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AB-156 Documents: deceptive identification.(1995-1996)



Current Version: 07/18/95 - Chaptered

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AB156:v96#DOCUMENT

Assembly Bill No. 156
CHAPTER 133

An act to amend Section 22430 of the Business and Professions Code, and to add Section 483.5 to the Penal Code, relating to documents.

[ Filed with Secretary of State  July 18, 1995. Approved by Governor  July 17, 1995. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 156, Napolitano. Documents: deceptive identification.
(1)  Existing law prohibits a deceptive identification document from being manufactured, sold, or offered for sale unless a statement is printed across the face of the document stating that the document is not a government document and the name of the manufacturer is printed on the document. A person who violates this provision and who knows or reasonably should know that the document will be used for fraudulent purposes is guilty of an offense punishable as a misdemeanor or a felony.
This bill additionally would prohibit a deceptive identification document from being furnished, offered to be furnished, transported, offered to be transported, or imported or offered to be imported into this state, unless the government document disclaimer and the name of the manufacturer are printed on the document. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. (2)  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 22430 of the Business and Professions Code is amended to read:

22430.
 (a)  No deceptive identification document shall be manufactured, sold, offered for sale, furnished, offered to be furnished, transported, offered to be transported, or imported or offered to be imported into this state unless there is diagonally across the face of the document, in not less than 14-point type and printed conspicuously on the document in permanent ink, the following statement:
 NOT A GOVERNMENT DOCUMENT

and, also printed conspicuously on the document, the name of the manufacturer.
(b)  As used in this section, “deceptive identification document” means any document not issued by a governmental agency of this state, another state, or the federal government, which purports to be, or which might deceive an ordinary reasonable person into believing that it is, a document issued by such an agency, including, but not limited to, a driver’s license, identification card, birth certificate, passport, or social security card.
(c)  Any person who violates or proposes to violate this section may be enjoined by any court of competent jurisdiction. Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any person.
(d)  Any person who violates the provisions of subdivision (a) who knows or reasonably should know that the deceptive identification document will be used for fraudulent purposes is guilty of a crime, and upon conviction therefor, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

SEC. 2.

 Section 483.5 is added to the Penal Code, to read:

483.5.
 (a)  No deceptive identification document shall be manufactured, sold, offered for sale, furnished, offered to be furnished, transported, offered to be transported, or imported or offered to be imported into this state unless there is diagonally across the face of the document, in not less than 14-point type and printed conspicuously on the document in permanent ink, the following statement:
 NOT A GOVERNMENT DOCUMENT

and, also printed conspicuously on the document, the name of the manufacturer.
(b)  As used in this section, “deceptive identification document” means any document not issued by a governmental agency of this state, another state, or the federal government, which purports to be, or which might deceive an ordinary reasonable person into believing that it is, a document issued by such an agency, including, but not limited to, a driver’s license, identification card, birth certificate, passport, or social security card.
(c)  Any person who violates or proposes to violate this section may be enjoined by any court of competent jurisdiction. Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any person.
(d)  Any person who violates the provisions of subdivision (a) who knows or reasonably should know that the deceptive identification document will be used for fraudulent purposes is guilty of a crime, and upon conviction therefor, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

SEC. 3.

 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.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.