[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2315 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2315

    To amend title 18, United States Code, with respect to certain 
    prohibitions relating to police badges, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2003

  Mr. Weiner introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, with respect to certain 
    prohibitions relating to police badges, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Badge Security Enhancement Act of 
2003''.

SEC. 2. POLICE BADGES.

    Section 716 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking paragraphs (2) and (4); and
                    (B) by redesignating paragraph (3) as paragraph 
                (2); and
            (2) by adding at the end the following:
    ``(d)(1) Whoever receives, in interstate or foreign commerce, a 
genuine or counterfeit police badge shall provide a certification of 
the intended use of that badge to the person or entity from which the 
badge is received.
    ``(2) Whoever knowingly transfers or transports in interstate or 
foreign commerce, a genuine or counterfeit police badge shall obtain 
written permission from the agency represented on the badge before 
doing so.
    ``(3) The Attorney General shall, by rule made on the record, 
establish additional procedures for the transfer or transportation of 
genuine and counterfeit police badges in interstate or foreign commerce 
to assure that a genuine or counterfeit police badge is not acquired 
under false pretenses that the badge will be used or is intended to be 
used for a purpose described in subsection (b) but then diverted to 
illegal purposes.
    ``(4) Whoever knowingly engages in conduct that violates paragraph 
(1) or (2), or a rule made under paragraph (3), shall be fined under 
this title or imprisoned not more than 6 months, or both.
    ``(5) This section shall not apply to the use of a genuine or 
counterfeit badge in the fictitious or historical visual depiction of 
either a public officer or employee.''.
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