BILL NUMBER: AB 167	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 20, 2011
	PASSED THE ASSEMBLY  JUNE 23, 2011
	AMENDED IN SENATE  JUNE 2, 2011
	AMENDED IN ASSEMBLY  MARCH 25, 2011

INTRODUCED BY   Assembly Member Cook
   (Coauthors: Assembly Members Jeffries, Jones, Knight, Mansoor,
Portantino, Silva, and Wagner)
   (Coauthors: Senators Harman, Lieu, and Runner)

                        JANUARY 20, 2011

   An act to amend Section 3003 of the Government Code, and to amend
Section 532b of the Penal Code, relating to the California Stolen
Valor Act.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 167, Cook. California Stolen Valor Act.
   Existing law makes it a misdemeanor for a person to falsely
represent himself or herself as a veteran, ex-serviceman, or member
of the Armed Forces of the United States in connection with specified
acts. Existing law provides that any person 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, is guilty of 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.
   Existing law requires certain elected officers to forfeit their
office upon the conviction of a crime pursuant to the federal Stolen
Valor Act of 2005, that involves a false claim of receipt of a
military decoration or medal described in that act.
   This bill would provide that the above provisions shall be known
as the California Stolen Valor Act. The bill would require that the
elected officers described above additionally forfeit their office
upon conviction of any of the crimes specified in the California
Stolen Valor Act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3003 of the Government Code is amended to read:

   3003.  An elected officer of the state or a city, county, city and
county, or district in this state forfeits his or her office upon
the conviction of a crime pursuant to the federal Stolen Valor Act of
2005 (18 U.S.C. Sec. 704), that involves a false claim of receipt of
any military decoration or medal described in that act, or the
California Stolen Valor Act (as specified in Section 532b of the
Penal Code), that involves a false claim, made with the intent to
defraud, that the person is a veteran or a member of the Armed
Forces. As used in this section, "district" means any agency of the
state formed pursuant to general law or special act, for the local
performance of governmental or proprietary functions within limited
boundaries.
  SEC. 2.  Section 532b of the Penal Code is amended to read:
   532b.  (a) Any person who falsely represents himself or herself as
a veteran or ex-serviceman of any war in which the United States was
engaged, in connection with the soliciting of aid or the sale or
attempted sale of any property, is guilty of a misdemeanor.
   (b) Any person who falsely claims, or presents himself or herself,
to be a veteran or member of the Armed Forces of the United States,
with the intent to defraud, is guilty of a misdemeanor.
   (c) (1) Except as provided in paragraph (2), any person 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, is guilty of a misdemeanor.
   (2) This offense is an infraction or a misdemeanor, subject to
Sections 19.6, 19.7, and 19.8, if the person committing the offense
is a veteran of the Armed Forces of the United States.
   (3) For purposes of this subdivision, "military decoration" means
any decoration or medal from the Armed Forces of the United States,
the California National Guard, the State Military Reserve, or the
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.
   (d) This section does not apply to face-to-face solicitations
involving less than ten dollars ($10).
   (e) This section, Section 3003 of the Government Code, and Section
1821 of the Military and Veterans Code shall be known and may be
cited as the California Stolen Valor Act.