An amendment numbered 12 printed in House Report 109-236 to expand the current federal criminal ban on fake police badges and the misuse of authentic badges to include the uniforms, identification, and allother insignia of all public officials. The use of such badges, uniforms, and insignia would be permitted for dramatic, decorative, display, and recreational purposes.

1. Rewrites section 321

   Replaces

   Removes section 321.

   Inserted: SEC. 321. PUBLIC EMPLOYEE UNIFORMS.

   Inserted: (a) In General.--Section 716 of title 18, United States Code, is amended--

   Inserted: (1) by striking "police badge" each place it appears in subsections (a) and (b) and inserting "official insignia or article of clothing";

   Inserted: (2) in each of paragraphs (2) and (4) of subsection (a), by striking "badge of the police" and inserting "official insignia or article of clothing";

   Inserted: (3) in subsection (b)--

   Inserted: (A) by striking "the badge" and inserting "the insignia or article of clothing"; and

   Inserted: (B) by inserting "is other than a counterfeit police badge and" before "is used or is intended to be used";

   Inserted: (4) in subsection (c)--

   Inserted: (A) by striking "and" at the end of paragraph (1);

   Inserted: (B) by striking the period at the end of paragraph (2) and inserting "; and";

   Inserted: (C) by adding at the end the following:

   Inserted: "(3) the term 'official insignia or article of clothing' means an article of distinctive clothing or insignia, including a badge, emblem or identification card, that is an indicium of the authority of a public employee; and

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   Inserted: "(4) the term 'public employee' means any officer or employee of the Federal Government or of a State or local government.";

   Inserted: (5) by adding at the end the following:

   Inserted: "(d) It is a defense to a prosecution under this section that theofficial insignia or article of clothing is a counterfeit police badge and is used or is intended to be used exclusively--

   Inserted: "(1) for a dramatic presentation, such as a theatrical, film, or television production; or

   Inserted: "(2) for legitimate law enforcement purposes."; and

   Inserted: (6) in the heading for the section, by striking "Police badges" and inserting "Public employee insignia and clothing".

   Inserted: (b) Conforming Amendment to Table of Sections.--The item in the table of sections at the beginning of chapter 33 of title 18, United States Code, relating to section 716 is amended by striking "Police badges" and inserting "Public employee insignia and clothing".

   Inserted: (c) Direction to Sentencing Commission.--The United States Sentencing Commission is directed to make appropriate amendments to sentencing guidelines, policy statements, and official commentary to assure that the sentence imposed on a defendant who is convicted of a Federal offense while wearing or displaying insignia and clothing received in violation of section 716 of title 18, United States Code, reflects the gravity of this aggravating factor.

   Original wording

   Strike section 321, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed