BILL ANALYSIS
Bill No: AB
265
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 265 Author: Cook
As Introduced: February 11, 2009
Hearing Date: June 23, 2009
Consultant: Chris Lindstrom
SUBJECT
Office holding: forfeiture.
DESCRIPTION
AB 265 requires an elected state 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 of 2005. Local
elected officials are currently subject to forfeiture of
office for such a conviction.
EXISTING LAW
Existing law requires an elected city, county, city and
county, or district 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 Stolen Valor Act.
Existing law designates numerous other crimes that result
in forfeiture of office, including conviction for felonies,
offenses that involve a violation of official duties,
bribery, selling appointments, intoxication in the
discharge of official duties, misuse of public funds, and
conflict of interest violations.
Existing law makes it a federal crime for any person to
falsely represent himself or herself as having been awarded
AB 265 (Cook) continued
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any decoration or medal authorized by Congress for the
armed forces of the United States, or any of the service
medals or badges awarded to the members of such forces.
BACKGROUND
Purpose of the bill. According to the author's office,
Assemblyman Cook is "carrying AB 265 on behalf of the
Vietnam Veterans of America, California State Council.
This bill pertains to the federal Stolen Valor Act of 2005.
The Stolen Valor Act made it illegal for people to
misrepresent themselves as recipients of military honors.
Those men and women who have served in the armed forces of
this country deserve respect and should be honored for
their service. Military members and veterans who have
earned or been awarded the various medals and decorations
for bravery, wounds, campaigns, service, or rank should not
have to have their contributions cheapened by imposters -
especially, imposters who use false claim to these awards
for personal gain or popularity.
"This is the fourth bill related to the Stolen Valor Act.
The first two bills incorporated elements of the federal
law into state code. The most recent legislation was SB
1482 in 2008, which requires that any local elected
official who makes false claims to military honors to
forfeit their seat if convicted under the federal Stolen
Valor Act.
"AB 265 seeks to expand on SB 1482 and extend the
forfeiture of office to state elected officials."
Background. SB 1482 (Correa), Chapter 118, Statutes of
2008, requires 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 Stolen Valor Act. This bill seeks to
expand the provisions of SB 1482 so that it is applicable
to elected state officials as well as local officials.
Last year, in one of the first prosecutions under the
Stolen Valor Act, the United States Attorney's office
prosecuted an elected member of the board of the Three
Valleys Municipal Water District (in Los Angeles County)
under the Stolen Valor Act. The board member was charged
and pled guilty to falsely claiming during a public meeting
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that he had received the Medal of Honor, the nation's
highest military decoration. The board member was
sentenced to three years of probation and fined $5,000.
Although the Three Valleys Municipal Water District
censured the board member and requested that he resign, he
nonetheless continues to serve on the board. This case was
part of the impetus for SB 1482.
PRIOR/RELATED LEGISLATION
SB 1482 (Correa), Chapter 118, Statutes of 2008 . Requires
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
Stolen Valor Act.
SUPPORT: As of June 19, 2009:
American Legion, Department of California
Vietnam Veterans of America, California State Council
OPPOSE: None on file as of June 19, 2009.
FISCAL COMMITTEE: No.
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