Fake COVID-19 vaccination cards would lead to hefty penalties under proposed WA law
A bill that would criminalize selling or using fake COVID-19 vaccination cards in Washington state was heard in the Senate Law and Justice Committee Monday in Olympia.
Under Senate Bill 5667, those who attempt to use forged COVID vaccination documents at retail or service establishments could face a potential misdemeanor charge. According to the bill, misdemeanor offenses are punishable by a $1,000 fine, up to 90 days in jail, or both.
Those who are found guilty of selling, offering to sell, or transferring vaccination cards would face a much harsher penalty and could potentially be charged with a Class C Felony. The bill notes that Class C felonies carry a $10,000 fine, up to five years in prison or both.
Sponsored by Sen. Jesse Salomon, D-Shoreline, the proposal would go into effect 90 days after the session ends.
Salomon told the committee that he started wondering about the prevalence of fake vaccine cards after seeing a news report about a North Carolina police chief who instructed other police officers where they could obtain fake documentation. He said the issue has become prevalent enough that New York State passed a law similar to his proposed legislation in December.
“We are in the middle of the most serious public health crisis of our lifetime,” Salomon said. “I can’t imagine a worse time for somebody to falsify proof of vaccination.”
Sen. Jim McCune, R-Graham, questioned Salomon about the law as it would apply to private businesses. Salomon said the law would allow private businesses to involve the police for enforcement of the policy.
Four people testified against the bill during the public hearing. No one testified in favor.
Teri Rogers Kemp, a spokesperson for the Washington Defender Association and for the Washington Association of Criminal Defense Lawyers, said there is potential for the law to be inequitable in terms of people that private businesses choose to prosecute for providing false information. She called the bill “arbitrary and capricious.”
“Increased criminalization is not the solution to this public health crisis and it won’t solve the problem that it seeks to fix,” Kemp said. “A felony can have disastrous effects on individuals. It just brings more people in contact with police and contact with the carceral system without increasing public health.”
Some counties in the state such as King County already require proof of vaccination or proof of negative COVID-19 tests to enter public establishments, though not all counties have followed the same lead.
In a press statement from August of last year, the Portland FBI urged the public not to buy, use, or make fraudulent vaccine cards.
“By misrepresenting yourself as vaccinated when entering schools, mass transit, workplaces, gyms, or places of worship, you put yourself and others around you at risk of contracting COVID-19,” according to the release.
They noted too, that unauthorized use of government seals is against federal law. COVID-19 vaccine cards carry two seals: one from the Department of Health and Human Services and one from the Centers for Disease Control.
Thousands of fake COVID-19 vaccination cards already have been seized by the U.S. Customs and Border Protection.
The Senate bill is scheduled for an executive session on Thursday, Jan. 27.
This story was originally published January 24, 2022 at 2:16 PM.
