SB 264 California Senate · 2025-2026 Regular Session

Impersonation of a peace officer or firefighter during a state of emergency or local emergency.

Summary

Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency, as defined, under specified circumstances. Existing law makes it a misdemeanor to impersonate a peace officer or an officer or member of a fire department or the Office of the State Fire Marshal. This bill would make impersonating a peace officer or an officer or member of a fire department or the Office of the State Fire Marshal during a state of emergency or local emergency punishable as either a misdemeanor or a felony, as specified. By increasing the punishment of a crime, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.

Bill status failed 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 3, 2025 Last action Feb 2, 2026

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What changed between versions

02/03/25 - Introduced → 04/10/25 - Amended Senate · 4 edits · Apr 10, 2025

MODERATE

The amended version of SB 264 makes minor technical corrections and one substantive cross-reference change to Penal Code sections 538d and 538e, which criminalize impersonation of peace officers and firefighters during emergencies. The most notable change removes a reference to the emergency penalty enhancement subdivision from the exceptions list in the general badge impersonation provision, clarifying how the provisions interact. The remaining changes are formatting corrections and a likely drafting error adding a redundant subdivision reference.

TECHNICAL

In Penal Code 538d(c)(1), the exception clause changed from 'Except as provided in subdivision (d), (e)' to 'Except as provided in subdivision (e)', removing the cross-reference to the emergency penalty enhancement provision. This clarifies that the general badge impersonation offense is not carved out by the emergency enhancement but rather enhanced by it.

In Penal Code 538e(e), the list of covered subdivisions changed from '(a), (b), (c), or (d)' to '(a), (b), (c), or (d) or (c)', adding a redundant reference to subdivision (c). This appears to be a drafting error.

Added the section number '1170' at the end of two sentences referencing 'subdivision (h) of Section 1170' in both Penal Code 538d(d) and 538e(e), correcting an incomplete statutory citation.

Page numbers changed from 99 to 98 throughout, and the 'Vote: majority' line was repositioned after the enacting clause rather than before it. These are formatting corrections only.

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Full legislative history

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Committee

Amendments

Apr 10, 2025

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

upper

Feb 14, 2025

Committee

Referred to Com. on PUB. S.

upper

Feb 3, 2025

Introduced

Introduced. Read first time. To Com. on RLS. for assignment. To print.

upper

1 primary · 18 co-sponsors