Page:United States Statutes at Large Volume 119.djvu/3147

 PUBLIC LAW 109–162—JAN. 5, 2006

119 STAT. 3129

(1) by striking ‘‘police badge’’ each place it appears in subsections (a) and (b) and inserting ‘‘official insignia or uniform’’; (2) in each of paragraphs (2) and (4) of subsection (a), by striking ‘‘badge of the police’’ and inserting ‘‘official insignia or uniform’’; (3) in subsection (b)— (A) by striking ‘‘the badge’’ and inserting ‘‘the insignia or uniform’’; (B) by inserting ‘‘is other than a counterfeit insignia or uniform and’’ before ‘‘is used or is intended to be used’’; and (C) by inserting ‘‘is not used to mislead or deceive, or’’ before ‘‘is used or intended’’; (4) in subsection (c)— (A) by striking ‘‘and’’ at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ‘‘; and’’; (C) by adding at the end the following: ‘‘(3) the term ‘official insignia or uniform’ 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; ‘‘(4) the term ‘public employee’ means any officer or employee of the Federal Government or of a State or local government; and ‘‘(5) the term ‘uniform’ means distinctive clothing or other items of dress, whether real or counterfeit, worn during the performance of official duties and which identifies the wearer as a public agency employee.’’; and (5) by adding at the end the following: ‘‘(d) It is a defense to a prosecution under this section that the official insignia or uniform is not used or intended to be used to mislead or deceive, or is a counterfeit insignia or uniform and is used or is intended to be used exclusively— ‘‘(1) for a dramatic presentation, such as a theatrical, film, or television production; or ‘‘(2) for legitimate law enforcement purposes.’’; and (6) in the heading for the section, by striking ‘‘POLICE BADGES’’ and inserting ‘‘PUBLIC EMPLOYEE INSIGNIA AND UNIFORM’’. (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 uniform’’. (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 uniform received in violation of section 716 of title 18, United States Code, reflects the gravity of this aggravating factor.

28 USC 994 note.

SEC. 1192. OFFICIALLY APPROVED POSTAGE.

Section 475 of title 18, United States Code, is amended by adding at the end the following: ‘‘Nothing in this section applies

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