BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1829
                                                                  Page  1

          Date of Hearing:   April 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                 AB 1829 (Cook) - As Introduced:  February 11, 2010 

          Policy Committee:                              Public  
          SafetyVote:  6-0
                       Veterans Affairs                      9-0  

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill increases the penalty - and moves it from the Military  
          and Veterans Code to the Penal Code - from an infraction to a  
          misdemeanor, punishable by up to six months in county jail,  
          and/or a fine of up to $1,000, to, orally or in wiring, or by  
          wearing any military decoration, falsely pose as a person with a  
          military decoration, with intent to defraud.   

           FISCAL EFFECT  

          Unknown, likely negligible, minor non-reimbursable local  
          incarceration costs, offset to a degree by increased fine  
          revenue. 

           COMMENTS  

           1)Rationale  . The author, who created the infraction penalty for  
            falsely displaying or using a military decoration with the  
            intent to defraud, contends a misdemeanor penalty is  
            consistent with current relevant state and federal statutes,  
            which punish similar misrepresentations as misdemeanors. 

           2)Current law  states that anyone who falsely presents oneself as  
            a veteran or member of the U.S. military with intent to  
            defraud is guilty of a misdemeanor (Penal Code 532b(b) and  
            that anyone who falsely wears, manufactures, or sells any  
            decoration or medal authorized by Congress for the U.S.  
            military, any of the service medals, badges, or ribbons  
            awarded to military members, shall be fined and/or imprisoned  
            for up to six months (Title 18 U.S. Code Sec 704(a) and  








                                                                  AB 1829
                                                                  Page  2

            (b)(1)).  
           

          Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081