BILL ANALYSIS �
Bill No: AB
167
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
AB 167 Author: Cook
As Amended: June 2, 2011
Hearing Date: June 14, 2011
Consultant: Art Terzakis
SUBJECT
California Stolen Valor Act
DESCRIPTION
AB 167 expands existing provisions related to forfeiture of
elected office to additionally require that an elected
officer, as specified, forfeit office upon conviction of a
crime involving a false claim, with intent to defraud, that
he or she is a veteran or a member of the Armed Forces of
the United States. In addition, AB 167 characterizes these
and related provisions, as specified, as the "California
Stolen Valor Act."
EXISTING LAW
California Law:
Existing law requires that an officer forfeit office upon
conviction of designated crimes as specified in the
Constitution and laws of the State. �Government Code
Section 3000]
Existing law requires that an elected officer, as
specified, forfeit his or her office upon conviction of a
crime pursuant to the federal Stolen Valor Act of 2005 that
involves a false claim of receipt of a military decoration
or medal described in that act. �Government Code Section
3003]
Existing law provides that a person who falsely represents
himself or herself as a veteran or ex-serviceman of any war
in which the United States was engaged, in connection with
AB 167 (Cook) continued
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the soliciting of aid or sale or attempted sale of
property, is guilty of a misdemeanor. �Penal Code Section
532b(a)]
Existing law also provides that a person who falsely
claims, or presents himself or herself, to be a veteran or
member of the Armed Forces of the United States, with the
intent to defraud, is guilty of a misdemeanor. �Penal Code
Section 532b(b)]
Existing law requires that a person who, orally, in
writing, or by wearing a military decoration, falsely
represents himself or herself to have been awarded a
military decoration, with the intent to defraud, is guilty
of a misdemeanor. If the person committing the offense is
a veteran of the Armed Forces of the United States, this
offense is an infraction or a misdemeanor. �Penal Code
Section 532b(c)]
Existing law deems a person who falsely represents himself
or herself in a manner as specified to be guilty of a
misdemeanor or infraction. �Military and Veterans Code
Section 1821]
Federal Law:
Existing law requires that a person who, without authority,
wears the uniform or distinctive part thereof, or similar
apparel, of the Armed Forces of the United States or the
Public Health Service, shall be fined or imprisoned for up
to six months. �Title 18 United States Code Section 702]
Existing law provides that a person who, with intent to
deceive, wears any military or official decoration of a
nation with which the United States is at peace, is guilty
of a fine or imprisonment for up to six months. �Title 18
United States Code Section 703]
Existing law demands that a person who knowingly wears,
manufactures, or sells a decoration or medal authorized by
Congress for the armed forces of the United States; a
service medal or badge awarded to members of such forces;
the ribbon, button, or rosette of any such badge,
decoration or medal; or a colorable imitation thereof,
except when authorized under regulations made pursuant to
law, shall be fined under this title, imprisoned not more
AB 167 (Cook) continued
Page 3
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. �Title
18 United States Code Section 704(a) or 704(b)(1)]
Existing law declares that a 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. �Title 18
United States Code Section 705]
BACKGROUND
The federal Stolen Valor Act of 2005 was signed by
President Bush to broaden the provisions of law that
prohibited the unauthorized wearing, manufacturing or
selling of Medal of Honor medals. Under the new law, these
prohibitions also apply to false claims about receiving
medals and expanding the scope beyond only the Medal of
Honor.
Currently, California law requires that an elected officer
forfeit office upon conviction of a crime pursuant to the
federal Stolen Valor Act. Additionally, under California
law, it is already a misdemeanor for a person to falsely
claim or present himself or herself as a veteran or member
of the Armed Forces with intent to defraud. This measure
would expand existing standards concerning forfeiture of
elected office to add that forfeiture be required upon
conviction of such a misdemeanor.
Staff Comments: Please note that the United States Court
of Appeals for the Ninth Circuit rendered a decision in
United States v. Alvarez that the provisions outlined in
AB 167 (Cook) continued
Page 4
the Federal Stolen Valor Act are unconstitutional. The
distinct difference between California's Stolen Valor Act
and the Federal Stolen Valor Act is the clear "intent to
defraud" provision which is not a part of the federal
statutes. Whether this is a sufficient distinction and
whether the Alvarez case will be reviewed by the United
States Supreme Court is unclear at this time.
PRIOR/RELATED LEGISLATION
AB 1829 (Cook) Chapter 366, Statutes of 2010. Among other
things, increased the penalty from an infraction to a
misdemeanor for a person who, orally or in writing, or by
wearing a military decoration, falsely represents himself
or herself to have been awarded a military decoration, with
the intent to defraud.
AB 265 (Cook) Chapter 93, Statutes of 2009. Required
elected state officials to forfeit their office upon the
conviction of a crime involving a false claim of receipt of
any military decoration or medal pursuant to the federal
Stolen Valor Act of 2005.
SB 1482 (Correa) Chapter 118, Statutes of 2008 . Required 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
federal Stolen Valor Act.
AB 282 (Cook) Chapter 360, Statutes of 2007. Made it an
infraction for a person to falsely represent himself or
herself, verbally or in writing, to have been awarded a
decoration or medal from the Armed Forces of the United
States, the California National Guard, State Military
Reserve, or Navel Militia; a service medal or badge awarded
to the members of such forces; a ribbon, button, or rosette
of such a badge, decoration or medal; or, a colorable
imitation of such item, with the intent to defraud.
AB 787 (DeVore) Chapter 457, Statutes of 2006. Provided
that a person who falsely claims, represents or presents
himself or herself to be a veteran or member of the Armed
Forces of the United States, with the intent to defraud, is
guilty of a misdemeanor.
SUPPORT: As of June 10, 2011:
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American Legion, Department of California
AMVETS, Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Order of the Purple Heart, Department of
California
Military Officers Association of America, California
Council of Chapters
Student Veterans of California
Vietnam Veterans of America, California State Council
OPPOSE: None on file as of June 10, 2011.
FISCAL COMMITTEE: No
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