BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Isadore Hall, III Chair 2015 - 2016 Regular Bill No: AB 1706 Hearing Date: 5/10/2016 ----------------------------------------------------------------- |Author: |Chávez | |-----------+-----------------------------------------------------| |Version: |3/8/2016 Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Arthur Terzakis | | | | ----------------------------------------------------------------- SUBJECT: Military fraud DIGEST: This bill updates the provisions of the California Stolen Valor Act to provide consistency with changes in federal law resulting from a Supreme Court ruling. ANALYSIS: Existing law: 1)Requires that an officer forfeit office upon conviction of designated crimes as specified in the Constitution and laws of the State. [Government Code Section 3000] 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 that involves a false claim of receipt of a military decoration or medal described in that act. [Government Code Section 3003] 3)Provides that a 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 sale or attempted sale of property, is guilty of a misdemeanor. [Penal Code Section 532b(a)] 4)Provides that a person who falsely claims, or presents himself or herself, to be a veteran or member of the Armed Forces of AB 1706 (Chávez) Page 2 of ? the United States, with the intent to defraud, is guilty of a misdemeanor. [Penal Code Section 532b(b)] 5)Requires 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 Armed Forces of the United States, this offense is an infraction or a misdemeanor. [Penal Code Section 532b(c)] 6)Deems a person who falsely represents himself or herself in a manner as specified to be guilty of a misdemeanor or infraction. [Military and Veterans Code Section 1821] Existing federal law states that whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection ? shall be fined under this title, imprisoned not more than one year, or both. [Title 18 United States Code Section 704] This bill: 1)Updates the California Stolen Valor Act to require a conviction under the federal Stolen Valor Act of 2013 rather than the 2005 version, which the U.S. Supreme Court ruled unconstitutional. 2)Clarifies the intent requirements for misdemeanors punishable under the California Stolen Valor Act. 3)Defines "tangible benefit" as financial remuneration, an effect on the outcome of a criminal or civil court proceeding, or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity for purposes of the California Stolen Valor Act. 4)Adds 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 to the list of military service branches covered by the California Stolen Valor Act. 5)Adds to the list of misdemeanors punishable under the AB 1706 (Chávez) Page 3 of ? California Stolen Valor Act as any person who: a) Forges documentation reflecting the awarding of any military decoration that he or she has not received for the purposes of obtaining money, property, or other tangible benefit; b) Wears a uniform or military decoration authorized for use by the members or veterans of those forces for the purposes of obtaining money, property, or receiving a tangible benefit; c) Knowingly utilizes falsified military identification for the purposes of obtaining money, property, or receiving a tangible benefit; d) 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; and, e) 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. Background Purpose of AB 1706. Currently, California requires that an elected officer forfeit his/her office upon conviction of a crime pursuant to either the federal Stolen Valor Act of 2005 or the California Stolen Valor Act. The federal Stolen Valor Act was updated in 2013 after the Supreme Court ruled it was unconstitutional because it criminalized conduct where the harm was intangible. (See United States v. Alvarez (2012) 132 S.Ct. 2537, 2556 [183 L.Ed.2d 574].) This bill updates the California Stolen Valor Act by requiring a AB 1706 (Chávez) Page 4 of ? conviction pursuant to the federal Stolen Valor Act of 2013. This bill also adds new misdemeanors to the California Stolen Valor Act and changes the intent requirement for a conviction under the Act to also mirror federal law. The author's office states, "It is important to create conformity between state and federal law to ensure elected officials are held accountable to be honest about their service or lack thereof." Prior/Related Legislation AB 167 (Cook, Chapter 69, Statutes of 2011) expanded existing provisions related to forfeiture of elected office to additionally require 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. Also, characterized these and related provisions, as specified, as the "California Stolen Valor Act." AB 1829 (Cook, Chapter 366, Statutes of 2010) among other things, increased the penalty from an infraction to a misdemeanor for a person who, orally or 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. AB 265 (Cook, Chapter 93, Statutes of 2009) required elected state officials to forfeit their office upon the conviction of a crime involving a false claim of receipt of any military decoration or medal pursuant to the federal Stolen Valor Act of 2005. SB 1482 (Correa, Chapter 118, Statutes of 2008) required a local elected official to forfeit his or her office upon the conviction of a crime that involves a false claim of receipt of any military decoration or medal pursuant to the federal Stolen Valor Act. AB 282 (Cook, Chapter 360, Statutes of 2007) made it an infraction for a person to falsely represent himself or herself, verbally or in writing, to have been awarded a decoration or medal from the Armed Forces of the United States, the California National Guard, State Military Reserve, or Navel Militia; a AB 1706 (Chávez) Page 5 of ? service medal or badge awarded to the members of such forces; a ribbon, button, or rosette of such a badge, decoration or medal; or, a colorable imitation of such item, with the intent to defraud. AB 787 (DeVore, Chapter 457, Statutes of 2006) provided that a person who falsely claims, represents 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. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT: American G.I. Forum of California (co-source) American Legion-Department of California AMVETS-Department of California (co-source) California Association of County veterans Service Officers California State Commanders Veterans Council Military Officers Association of America, California Council of Chapters VFW-Department of California Vietnam Veterans of America-California State Council OPPOSITION: None received DUAL REFERRAL: Senate Veterans Affairs Committee