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
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|Author: |Chávez |
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|Version: |3/8/2016 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Arthur Terzakis |
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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