BILL ANALYSIS
AB 388
Page 1
Date of Hearing: March 31, 2009
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 388 (Miller) - As Amended: March 26, 2009
SUMMARY : Requires vendors of uniforms to verify that the
purchaser of a uniform identifying a firefighting agency or
department is an employee of the agency or department identified
on the uniform. Specifically, this bill :
1)Provides that vendors of uniforms shall verify that that the
purchaser of a uniform identifying a firefighting agency or
department is an employee of the agency or department
identified on the uniform.
2)States that examination of a valid photo identification card
issued by a firefighting agency or department that designates
the person as an employee or authorized member of the agency
or department identified on the uniform shall be sufficient
verification.
3)Provides that if a person purchasing a uniform does not have a
valid photo card issued by a firefighting agency, the person
shall present an official letter of authorization from the
firefighting agency or department. The person shall also
present a government issued photo identification card bearing
the same name as listed in the letter of authorization issued
by the agency or department.
4)Provides that any uniform vendor that sells a uniform
identifying a firefighting agency or department without
verifying that the purchaser is an employee of the agency is
guilty of a misdemeanor, punishable by a fine not to exceed
$1,000.
5)Exempts uniforms that are 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 from the
identified agency or department.
AB 388
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EXISTING LAW :
1)Requires vendors of law enforcement uniform to verify that
that the purchaser of a uniform identifying a law enforcement
agency is an employee of the agency identified on the uniform,
and provides that any uniform vendor that 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 not to exceed $1,000.
2)Provides any person who unlawfully wears, exhibits, or uses
the badge, emblem, insignia, or card of an officer or member
of a fire department with fraudulent intent is guilty of a
misdemeanor, punishable by up to six months in the county
jail; by a fine not to exceed $1,000; or by both. (Penal Code
Section 538e.)
3)Provides that any person who wears, exhibits, or uses the
badge, emblem, insignia, or card which falsely purports to be
that of an officer or member of a fire department is guilty of
a misdemeanor, punishable by up to six months in the county
jail; by a fine not to exceed $1,000; or by both. (Penal Code
Section 538e.)
4)Provides any person who unlawfully wears, exhibits, or uses
the uniform, emblem, insignia, or card of a peace officer with
fraudulent intent is guilty of a misdemeanor punishable by up
to six months in the county jail; by a fine not to exceed
$1,000; or by both. [Penal Code Section 538d(a).]
5)Provides that any person who wears, exhibits, or uses the
badge of a peace officer with fraudulent intent is guilty of a
misdemeanor punishable by up to one year in the county jail;
by a fine not to exceed $1,000; or by both. [Penal Code
Section 538d(b)(1).]
6)Provides that any person who wears, exhibits, or uses any
badge, which falsely purports to be that of a peace officer is
guilty of a misdemeanor, punishable by up to one year in the
county jail; by a fine not to exceed $1,000; or by both.
[Penal Code Section 538d(b)(2).]
7)States that the willful manufacture, sale, loan, or transfer
of any badge, emblem, insignia, or card falsely purporting to
be that of a peace officer is guilty of a misdemeanor,
AB 388
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punishable by up to six months in the county jail; by a fine
not to exceed $15,000; or by both. [Penal Code Section
538d(c).]
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "Under current law, police
officers are required to submit identification when purchasing a
police uniform in order to verify that they are an employee or
authorized member of the department. This bill would simply
make the same requirement for firefighters. There have been
numerous cases across the State and country where people
attempting to impersonate a firefighter have walked in off the
street and purchased a uniform (see attached). In the post
-9/11 world we live in, this is a simple and cost-effective way
to help fight would be criminals or terrorists and ensure that
only authorized public safety officers are able to acquire
official uniforms."
REGISTERED SUPPORT / OPPOSITION :
Support
California State Firefighters' Association, Inc.
Opposition
None received
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744