California Legislature—2015–16 Regular Session

Assembly Bill No. 1706

Introduced by Assembly Member Chávez

January 25, 2016

An act to amend Section 3003 of the Government Code, and to amend Section 532b of the Penal Code, relating to military fraud.

LEGISLATIVE COUNSEL’S DIGEST

AB 1706, as introduced, Chávez. Military fraud.

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 any military decoration or medal, as specified, or the California Stolen Valor Act that involves a false claim, made with the intent to defraud, that the person is a veteran or a member of the Armed Forces of the United States. Existing law, the federal Stolen Valor Act of 2013, prohibits a person, with the intent to obtain money, property, or other tangible property, from fraudulently holding oneself out to be a recipient of a military decoration or medal, as specified.

This bill would instead require these elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2013 or the California Stolen Valor Act that involves a fraudulent claim, made with the intent to obtain money, property, or other tangible benefit, as defined, that the person is a veteran or a member of the Armed Forces of the United States, as prescribed in those acts.

Existing law makes it a misdemeanor for a person to falsely represent himself or herself as a veteran 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.

This bill would conform those provisions to the federal Stolen Valor Act of 2013, and impose a misdemeanor only if the prescribed actions described above are made with the intent to obtain money, property, or other tangible benefit, as defined. The bill would expand the above-described crime related misrepresentation to a person who falsely represents himself or herself as a veteran or member of other specified armed forces with the intent to obtain money, property, or other tangible benefits. The bill would additionally make it a misdemeanor for a person to misrepresent himself or herself as a member or veteran of specified armed forces in connection with certain acts, such as, among other things, the forgery or use of falsified military documentation, or for purposes of employment or promoting a business, charity, or other endeavor, as prescribed.

By creating new crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 3003 of the Government Code is amended
to read:

3003.  

begin insert (a) end insert begin insert   end insert 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 begin delete 2005 end delete begin insert 2013 end insert (18 U.S.C. Sec. begin delete 704), that involves a false claim of
receipt of any military decoration or medal described in that act, end delete
begin insert 704) end insert or the California Stolen Valor Act (as specified in Section
532b of the Penal Code), that involves a begin delete false end delete begin insert fraudulent end insert claim,
made with the intent to begin delete defraud, end delete begin insert obtain money, property, or other
tangible benefit, end insert that the person is a veteran or a member of the
Armed begin delete Forces. As used in this section, “district” end delete begin insert Forces of the
United States, as prescribed in those acts. end insert

begin insert (b) end insert begin insert   end insert begin insert For purposes of this section, the following terms shall have
the following meanings: end insert

begin insert (1) end insert begin insert   end insert begin insert “District” end insert 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.

begin insert

(2) “Tangible benefit” means financial remuneration, an effect
on the outcome of a criminal or civil court proceeding, an effect
on an election, or any benefit relating to service in the military
that is provided by a federal, state, or local governmental entity.

end insert

SEC. 2.  

Section 532b of the Penal Code is amended to read:

532b.  

(a) Any person who begin delete falsely end delete begin insert fraudulently end insert 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 begin delete falsely end delete begin insert fraudulently end insert claims, or presents
himself or herself, to be a veteran or member of the Armed Forces
of the United States, begin insert the California National Guard, the State
Military Reserve, the Naval Militia, the national guard of any other
state, or any other reserve component of the Armed Forces of the
United States, end insert with the intent to begin delete defraud, end delete begin insert obtain money, property,
or other tangible benefit, end insert 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 begin delete defraud, end delete begin insert obtain money, property, or
other tangible benefit, end insert 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.

begin delete

(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.

end delete begin insert

(d) Any person who forges documentation reflecting the
awarding of any military decoration that he or she has not received
for the purposes of obtaining money, property, or receiving a
tangible benefit is guilty of a misdemeanor.

end insert begin insert

(e) Any person who knowingly, with the intent to impersonate
and to deceive, for the purposes of obtaining money, property, or
receiving a tangible benefit, misrepresents himself or herself as a
member or veteran of the Armed Forces of the United States, the
California National Guard, the State Military Reserve, or the
Naval Militia by wearing the uniform or military decoration
authorized for use by the members or veterans of those forces, is
guilty of a misdemeanor.

end insert begin insert

(f) Any person who knowingly utilizes falsified military
identification for the purposes of obtaining money, property, or
receiving a tangible benefit, is guilty of a misdemeanor.

end insert begin insert

(g) Any person who knowingly, with the intent to impersonate,
for the purposes of promoting a business, charity, or endeavor,
misrepresents himself or herself as a member or veteran of the
Armed Forces of the United States, the California National Guard,
the State Military Reserve, or the Naval Militia by wearing the
uniform or military decoration authorized for use by the members
or veterans of those forces, is guilty of a misdemeanor.

end insert begin insert

(h) Any person who knowingly, with the intent to gain an
advantage for employment purposes, misrepresents himself or
herself as a member or veteran of the Armed Forces of the United
States, the California National Guard, the State Military Reserve,
or the Naval Militia by wearing the uniform or military decoration
authorized for use by the members or veterans of those forces, is
guilty of a misdemeanor.

end insert begin delete

(d)

end delete

begin insert (i) end insert  This section does not apply to face-to-face solicitations
involving less than ten dollars ($10).

begin delete

(e)

end delete

begin insert (j) end insert  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.

begin insert

(k) For purposes of this section, the following terms shall have
the following meanings:

end insert begin insert

(1) “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.

end insert begin insert

(2) “Tangible benefit” means financial remuneration, an effect
on the outcome of a criminal or civil court proceeding, an effect
on an election, or any benefit relating to service in the military
that is provided by a federal, state, or local governmental entity.

end insert

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.