[Congressional Record (Bound Edition), Volume 145 (1999), Part 13]
[Extensions of Remarks]
[Pages 18866-18867]
[From the U.S. Government Publishing Office, www.gpo.gov]



        H.R. 2633--THE POLICE BADGE FRAUD PREVENTION ACT OF 1999

                                 ______
                                 

                           HON. STEPHEN HORN

                             of california

                    in the house of representatives

                        Thursday, July 29, 1999

  Mr. HORN. Mr. Speaker, today I reintroduced H.R. 2633, the Police 
Badge Fraud Prevention Act, a bill intended to remove the state and 
local police badge from the reach of those who wish to use badges to 
commit crimes.
  If a man or woman in a police uniform knocks on your door and shows a 
badge, you wouldn't think twice about opening the door. But by doing 
so, you may be putting your family in danger. Counterfeit police 
badges--and fraudulently obtained real ones--have allowed criminals to 
invade people's homes and terrorize their families.
  In 1997, Los Angeles police arrested two men suspected of committing 
more than 30 home-invasion robberies by impersonating police officers. 
Among the more than 100 items confiscated from the suspects' home were 
official Los Angeles police badges.
  Despite state statutes against impersonating police officers, 
criminals appear to have disturbingly easy access to police badges and 
the means to manufacture counterfeit badges. The local Fox television 
affiliate in Los Angeles found out just how easy it is in an undercover 
investigation. The undercover reporter bought a fake Los Angeles Police 
Department badge from a dealer for $1,000, a fake California Highway 
Patrol badge for $40, and for $60 a fake badge from the police 
department of Signal Hill (a city in my Congressional District).
  The threat of counterfeit police badges reaches across state lines. 
Criminals can purchase badges on the Internet and through mail-order 
catalogs. The interstate nature of the counterfeit badge market calls 
for a national response to this problem. There is currently no federal 
law dealing with counterfeit badges of state and local law enforcement 
agencies.
  H.R. 2633, the Police Badge Fraud Prevention Act, would ban the 
interstate or foreign trafficking of counterfeit badges and genuine 
badges (among those not authorized to possess a genuine badge). This 
legislation would complement state statutes against impersonating a 
police officer, addressing in particular the problems posed by Internet 
and mail-order badge sales. The bill is similar to H.R. 4282 in the 
105th Congress. The new version of the bill includes exceptions for 
cases where the badge is used exclusively in a collection or exhibit; 
for decorative purposes; or for a dramatic presentation, such as a 
theatrical, film, or television production. The Fraternal Order of 
Police is endorsing this bill.
  Misuse of the badge reduces public trust in law enforcement and 
endangers the public. This bill should be enacted to stop criminals 
from using this time-honored symbol of law enforcement for illegal 
purposes.
  I am delighted to have the following co-sponsors. They are: Mrs. 
Morella, Mr. Ramstad, Mr. Shows, Mr. Barcia, Mr. Holden, Mrs. Kelly, 
Mr. Inslee, Mr. Visclosky, Mr. Gene Green, Mr. Kolbe, Mr. Luther, Mr. 
English, Mr. Adam Smith, Mr. Stupak, Ms. Danner, Mr. Ose, Mr. Reyes, 
Ms. Berkley, and Mr. Gary Miller.
  I urge my colleagues to co-sponsor this legislation and urge the 
House to pass it.
  Mr. Speaker, the text of H.R. 2633 is short. It follows:

                               H.R. 2633

        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 ``Police Badge Fraud 
     Prevention Act of 1999''

     SEC. 2. POLICE BADGES.

       (a) In General.--Chapter 33 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 716. POLICE BADGES

       ``(a) Whoever--
       ``(1) knowingly transfers, transports, or receives, in 
     interstate or foreign commerce, a counterfeit police badge;
       ``(2) knowingly transfers, in interstate or foreign 
     commerce, a genuine police badge to an individual not 
     authorized to possess it under the law of the place in which 
     the badge is the official badge of the police;
       ``(3) knowingly receives a genuine police badge in a 
     transfer prohibited by paragraph (2); or
       ``(4) being a person not authorized to possess a genuine 
     police badge under the law of the place in which the badge is 
     the official badge of the police, knowingly transports that 
     badge in interstate or foreign commerce;
     shall be fined under this title or imprisoned not more than 
     180 days, or both.

[[Page 18867]]

       ``(b) It is a defense to a prosecution under this section 
     that the badge is used exclusively--
       ``(1) in a collection or exhibit;
       ``(2) for decorative purposes; or
       ``(3) for a dramatic presentation, such as theatrical, 
     film, or television production.
       ``(c) As used in this section--
       ``(1) the term `genuine police badge' means an official 
     badge issued by public authority to identify an individual as 
     a law enforcement officer having police powers; and
       ``(2) the term `counterfeit police badge' means an item 
     that so resembles a police badge that it would deceive an 
     ordinary individual into believing it was a genuine police 
     badge.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 33 of title 18, United States Code, is 
     amended by adding at the end the following new item:

       ``716. Police badges.''.

       

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