BILL ANALYSIS
SENATE COMMITTEE ON VETERANS AFFAIRS
JEFF DENHAM, CHAIRMAN
Bill No: AB 1829
Author: Cook
Version: As proposed
Hearing Date: June 22, 2010
Fiscal: Yes
SUBJECT OF BILL
Improper wearing of military medals and insignia.
PROPOSED LAW
1. Makes stolen valor penalties a misdemeanor.
2. Moves stolen valor penalties to the Penal Code.
EXISTING LAW AND BACKGROUND
1. The California Military and Veterans Code (MVC)
presently declares the wearing of "decorations,
medals, badges, ribbons, and insignia" not authorized
by the state militia while in uniform to be a
misdemeanor in section 648.
2. Falsely wearing badges, lapel buttons, rosettes,
"or any other recognized and estimable insignia" of
veterans organizations is also categorized as a
misdemeanor by MVC section 1820.
3. The 2005 Vince Vaughn and Owen Wilson movie
"Wedding Crashers" saw the two lead stars seduce
emotionally vulnerable women using surplus purple
hearts to play on women's sympathies.
4. In response to the movie, the Federal Government
passed the "Stolen Valor Act of 2005", imposing a six
month imprisonment and $5,000 fine for those who
falsely claim in verbal, written, or physical form
that they are recipients of military medals and
awards.
5. California codified the stolen valor act into state
law with AB 282 of 2007 (Cook), which in its original
form sought to put stolen valor in the Penal Code.
AB 282 was going to be killed in Senate Public Safety
because the policy of the committee at the time due to
prison overcrowding was to not let bills out that
could incarcerate more people.
To keep that bill alive the penalty was decreased to
an infraction. That bill was amended in this
committee to keep penalties concerning veterans'
matters in the MVC.
COMMENT
1. The same comment that was valid about AB 282 of
2007 is valid about this bill.
"The MVC addresses the illegal use of insignia while
uniformed (sec. 648); to defraud while posing as a
veteran (sec. 1801), and misrepresenting one's status
as a veteran (sec. 1820). However, the code does not
address when these crimes overlap since the issue is a
recent one.
If passed in its present form, this bill will spread
these infractions and their penalties over two
different code sections. In three out of four
instances one would consult the MVC. For the fourth,
one would have to look in the Penal Code. This makes
no sense.
E.g. -
Scenario 1 - If active duty and wearing the
wrong insignia,
see MVC.
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Scenario 2 - If lying about veteran status and
wearing a
veterans' group insignia, see MVC.
Scenario 3 - If a veteran, but lying about rank
or
membership in a veterans' group, see MVC.
Scenario 4 - But if lying about veteran status
and showing
medals, see the Penal Code."
2. According to the author's office, the penalty for
stolen valor is too lenient and the law needs to be
strengthened, but that does not really explain the
renewed effort to divide this subject matter over two
different codes.
3. Amendments taken in Senate Public Safety make it
unclear whether or not the author's intent is now
being carried out. One amendment states "This offense
is an infraction or a misdemeanor?"
4. The major amendment taken, aside from violating one
of two the most basic tenants of law in a free
republic as stated by James Madison - namely that the
laws should be written in plain language and
comprehensible to the people says "the following
offenses are subject?except where a lesser maximum
fine is expressly provided."
5. Given the caveats that are now in the bill, it is
hard to decipher, interpret, translate, or comprehend
what the bill does other than move jurisdiction out of
the MVC code into the Penal Code.
Given the traditions of the committee system, this
language must remain in the bill since the author took
them in good faith; however, the original
recommendation made in 2007 still pertains: any of
these penalties belong in the 1800s section of the
MVC.
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6. SUGGESTED AMENDMENT - To keep the laws easy to find
and clear to read, an amendment should be made that
places these sections in the Veterans' Welfare section
(1800s) of the California MVC.
PRIOR ACTIONS
Assembly Public Safety 6-0
Assembly Veterans 9-0
Assembly Appropriations 17-0
Assembly Floor 74-0 (Consent)
Senate Public Safety 7-0
AB 282 (Cook) 9/7/2007
Denham Aye
Correa Aye
Cedillo Aye
Negrete McLeod Aye
Wyland Aye
SUPPORT
None received
OPPOSE
None received
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