Bill Text: CA AB388 | 2009-2010 | Regular Session | Chaptered
Bill Title: Firefighting uniforms.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 100, Statutes of 2009. [AB388 Detail]
Download: California-2009-AB388-Chaptered.html
BILL NUMBER: AB 388 CHAPTERED
BILL TEXT
CHAPTER 100
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JUNE 29, 2009
PASSED THE ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY MARCH 26, 2009
INTRODUCED BY Assembly Member Miller
FEBRUARY 23, 2009
An act to amend Section 538e of the Penal Code, relating to
firefighting uniforms.
LEGISLATIVE COUNSEL'S DIGEST
AB 388, Miller. Firefighting uniforms.
Existing law provides that any person, other than an officer or
member of a fire department, who willfully wears, exhibits, or uses
the authorized uniform of an officer or member of a fire department
or a deputy state fire marshal, with the intent of fraudulently
impersonating an officer or member of a fire department or the Office
of the State Fire Marshal, or of fraudulently inducing the belief
that he or she is an officer or member of a fire department or the
Office of the State Fire Marshal, is guilty of a misdemeanor.
This bill would require, subject to exceptions, that vendors of
firefighting uniforms verify that a person purchasing a uniform
identifying a firefighting agency or department is an employee or
authorized member of the agency or department identified on the
uniform, as specified. The bill would provide that violation of these
provisions would be a misdemeanor, punishable by a fine of not more
than $1,000.
By creating a new crime, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 538e of the Penal Code is amended to read:
538e. (a) Any person, other than an officer or member of a fire
department, who willfully wears, exhibits, or uses the authorized
uniform, insignia, emblem, device, label, certificate, card, or
writing of an officer or member of a fire department or a deputy
state fire marshal, with the intent of fraudulently impersonating an
officer or member of a fire department or the Office of the State
Fire Marshal, or of fraudulently inducing the belief that he or she
is an officer or member of a fire department or the Office of the
State Fire Marshal, is guilty of a misdemeanor.
(b) (1) Any person, other than the one who by law is given the
authority of an officer or member of a fire department, or a deputy
state fire marshal, who willfully wears, exhibits, or uses the badge
of a fire department or the Office of the State Fire Marshal with the
intent of fraudulently impersonating an officer, or member of a fire
department, or a deputy state fire marshal, or of fraudulently
inducing the belief that he or she is an officer or member of a fire
department, or a deputy state fire marshal, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to exceed
one year, by a fine not to exceed two thousand dollars ($2,000), or
by both that imprisonment and fine.
(2) 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 an officer or member of a fire department, or a deputy
state fire marshal, or which so resembles the authorized badge of an
officer or member of a fire department, or a deputy state fire
marshal 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 an officer or member of a fire department or a
deputy state fire marshal, for the purpose of fraudulently
impersonating an officer or member of a fire department, or a deputy
state fire marshal, or of fraudulently inducing the belief that he or
she is an officer or member of a fire department, or a deputy state
fire marshal, is guilty of a misdemeanor punishable by imprisonment
in a county jail not to exceed one year, by a fine not to exceed two
thousand dollars ($2,000), or by both that imprisonment and fine.
(c) 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 an officer, or member of a fire
department or a deputy state fire marshal, or which so resembles the
authorized badge, insignia, emblem, device, label, certificate, card,
or writing of an officer or member of a fire department or a deputy
state fire marshal as would deceive an ordinary reasonable person
into believing that it is authorized for use by an officer or member
of a fire department or a deputy state fire marshal, is guilty of a
misdemeanor, except that any person who makes or sells any badge
under the circumstances described in this subdivision is guilty of a
misdemeanor punishable by a fine not to exceed fifteen thousand
dollars ($15,000).
(d) Any person who, for the purpose of selling, leasing or
otherwise disposing of merchandise, supplies or equipment used in
fire prevention or suppression, falsely represents, in any manner
whatsoever, to any other person that he or she is a fire marshal,
fire inspector or member of a fire department, or that he or she has
the approval, endorsement or authorization of any fire marshal, fire
inspector or fire department, or member thereof, is guilty of a
misdemeanor.
(e) (1) Vendors of uniforms shall verify that a person purchasing
a uniform identifying a firefighting agency or department is an
employee or authorized member of the agency or department identified
on the uniform. 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.
(2) If a person purchasing a uniform does not have a valid photo
identification card issued by a firefighting agency or department,
the person shall present an official letter of authorization from the
firefighting agency or department designating that person as an
employee or authorized member of the 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.
(3) Any uniform vendor who sells a uniform identifying a
firefighting agency or department without verifying that the
purchaser is an employee or authorized member of the agency or
department is guilty of a misdemeanor, punishable by a fine of not
more than one thousand dollars ($1,000).
(4) This subdivision shall not apply if the uniform is 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 firefighting agency or department.
(f) This section shall not apply to either of the following:
(1) Use of a badge solely as a prop for a motion picture,
television, or video production, or an entertainment or theatrical
event.
(2) A badge supplied by a recognized employee organization as
defined in Section 3501 of the Government Code representing
firefighters or a state or international organization to which it is
affiliated.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
