BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1829|
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THIRD READING
Bill No: AB 1829
Author: Cook (R), et al
Amended: 7/15/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE VETERANS AFFAIRS COMMITTEE : 4-0, 6/22/10
AYES: Denham, Correa, Negrete McLeod, Cedillo
NO VOTE RECORDED: Wyland
SENATE APPROPRIATIONS COMMITTEE : 8-1, 8/2/10
AYES: Alquist, Ashburn, Corbett, Emmerson, Price, Wolk,
Wyland, Yee
NOES: Kehoe
NO VOTE RECORDED: Leno, Walters
ASSEMBLY FLOOR : 74-0, 4/29/10 (Consent) - See last page
for vote
SUBJECT : Military decorations: fraud
SOURCE : Vietnam Veterans of America, California State
Council
DIGEST : This bill increases the penalty from an
infraction to a misdemeanor, and moves it from the Military
and Veterans Code to the Penal Code, for representing
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AB 1829
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oneself as a recipient of any military decoration with the
intent to defraud.
ANALYSIS : Existing law provides any person who, orally,
in writing, or by wearing any military decoration, falsely
represents himself or herself to have been awarded any
military decoration, as specified, with the intent to
defraud, is guilty of an infraction.
This bill provides that the offense is a misdemeanor, or in
the case where the person committing the offense is a
veteran of the Armed Forces of the United States, an
infraction or a misdemeanor, as specified, and exempts
face-to-face solicitations involving less than $10.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Enforcement unknown, potentially offset
by fines Local
SUPPORT : (Verified 8/3/10)
Vietnam Veterans of America, California State Council
American Legion, Department of California
AMVETS, Department of California
Crime Victims Action Alliance
OPPOSITION : (Verified 8/3/10)
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT : According to the author's office,
"The crime of fraudulently misrepresenting one's military
record to defraud others is utterly reprehensible. It
pleased me to put AB 282 on the books in 2007, but
punishing this type of crime by issuing an infraction
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doesn't go far enough. This bill is necessary to protect
the dignity and honor of the men and women who have served
honorably in the United States Armed Forces.
"The penalty under current law for fraudulently wearing or
claiming receipt of a military decoration is too lenient.
As it stands today, such crimes are considered an
infraction within the Military and Veterans Code. The
intent of this legislation is to strengthen existing law by
making this crime a misdemeanor.
"This bill would provide that it is a misdemeanor for a
person to, orally, in writing, or by wearing, as defined,
falsely represent himself or herself to have been awarded
any military decoration. This bill would exempt
face-to-face solicitations involving less than $10."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Bass, Caballero, Jones, Bonnie Lowenthal,
Torrico, Vacancy
RJG:do 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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