or other thing of value.
Existing law provides that 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, or by both that
fine and imprisonment, or by imprisonment in the state
prison:
1.Arrests, detains, or threatens to arrest or detain any
person.
2.Otherwise intimidates any person.
3.Searches any person, building, or other property of any
person.
4.Obtains money, property, or other thing of value.
Existing law provides that any person who without authority
impersonates, or wears the badge of, a member of the
Department of the California Highway Patrol with intention
to deceive anyone is guilty of a misdemeanor.
This bill provides that it will be a misdemeanor,
punishable by a fine of up to $1,000 for a vendor of law
enforcement uniforms to sell a uniform identifying law
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enforcement agency without first verifying that a person
purchasing a uniform is an employee of the agency
identified on the uniform.
This bill provides that 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/20/07)
Sacramento County Sheriff's Department (source)
Peace Officer Research Association of California
California State Sheriff's Association
ARGUMENTS IN SUPPORT : According to the author's office,
"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
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conceivably cut down on incidences of persons posing as
police officers in order to commit crimes."
ASSEMBLY FLOOR :
AYES: Adams, Aghazarian, Anderson, Arambula, Bass, Beall,
Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,
Charles Calderon, Carter, Cook, Coto, Davis, De La Torre,
De Leon, DeSaulnier, DeVore, Duvall, Dymally, Emmerson,
Eng, Evans, Feuer, Fuller, Gaines, Galgiani, Garcia,
Garrick, Hancock, Hayashi, Hernandez, Horton, Houston,
Huff, Huffman, Jeffries, Jones, Karnette, Keene,
Krekorian, La Malfa, Laird, Leno, Levine, Lieber, Lieu,
Ma, Maze, Mendoza, Mullin, Nakanishi, Nava, Niello,
Parra, Plescia, Portantino, Sharon Runner, Salas,
Saldana, Smyth, Solorio, Spitzer, Strickland, Swanson,
Torrico, Tran, Walters, Wolk, Nunez
NO VOTE RECORDED: Price, Richardson, Ruskin, Silva, Soto,
Villines, Vacancy
RJG:cm 8/20/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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