BILL ANALYSIS
AB 1448
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1448 (Niello)
As Amended July 16, 2007
Majority vote
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|ASSEMBLY: |73-0 |(May 17, 2007) |SENATE: |39-0 |(August 30, |
| | | | | |2007) |
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Original Committee Reference: PUB. S.
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, and makes it a
misdemeanor to fail to verify identity.
The Senate amendments :
1)Clarify that only vendors of law enforcement uniforms can be
criminally liable.
2)Make the misdemeanor only punishable by a $1,000 fine.
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/she is a peace
officer, is guilty of a misdemeanor.
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.
3)Asserts any person who willfully wears or uses any badge that
falsely purports to be authorized for the use of one who by
AB 1448
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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.
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required 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)Stated 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)Mandated 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.
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4)Created 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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 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."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0002391