BILL ANALYSIS Ó
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: AB 1706 Hearing Date: 6/14/16
-----------------------------------------------------------------
|Author: |Chávez |
|-----------+-----------------------------------------------------|
|Version: |3/8/16 |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant:|Wade Teasdale |
| | |
-----------------------------------------------------------------
Subject: Military fraud
DESCRIPTION
Summary:
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.
Existing law:
Federal: Any individual - with the intent to obtain money,
property, or other tangible benefit - who fraudulently holds
oneself out to be a recipient of a decoration or medal, as
specified, shall be fined under imprisoned not more than one
year, or both.
State:
1)Requires that an officer forfeit office upon conviction of
designated crimes as specified in the Constitution and laws of
the State.
2)Requires that elected officers, as specified, forfeit 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.
3)Provides that a person who falsely represents himself or
herself as a veteran or ex-serviceman of any war in which the
AB 1706 (Chávez) Page 2
of ?
United States was engaged, in connection with the soliciting
of aid or sale or attempted sale of property, is guilty of a
misdemeanor.
4)Provides that a person who falsely claims to be or presents as
a veteran or member of the Armed Forces of the United States,
with the intent to defraud, is guilty of a misdemeanor.
5)Requires that a person who, orally, in writing, or by wearing
a military decoration, falsely claims or presents to have
been awarded a military decoration, with 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.
6)Deems a person who falsely represents himself or herself in a
manner as specified to be guilty of a misdemeanor or
infraction.
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 intent requirements for misdemeanors under the
California Stolen Valor Act.
3)Defines "district" as "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 for purposes of the California Stolen Valor Act.
4)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.
5)Adds the California National Guard (CNG), State Military
Reserve (SMR), Naval Militia, national guard of any other
AB 1706 (Chávez) Page 3
of ?
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.
6)Adds to the list of misdemeanors punishable under the
California Stolen Valor Act as any person who:
a) Forges documentation reflecting award of any military
decoration that he 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 as a member or veteran of the U.S.
Armed Forces, CNG, SMR, or Naval Militia by wearing the
uniform or military decoration authorized for use by the
members or veterans of those forces; and.
e) Knowingly, with intent to gain an advantage for
employment purposes, misrepresents himself or herself as a
member or veteran of the U.S. Armed Forces, CNG, SMR, or
the Naval Militia by wearing the uniform or military
decoration authorized for use by the members or veterans of
those forces.
BACKGROUND
Stolen Valor Laws
The federal Stolen Valor Act of 2005 (Title 18 United States
Code Section 704) broadened the provisions of previous U.S. law
addressing the unauthorized wear, manufacture, or sale of any
military decorations and medals. The 2005 Act made it a federal
AB 1706 (Chávez) Page 4
of ?
misdemeanor to falsely represent oneself as having received any
U.S. military decoration or medal. If convicted, defendants
might have been imprisoned for up to six months, unless the
decoration lied about is the Medal of Honor, in which case
imprisonment could have been up to one year.
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).]
The Stolen Valor Act of 2013 amends the federal criminal code to
rewrite provisions relating to fraudulent claims about military
service to subject to a fine, imprisonment for not more than one
year, or both an individual who, with intent to obtain money,
property, or other tangible benefit, fraudulently holds himself
out to be a recipient of specified military decorations and
medals.
Currently, California requires elected officers to forfeit
office upon conviction of a crime pursuant to either the federal
Stolen Valor Act of 2005 or California Stolen Valor Act.
COMMENT
1)Author's Comments : "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."
2)Committee Comments : This bill updates the California Stolen
Valor Act by requiring a 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.
3)Prior/Related Legislation :
AB 167 (Cook, Chapter 69, Statutes of 2011) requires that
elected officers forfeit their office upon conviction of any
of the crimes specified in the California Stolen Valor Act in
addition to the federal Stolen Valor Act.
AB 1706 (Chávez) Page 5
of ?
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 to
have been awarded a military decoration, with the intent to
defraud.
AB 265 (Cook, Chapter 93, Statutes of 2009) expands the
provision requiring local elected officers to forfeit office
upon conviction of a crime pursuant to the federal Stolen
Valor Act to include elected state officers.
SB 1482 (Correa, Chapter 118, Statutes of 2008) provides that
an elected officer of 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, that involves a false claim of receipt of a military
decoration or medal described in that Act.
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, verbally
or in writing, to have been awarded a decoration or medal from
the U.S. Armed Forces, the U.S. Armed Forces, CNG, SMR, or
Naval Militia; a 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) provides that a
person who falsely claims to be or presents as a veteran or
member of the U.S. Armed Forces, with the intent to defraud,
is guilty of a misdemeanor.
POSITIONS
Sponsor: Author.
AB 1706 (Chávez) Page 6
of ?
Support:
American G.I. Forum of California
American Legion-Department of California
AMVETS-Department of California
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
Oppose: None on file.
-- END --