BILL ANALYSIS
SENATE COMMITTEE ON CRIMINAL PROCEDURE
Senator Milton Marks, Chair A
1995-96 Regular Session B
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AB 156 (Napolitano) 6
As amended March 30, 1995
Hearing date: June 6, 1995
Penal Code and Business and Professions Code
MLK:js
DOCUMENTS: DECEPTIVE IDENTIFICATION
HISTORY
Source: Los Angeles District Attorneys Office
Prior Legislation: AB 2417 (Napolitano, 1994) failed on the
Assembly floor
Support: California Secretary of State; California Attorney
General; City and County of
San Francisco (if amended); California District
Attorneys Association
Opposition: None
Assembly Floor Vote: Ayes 73 - Noes 0
KEY ISSUE
should the law prohibit the FURNISHING, transporting and importing of counterfeit
identification documents? (SEE COMMENT 7 FOR oTHREE STRIKESo IMPACT, WHICH DOES NOT
INCLUDE THE CREATION OF A NEW FELONY.)
PURPOSE
Under existing law production of a counterfeit government
seal, with the intent to defraud, or possession and willful
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concealment of a counterfeit government seal, knowing it is
counterfeit, is a wobbler punishable by 16 months, two or
three years in state prison, or by up to one year in county
jail. (Penal Code section 472.)
Under existing law the possession or use of a forged
driveros license or identification card with the intent to
commit forgery is a wobbler punishable by 16 months, two or
three years in state prison, or by up to one year in county
jail. (Penal Code section 470(b).)
Under existing law the selling or offering to sell a
government issued identification card or driveros license is
a misdemeanor punishable by imprisonment in county jail for
up to one year or by an escalating fine for subsequent
offenses, or both imprisonment and fine. A violation of this
offense by a person under the age of 21 years may also result
in the suspension of driving privileges for one year. (Penal
Code section 529.5.)
Under existing law the production, sale, or offer to sell a
deceptive identification document, without specified labeling
stating it is not a government document, is subject to an
injunction. If it is known or reasonably should be known
that the deceptive identification is to be used for a
fraudulent purpose, then such a violation is a wobbler
punishable by 16 months, two or three years in state prison,
or by up to one year in county jail. (Business and
Professions Code section 22430.)
This bill would also make the furnishing, transporting,
importing of a deceptive identification document which is not
specifically labeled that it is not a government document, or
offering to do any of these acts, a wobbler punishable by 16
months, two or three years in state prison, or by up to one
year in county jail. This bill adds these provisions to
existing Business and Professions Code section 22430 and adds
an identical section in the Penal Code.
The purpose of this bill is add to the provision prohibiting
the production and sale of fraudulent identification
documents a prohibition against the furnishing, transporting
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and importing of such documents.
COMMENTS
1. Need for the Bill.
The sponsor states that this bill fills in a loophole in
existing law.
Existing law only allows for the prosecution of persons who
possess, sale or manufacture deceptive identification
documents which are not specifically marked oNOT A GOVERNMENT
DOCUMENTo. According to the sponsor, the typical sale of a
fraudulent card involves anywhere from three to five sellers
and a buyer. The modus operandi is as follows: one seller
will solicit customers on the street and take orders, i.e.,
records the information the customer wants on the false card;
a second person operates as a runner who takes the
information from the seller to the omillo, where the false
card is made; often there is a supervisor who must approve
the quality of the card before the runner, a new person,
delivers the finished product to the customer.
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The sale of these documents is a complex operation, however,
not everyone in the chain can be prosecuted under existing
law. Thus, in the typical sale, only the runner who carries
the finished cards to the buyer, and the buyer can be
charged, assuming possession of the card can be shown through
willful concealment. The runner and salesperson on the
street who solicits the sale, records the information, and
collects the money are not charged with a crime.
The sponsor believes this bill would close that loophole by
including the furnishing, transportation, or importation of
fraudulent cards.
2. This Bill.
This bill adds to the existing Business and Professions Code
section which makes the sale or manufacture of odeceptive
identification documentso a wobbler the prohibition against
the furnishing, transporting or importing these documents, or
offering to do any of these things. It also adds to the
Penal Code a section identical to the one in the Business and
Professions Code.
3. Fraudulent Uses.
Fraudulent cards are used for a variety of reasons,
including but not limited to the following:
Undocumented workers from other countries purchase fake
cards to obtain work in California.
Persons seeking to cash stolen or forged checks obtain
fake identification cards to reflect the payee or
account name on the check.
Underage persons wanting to purchase alcohol obtain fake
identification to reflect an age of over 21 years.
Persons seeking fraudulent welfare payments are enabled
to do so with the assistance of fake social security
cards.
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4. Impact of the Bill.
Based on a survey of law enforcement agencies, the Los
Angeles projects an additional 120 arrests, 80 criminal
filings, 30 cases filed as a felony, 20 felony convictions
and 1-2 new state prison commitments per year if this bill is
enacted.
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5. Penal Code Section.
This bill brings the wording of Business and Professions Code
section 22430 to the Penal Code to make it more accessible to
prosecutors. Prosecutors do not usually refer to the
Business and Professions Code when filing charges. This
section will be part of the oForgery and Counterfeitingo
section of the Penal Code and thus be placed near similar
crimes.
6. City and County of San Francisco Amendment.
The City and County of San Francisco suggests that this bill
be amended to include restrictions on the sale of embossing
seals and pre-engraved security paper which bears the seal of
a government agency. Under existing law it is legal to sell
these items and thus people may produce official looking
documents without committing forgery. San Francisco notes
that this is a concern particularly in the area of birth
certificates.
7. Three-Strikes.
This bill does not create a new felony. It does broaden the
categories of who may be prosecuted under an existing felony.
That expanded category is arguably consistent with the
current law and is a oclarificationo of that law based upon
real world experience with the realities of the practice of
offenders.
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