BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 1829
                                                                Page  1
        CONCURRENCE IN SENATE AMENDMENTS
        AB 1829 (Cook)
        As Amended  August 16, 2010
        Majority vote
         
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        |ASSEMBLY:  |74-0 |(April 29,      |SENATE: |1829 |(August 19,    |
        |           |     |2010)           |        |     |2010)          |
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         Original Committee Reference:   PUB. S.  

         SUMMARY  :   Increases the penalty from an infraction to a misdemeanor  
        for civilians who, orally, in writing, or by wearing any military  
        decoration, falsely represents himself or herself to have been awarded  
        any military decoration, with the intent to defraud. 

         The Senate amendments:
         
        1)Allow persons who are veterans of the Armed Forces of the U.S. who  
          orally, in writing, or by wearing any military decoration, falsely  
          represent himself or herself to have been awarded any military  
          decoration to be guilty of a misdemeanor or infraction. 

        2)Double join this bill with AB 451 (Portantino) and AB 1675 (Hagman).

         EXISTING LAW  :

        1)Proscribes that every offense declared to be a misdemeanor is  
          punishable by imprisonment in the county jail not exceeding six  
          months, or by fine not exceeding $1,000.  

        2)Provides that any person who falsely represents himself or herself  
          as a veteran or ex-serviceman or any war in which the United States  
          (U.S.) was engaged, in connection with the soliciting of aid or the  
          sale or attempted sale of any property is guilty of a misdemeanor.  

        3)States that any person who falsely claims, or presents himself or  
          herself, to be a veteran or member of the Armed Forces of the U.S.  
          with the intent to defraud is guilty of a misdemeanor.  

        4)Provides that any person who willfully wears or uses the badge,  
          button, rosette, other recognized and "estimable" insignia of the  
          American Legion, Disabled American Veterans, or Veterans of Foreign  
          Wars unless the wearer is entitled to do so without the express  
          permission of such an organization is guilty of a misdemeanor.  For  
          a first conviction, this crime is punishable by imprisonment not to  
          exceed 30 days in a county jail or a fine not to exceed $500.  Upon  






                                                                AB 1829
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          a second conviction, the defendant is punishable by imprisonment in  
          a county jail for up to six months; a fine of up to $1,000; or both.  
           Nothing in this section prohibits prosecution under another  
          provision of law.  

        5)Mandates any person who, without authority, wears the uniform or  
          distinctive part thereof, or similar apparel, of any of the armed  
          forces of the U.S. or the Public Health Service shall be fined or  
          imprisoned for up to six months.  

        6)Penalizes a person who, with intent to deceive, wears any military  
          or official decoration of a nation with which the U.S. is at peace  
          shall be fined or imprisoned for up to six months. 

        7)Demands a person who knowingly wears, manufactures, or sells any  
          decoration or medal authorized by Congress for the armed forces of  
          the U.S.; any of the service medals or badges awarded to the members  
          of such forces; the ribbon, button, or rosette of any such badge,  
          decoration or medal; or any colorable imitation thereof, except when  
          authorized under regulations made pursuant to law, shall be fined  
          under this title, imprisoned not more than six months, or both.  If  
          the decoration or medal is a Congressional Medal of Honor, the  
          offender can be imprisoned not more than one year, fined, or both.  

        8)Any person who knowingly manufactures, reproduces, sells or  
          purchases for resale, either separately or on or appended to, any  
          article of merchandise manufactured or sold; any badge,  medal,  
          emblem; other insignia or any colorable imitation thereof of any  
          veterans' organization incorporated by enactment of Congress or of  
          any organization formally recognized by any such veterans'  
          organization as an auxiliary of such veterans' organization;  
          knowingly prints, lithographs, engraves or otherwise reproduces on  
          any poster, circular, periodical, magazine, newspaper, or other  
          publication; or circulates or distributes any such printed matter  
          bearing a reproduction of such badge, medal, emblem, or other  
          insignia or any colorable imitation thereof, except when authorized  
          under rules and regulations prescribed by any such organization,  
          shall be fined under this title, imprisoned not more than six  
          months, or both.  

        9)Mandates that any person who falsely personates another, in either  
          his or her private or official capacity, and in such assumed  
          character receives any money or property knowing that it is intended  
          to be delivered to the individual so personated, with intent to  
          convert the same to his or her own use, that of another person, or  
          to deprive the true owner thereof, punishable in the same manner and  
          to the same extent as for larceny of the money or property so  
          received.  






                                                                AB 1829
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        AS PASSED BY THE ASSEMBLY  , this bill increased the penalty from an  
        infraction to a misdemeanor for any person who, orally or in wiring,  
        or by wearing any military decoration, falsely represents himself or  
        herself to have been awarded any military decoration, with the intent  
        to defraud.  Specifically,  this bill  :  

        1)Provided that Penal Code Section 532b any person who, orally or in  
          wiring, or by wearing any military decoration, falsely represents  
          himself or herself to have been awarded any military decoration,  
          with the intent to defraud, is guilty of a misdemeanor, punishable  
          by up to six months in the county jail, by a fine not exceeding  
          $1,000, or both.

        2)Defined "military decoration" as any decoration or medal from the  
          Armed Forces of the United States, California National Guard, State  
          Military Reserve, or Naval Militia, or any service medals or badges  
          awarded to the members of those forces, or the ribbon, button, or  
          rosette of that badge, decoration, or medal, or any colorable  
          imitation of that item.
        
        FISCAL EFFECT  :  According to the Senate Appropriations Committee,  
        unknown, potentially offset by fines.

         COMMENTS  :  According to the author, "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 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."

        Please see the policy committee for a full discussion of this bill.
         

        Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916) 319-3744 


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