BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 265|
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THIRD READING
Bill No: AB 265
Author: Cook (R)
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 12-0, 6/23/09
AYES: Wright, Harman, Benoit, Denham, Florez, Negrete
McLeod, Oropeza, Padilla, Price, Wiggins, Wyland, Yee
NO VOTE RECORDED: Calderon
ASSEMBLY FLOOR : 78-0, 5/11/09 - See last page for vote
SUBJECT : Office holding: forfeiture
SOURCE : Vietnam Veterans of America, California State
Council
DIGEST : This bill requires elected state officers to
forfeit their office upon the conviction of a specified
crime pursuant to the federal Stolen Valor Act of 2005.
ANALYSIS : 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 of felonies,
offenses that involve a violation of official duties,
CONTINUED
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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
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.
This bill requires an elected state official to forfeit his
or her office upon the conviction of a crime that involves
a false claim of receipt for any military decoration or
medal pursuant to the federal Stolen Valor Act of 2005.
Currently, only local elected officials are subject to
forfeiture of office for such a conviction.
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
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
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SUPPORT : (Verified 6/24/09)
Armed Forces Retirees Association of California
American Legion, Department of California
AMVETS, Department of California
Los Angeles County District Attorneys Office
Vietnam Veterans of America, California State Council
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Bass
NO VOTE RECORDED: Duvall, Yamada
TSM:cm 6/24/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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