BILL ANALYSIS
AB 1829
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1829 (Cook)
As Amended August 16, 2010
Majority vote
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|ASSEMBLY: |74-0 |(April 29, |SENATE: |1829 |(August 19, |
| | |2010) | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Increases the penalty from an infraction to a misdemeanor
for civilians who, orally, in writing, or by wearing any military
decoration, falsely represents himself or herself to have been awarded
any military decoration, with the intent to defraud.
The Senate amendments:
1)Allow persons who are veterans of the Armed Forces of the U.S. who
orally, in writing, or by wearing any military decoration, falsely
represent himself or herself to have been awarded any military
decoration to be guilty of a misdemeanor or infraction.
2)Double join this bill with AB 451 (Portantino) and AB 1675 (Hagman).
EXISTING LAW :
1)Proscribes that every offense declared to be a misdemeanor is
punishable by imprisonment in the county jail not exceeding six
months, or by fine not exceeding $1,000.
2)Provides that any person who falsely represents himself or herself
as a veteran or ex-serviceman or any war in which the United States
(U.S.) was engaged, in connection with the soliciting of aid or the
sale or attempted sale of any property is guilty of a misdemeanor.
3)States that any person who falsely claims, or presents himself or
herself, to be a veteran or member of the Armed Forces of the U.S.
with the intent to defraud is guilty of a misdemeanor.
4)Provides that any person who willfully wears or uses the badge,
button, rosette, other recognized and "estimable" insignia of the
American Legion, Disabled American Veterans, or Veterans of Foreign
Wars unless the wearer is entitled to do so without the express
permission of such an organization is guilty of a misdemeanor. For
a first conviction, this crime is punishable by imprisonment not to
exceed 30 days in a county jail or a fine not to exceed $500. Upon
AB 1829
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a second conviction, the defendant is punishable by imprisonment in
a county jail for up to six months; a fine of up to $1,000; or both.
Nothing in this section prohibits prosecution under another
provision of law.
5)Mandates any person who, without authority, wears the uniform or
distinctive part thereof, or similar apparel, of any of the armed
forces of the U.S. or the Public Health Service shall be fined or
imprisoned for up to six months.
6)Penalizes a person who, with intent to deceive, wears any military
or official decoration of a nation with which the U.S. is at peace
shall be fined or imprisoned for up to six months.
7)Demands a person who knowingly wears, manufactures, or sells any
decoration or medal authorized by Congress for the armed forces of
the U.S.; any of the service medals or badges awarded to the members
of such forces; the ribbon, button, or rosette of any such badge,
decoration or medal; or any colorable imitation thereof, except when
authorized under regulations made pursuant to law, shall be fined
under this title, imprisoned not more than six months, or both. If
the decoration or medal is a Congressional Medal of Honor, the
offender can be imprisoned not more than one year, fined, or both.
8)Any person who knowingly manufactures, reproduces, sells or
purchases for resale, either separately or on or appended to, any
article of merchandise manufactured or sold; any badge, medal,
emblem; other insignia or any colorable imitation thereof of any
veterans' organization incorporated by enactment of Congress or of
any organization formally recognized by any such veterans'
organization as an auxiliary of such veterans' organization;
knowingly prints, lithographs, engraves or otherwise reproduces on
any poster, circular, periodical, magazine, newspaper, or other
publication; or circulates or distributes any such printed matter
bearing a reproduction of such badge, medal, emblem, or other
insignia or any colorable imitation thereof, except when authorized
under rules and regulations prescribed by any such organization,
shall be fined under this title, imprisoned not more than six
months, or both.
9)Mandates that any person who falsely personates another, in either
his or her private or official capacity, and in such assumed
character receives any money or property knowing that it is intended
to be delivered to the individual so personated, with intent to
convert the same to his or her own use, that of another person, or
to deprive the true owner thereof, punishable in the same manner and
to the same extent as for larceny of the money or property so
received.
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AS PASSED BY THE ASSEMBLY , this bill increased the penalty from an
infraction to a misdemeanor for any person who, orally or in wiring,
or by wearing any military decoration, falsely represents himself or
herself to have been awarded any military decoration, with the intent
to defraud. Specifically, this bill :
1)Provided that Penal Code Section 532b any person who, orally or in
wiring, or by wearing any military decoration, falsely represents
himself or herself to have been awarded any military decoration,
with the intent to defraud, is guilty of a misdemeanor, punishable
by up to six months in the county jail, by a fine not exceeding
$1,000, or both.
2)Defined "military decoration" as any decoration or medal from the
Armed Forces of the United States, California National Guard, State
Military Reserve, or Naval Militia, or any service medals or badges
awarded to the members of those forces, or the ribbon, button, or
rosette of that badge, decoration, or medal, or any colorable
imitation of that item.
FISCAL EFFECT : According to the Senate Appropriations Committee,
unknown, potentially offset by fines.
COMMENTS : According to the author, "The crime of fraudulently
misrepresenting one's military record to defraud others is utterly
reprehensible. It pleased me to put AB 282 on the books in 2007, but
punishing this type of crime by issuing an infraction doesn't go far
enough. This bill is necessary to protect the dignity and honor of
the men and women who have served honorably in the United States Armed
Forces."
Please see the policy committee for a full discussion of this bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 319-3744
FN:
0006189