BILL ANALYSIS Ó
AB 167
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CONCURRENCE IN SENATE AMENDMENTS
AB 167 (Cook)
As Amended June 2, 2011
Majority vote
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|ASSEMBLY: |62-0 |(April 14, |SENATE: |31-0 |(June 20, |
| | |2011) | | |2011) |
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Original Committee Reference: PUB. S.
SUMMARY : Expands existing provisions related to forfeiture of
elected office. Additionally requires that an elected officer,
as specified, forfeit office upon conviction of a crime
involving: a false claim with intent to defraud, that he or she
is a veteran or a member of the Armed Forces of the United
States (U.S.); a misrepresentation that he or she is a veteran
or ex-serviceman of a war in which the U.S. was engaged, in
connection with solicitation of aid or sale or attempted sale of
property; or a false representation, with intent to defraud, as
to receipt of a military decoration. Characterizes these and
related provisions, as specified, as the "California Stolen
Valor Act."
The Senate amendments make technical non-substantive changes.
EXISTING LAW :
1)Mandates that an officer forfeit office upon conviction of
designated crimes as specified in the Constitution and laws of
California.
2)Requires that an elected officer, as specified, forfeit his or
her office upon conviction of a crime pursuant to the federal
Stolen Valor Act of 2005, as specified, that involves a false
claim of receipt of a military decoration or medal described
in that act.
3)Provides that a person who falsely represents himself or
herself as a veteran or ex-serviceman of any war in which the
U.S. was engaged, in connection with the soliciting of aid or
sale or attempted sale of property, is guilty of a
misdemeanor.
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4)States that a person who falsely claims, or presents himself
or herself, to be a veteran or member of the U.S. Armed
Forces, with the intent to defraud, is guilty of a
misdemeanor.
5)Mandates that a person who, orally, in writing, or by wearing
a military decoration, falsely represents himself or herself
to have been awarded a military decoration, with the intent to
defraud, is guilty of a misdemeanor. If the person committing
the offense is a veteran of the U.S. Armed Forces, this
offense is an infraction or a misdemeanor.
6)Deems a person who falsely represents himself or herself in a
manner as specified to be guilty of a misdemeanor or
infraction.
7)Mandates that a person who, without authority, wears the
uniform or distinctive part thereof, or similar apparel, of
the U.S. Armed Forces or the Public Health Service, shall be
fined or imprisoned for up to six months.
8)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, with a fine or imprisonment for up to six
months.
9)Demands that a person who knowingly wears, manufactures, or
sells a decoration or medal authorized by Congress for the
U.S. Armed Forces; a service medal or badge awarded to members
of such forces; the ribbon, button, or rosette of any such
badge, decoration or medal; or, a 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.
10)Declares that a 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,
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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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "This bill would recognize
the California Stolen Valor Act as equal to the federal Stolen
Valor Act and making sure that those that make false claims on
military service or awards not earned to be removed from an
elected position."
According to the author this bill is intended, "to give the
state another tool beside the federal Stolen Valor Act by
establishing the California Stolen Valor Act which would
prosecute those using false claim of military service to get
elected in office.
"Current Federal Law - Stolen Valor Act of 2005: President Bush
signed S. 1998 (Conrad-ND) (PL 109-437) on December 20, 2006 to
broaden the provisions of federal law that prohibited the
unauthorized wearing, manufacturing or selling of Medal of Honor
medals. Under the new law, these prohibitions also apply to
false claims about receiving medals and expanding the scope
beyond only the Medal of Honor."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stefani Salt / PUB. S. / (916) 319-3744
FN: 0001305
AB 167
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