BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1706 (Chávez) - Military fraud
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|Version: March 8, 2016 |Policy Vote: G.O. 11 - 0, V.A. |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 8, 2016 |Consultant: Debra Cooper |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: AB 1706 would update provisions of the California
Stolen Valor Act to conform to the federal Stolen Valor Act of
2013.
Fiscal
Impact: Minor non-reimbursable local costs for misdemeanor
incarceration.
Background: The federal Stolen Valor Act of 2005 made it a federal
misdemeanor to falsely represent oneself as having received any
U.S. military decoration or medal. In 2012, in United States v.
Alvarez, the Supreme Court overturned the original Stolen Valor
Act of 2005, deeming it unconstitutional because, in the
justices' opinions, it was too broad in scope, violated the
right to free speech, and criminalized conduct where harm was
AB 1706 (Chávez) Page 1 of
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intangible. The federal Stolen Valor Act of 2013 revised
provisions relating to an individual who, with intent to obtain
money, property, or other tangible benefit, fraudulently holds
himself or herself out to be a recipient of specified military
decorations and medals.
The California Stolen Valor Act currently requires elected
officers to forfeit office if convicted of a crime pursuant to
either the federal Stolen Valor Act of 2005 or the California
Stolen Valor Act.
Proposed Law:
This bill would update the California Stolen Valor Act.
Specific provisions of this bill would:
Update the California Stolen Valor Act to require a conviction
under the federal Stolen Valor Act of 2013 rather than the
2005 version.
Clarify intent requirements for misdemeanors punishable under
the California Stolen Valor Act.
Define "district" and "tangible benefit."
Add 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.
Add to the list of misdemeanors punishable under the
California Stolen Valor Act, any person who:
- Forges documentation reflecting award of any
military decoration that he or she has not received
for the purposes of obtaining money, property, or
receiving a tangible benefit;
- Wears the uniform or military decoration
authorized for use by members or veterans for the
purposes of obtaining money, property, or receiving a
tangible benefit, or for the purposes of promoting a
business, charity, or endeavor, or for the purposes of
gaining an advantage for employment;
AB 1706 (Chávez) Page 2 of
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- Knowingly utilizes falsified military
identification for the purposes of obtaining money,
property, or receiving a tangible benefit.
Related
Legislation:
AB 167 (Cook, Chapter 69, Statutes of 2011) requires that
elected officers forfeit their office upon conviction of a crime
specified in the California Stolen Valor Act in addition to the
federal Stolen Valor Act.
AB 1829 (Cook, Chapter 366, Statutes of 2010) among other
things, increases 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.
Staff
Comments: This bill would update the California Stolen Valor
Act by requiring a conviction pursuant to the federal Stolen
Valor Act of 2013 and changes the intent requirement to mirror
federal law.
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