BILL ANALYSIS
AB 2471
Page 1
ASSEMBLY THIRD READING
AB 2471 (John A. Perez)
As Amended April 27, 2010
Majority vote
TRANSPORTATION 13-0 APPROPRIATIONS 13-0
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|Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Ammiano, |
| |Jeffries, | |Bradford, |
| |Bill Berryhill, | |Charles Calderon, Coto, |
| |Blumenfield, Buchanan, | |Davis, |
| |Eng, Furutani, Galgiani, | |De Leon, Hall, Miller, |
| |Hayashi, Miller, Niello, | |Skinner, Solorio, |
| |Portantino, Solorio | |Torlakson, Torrico |
| | | | |
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SUMMARY : Criminalizes the sale of documents that purport to
confer the driving privilege. Specifically, this bill :
1)Makes it unlawful to manufacture or sell a document that
purports to confer the same privileges as identification (ID)
cards or driver's licenses issued by the Department of Motor
Vehicles (DMV).
2)Specifies that a violation of these provisions is a
misdemeanor requiring the court to impose a fine of not less
than $250 and not more than $1,000, plus 24 hours of community
service to be served when the person is not employed or is not
attending school.
3)Prohibits any part of the fine or community service to be
suspended or waived.
4)Allows a court, at its discretion, to impose a jail term of up
to one year and a fine of up to $1,000 in lieu of the
penalties specified above after consideration of the extent of
the defendant's commercial motivation for the offense.
5)Provides that imposition of these penalties would not preclude
prosecution under any other applicable provision of law.
EXISTING LAW :
AB 2471
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1)Makes it unlawful to:
a) Display or cause or permit to be displayed or have in
one's possession any canceled, fictitious, fraudulently
altered, or fraudulently obtained driver's license or ID
card;
b) Lend a driver's license or ID card to any other person
or knowingly permit its use by another;
c) Display or represent any driver's license or ID card not
issued to a particular person as being his or her card;
d) Permit any unlawful use of one's driver's license or ID
card;
e) Photograph, photostat, duplicate, or in any way
reproduce any driver's license or ID card or facsimile
thereof in such a manner that it could be mistaken for a
valid driver's license or ID card, or to display or have in
one's possession any such photograph, photostat, duplicate,
reproduction, or facsimile unless authorized by statute;
or,
f) Alter any driver's license or ID card in any manner not
authorized by statute.
2)Prohibits the manufacture or sale a document of a size and
form substantially similar to the driver's licenses or ID
cards issued by DMV.
3)Makes a violation of these provisions a misdemeanor punishable
by a fine of up to $1,000 and 24 hours of community service.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, there will be negligible state costs as well
as local enforcement costs that are not reimbursable.
COMMENTS : The author has introduced this bill to deal with the
illicit practice of selling false identification documents.
While existing law already prohibits the sale or manufacture of
counterfeit driver's license and IDs, there are other documents
offered for sale - often to unknowing recent immigrants - that
purport to grant the driving privilege or serve as official
AB 2471
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identification. The buyers are believed to purchase these
documents in the na?ve belief that they are sanctioned by the
state and meet all official requirements. This bill would make
it clear that such a practice is illegal.
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093
FN: 0004201