BILL ANALYSIS
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THIRD READING
Bill No: AB 2471
Author: John A. Perez (D)
Amended: 4/27/10 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-1, 6/22/10
AYES: Leno, Cogdill, Cedillo, Hancock, Steinberg, Wright
NOES: Huff
ASSEMBLY FLOOR : 77-0, 5/13/10 - See last page for vote
SUBJECT : Vehicles: identification cards and drivers
licenses
SOURCE : Author
DIGEST : This bill changes the penalties for
manufacturing a fake California driver's license or I.D.
car and to clarify that it is illegal to manufacture or
sell a card that purports to confer the same privileges as
a license or card issued by DMV.
ANALYSIS : Existing law provides that no person shall
manufacture or sell an identification document of a size
and form substantially similar to the identification cards
issued by the Department of Motor Vehicles (DMV). (Vehicle
Code 13004.1)
Existing law provides that no person shall manufacture or
sell an identification document of a size and form
CONTINUED
AB 2471
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substantially similar to the drivers' licenses issued by
the DMV. A violation is a misdemeanor punishable by a fine
$1,000, no part of which shall be suspended, and the person
shall be required to perform not less than 24 hours of
community service. (Vehicle Code 14610.1.)
This bill provides that a person shall also not manufacture
or sell a document that "purports to confer the same
privileges as" a DMV issued driver's license or
identification card.
This bill provides instead that the punishment for Vehicle
Code Sections 13004.1 and 14610.1 shall be as follows:
1.The court shall impose a fine of not less than $250 and
not more than $1,000 plus penalty assessments and 24
hours of community service, to be served when the person
is not employed or is not attending school, no part of
which can be waived.
2.In lieu of the above penalties, the court in its
discretion may impose a jail term of up to one year and a
fine of up to $1,000 plus penalty assessments.
This bill provides that in exercising its discretion to
sentence a person to jail, the court shall consider the
extent of the defendant's commercial motivation for the
offense.
This bill provides that prosecution under one of these
sections shall not preclude prosecution under any other
applicable provision of law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/2/10)
California Fraternal Order of Police
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Los Angeles County Sheriff
Los Angeles District Attorney's Association
Santa Ana Police Officers Association
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OPPOSITION : (Verified 8/2/10)
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author's office:
This bill is needed in response to incidents involving
constituents that have been approached by businesses
selling official looking identification cards
purported to confer the same rights and privileges as
government issued driver's licenses (DL) and
identification cards (ID).
While existing statute speaks to the criminality of
selling and manufacturing identification cards that
look similar in size, color, etc, to cards issued by
the Department of Motor Vehicles (DMV), current law
does not specify that it is also illegal to imply that
the cards "confer the same privileges" as licenses and
identification cards issued by DMV. AB 2471
addresses this deficiency in state law.
According to the Los Angeles District Attorney's Office:
AB 2471 will provide prosecutors with a tool to combat
this deceptive and fraudulent practice that targets
innocent parties who believe they are obtaining
government authorized documents.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Smyth, Solorio, Audra Strickland,
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Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Norby, Skinner, Vacancy
RJG:nl 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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