SB 805

Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team, as specified. Existing law also prohibits willfully and credibly impersonating a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team through or on an internet website, or by other electronic means, for the purposes of defrauding another. A violation of these prohibitions is punishable as a misdemeanor.

This bill would revise and recast these provisions to prohibit impersonating a law enforcement officer, and would clarify that a law enforcement officer, for these purposes, includes a federal law enforcement officer. The bill would extend these offenses to include willfully and credibly impersonating any of those entities through any means for the purpose of defrauding another. By expanding the scope of a crime, this bill would impose a state-mandated local program.

This bill would, on and after January 1, 2026, require a law enforcement officer operating in California that is not uniformed to visibly display identification that includes their agency and either a name or badge number to the public when performing their enforcement duties, except as specified. The bill would make a violation of these provisions a misdemeanor. The bill would define personnel of a law enforcement agency as any peace officer under California law and any federal law enforcement officer. By creating a new crime and imposing duties on local law enforcement, this bill would impose a state-mandated local program.

The bill would require any law enforcement agency operating in California to, by January 1, 2026, maintain and publicly post a written policy on the visible identification of sworn personnel, including a purpose statement affirming the agency's commitment to specified principles including transparency, accountability, and public trust, and a requirement for sworn personnel to visibly display identification and for specified exceptions. The bill would exempt personnel of any agency from the crime for not displaying identification if an agency maintains a policy pursuant to these provisions. The bill would deem a policy consistent with that exception unless a member of the public, an oversight body, or a local governing authority challenges it. The bill would, if the agency does not address deficiencies within 90 days, authorize the complaining party to proceed to a court of competent jurisdiction for a judicial determination of the exemption, as specified.

The bill would also authorize a peace officer, as defined, to request an alleged law enforcement officer to present identification when there is probable cause or reasonable suspicion to believe the alleged law enforcement officer has committed crime, including, but not limited to, impersonating a peace officer.

Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery agents, defined as a person given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive.

This bill would prohibit a person authorized to apprehend a bail fugitive from using that position for the purposes of immigration enforcement and would prohibit a person authorized to apprehend a bail fugitive from disclosing personally identifiable information of any bail fugitive that is requested for purposes of immigration enforcement, except as specified.

This bill would declare these provisions are severable.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would declare that it is to take effect immediately as an urgency statute.