Badge Security Enhancement Act of 2003

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.'.

END