Bill Text: CA AB1706 | 2015-2016 | Regular Session | Amended
Bill Title: Military fraud.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1706 Detail]
Download: California-2015-AB1706-Amended.html
BILL NUMBER: AB 1706 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 8, 2016
INTRODUCED BY Assembly Member Chávez
JANUARY 25, 2016
An act to amend Section 3003 of the Government Code, and to amend
Section 532b of the Penal Code, relating to military fraud.
LEGISLATIVE COUNSEL'S DIGEST
AB 1706, as amended, Chávez. Military fraud.
Existing law requires certain elected officers to forfeit their
office upon the conviction of a crime pursuant to the federal Stolen
Valor Act of 2005 that involves a false claim of receipt of any
military decoration or medal, as specified, or the California Stolen
Valor Act that involves a false claim, made with the intent to
defraud, that the person is a veteran or a member of the Armed Forces
of the United States. Existing law, the federal Stolen Valor Act of
2013, prohibits a person, with the intent to obtain money, property,
or other tangible property, from fraudulently holding oneself out to
be a recipient of a military decoration or medal, as specified.
This bill would instead require these elected officers to forfeit
their office upon the conviction of a crime pursuant to the federal
Stolen Valor Act of 2013 or the California Stolen Valor Act that
involves a fraudulent claim, made with the intent to obtain money,
property, or other tangible benefit, as defined, that the person is a
veteran or a member of the Armed Forces of the United States, as
prescribed in those acts.
Existing law makes it a misdemeanor for a person to falsely
represent himself or herself as a veteran or member of the Armed
Forces of the United States in connection with specified acts.
Existing law provides that any person 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, is guilty of a misdemeanor.
This bill would conform those provisions to the federal Stolen
Valor Act of 2013, and impose a misdemeanor only if the prescribed
actions described above are made with the intent to obtain money,
property, or other tangible benefit, as defined. The bill would
expand the above-described crime related to
misrepresentation to include a person who falsely
represents himself or herself as a veteran or member of other
specified armed forces with the intent to obtain money, property, or
other tangible benefits. benefit. The
bill would additionally make it a misdemeanor for a person to
misrepresent himself or herself as a member or veteran of specified
armed forces in connection with certain acts, such as, among other
things, the forgery or use of falsified military documentation, or
for purposes of employment or promoting a business, charity, or other
endeavor, as prescribed.
By creating new crimes, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3003 of the Government Code is amended to read:
3003. (a) An elected officer of the state or a city, county, city
and county, or district in this state forfeits his or her office
upon the conviction of a crime pursuant to the federal Stolen Valor
Act of 2013 (18 U.S.C. Sec. 704) or the California Stolen Valor Act
(as specified in Section 532b of the Penal Code), that involves a
fraudulent claim, made with the intent to obtain money, property, or
other tangible benefit, that the person is a veteran or a member of
the Armed Forces of the United States, as prescribed in those acts.
(b) For purposes of this section, the following terms shall have
the following meanings:
(1) "District" means any agency of the state formed pursuant to
general law or special act, for the local performance of governmental
or proprietary functions within limited boundaries.
(2) "Tangible benefit" means financial remuneration, an effect on
the outcome of a criminal or civil court proceeding, an
effect on an election, or any benefit relating to service
in the military that is provided by a federal, state, or local
governmental entity.
SEC. 2. Section 532b of the Penal Code is amended to read:
532b. (a) Any person who fraudulently represents himself or
herself as a veteran or ex-serviceman of any war in which the United
States was engaged, in connection with the soliciting of aid or the
sale or attempted sale of any property, is guilty of a misdemeanor.
(b) Any person who fraudulently claims, or presents himself or
herself, to be a veteran or member of the Armed Forces of the United
States, the California National Guard, the State Military Reserve,
the Naval Militia, the national guard of any other state, or any
other reserve component of the Armed Forces of the United States,
with the intent to obtain money, property, or other tangible benefit,
is guilty of a misdemeanor.
(c) (1) Except as provided in paragraph (2), any person 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 obtain money, property, or other
tangible benefit, is guilty of a misdemeanor.
(2) This offense is an infraction or a misdemeanor, subject to
Sections 19.6, 19.7, and 19.8, if the person committing the offense
is a veteran of the Armed Forces of the United States.
(d) Any person who forges documentation reflecting the awarding of
any military decoration that he or she has not received for the
purposes of obtaining money, property, or receiving a tangible
benefit is guilty of a misdemeanor.
(e) Any person who knowingly, with the intent to impersonate and
to deceive, for the purposes of obtaining money, property, or
receiving a tangible benefit, misrepresents himself or herself as a
member or veteran of the Armed Forces of the United States, the
California National Guard, the State Military Reserve, or the Naval
Militia by wearing the uniform or military decoration authorized for
use by the members or veterans of those forces, is guilty of a
misdemeanor.
(f) Any person who knowingly utilizes falsified military
identification for the purposes of obtaining money, property, or
receiving a tangible benefit, is guilty of a misdemeanor.
(g) Any person who knowingly, with the intent to impersonate, for
the purposes of promoting a business, charity, or endeavor,
misrepresents himself or herself as a member or veteran of the Armed
Forces of the United States, the California National Guard, the State
Military Reserve, or the Naval Militia by wearing the uniform or
military decoration authorized for use by the members or veterans of
those forces, is guilty of a misdemeanor.
(h) Any person who knowingly, with the intent to gain an advantage
for employment purposes, misrepresents himself or herself as a
member or veteran of the Armed Forces of the United States, the
California National Guard, the State Military Reserve, or the Naval
Militia by wearing the uniform or military decoration authorized for
use by the members or veterans of those forces, is guilty of a
misdemeanor.
(i) This section does not apply to face-to-face solicitations
involving less than ten dollars ($10).
(j) This section, Section 3003 of the Government Code, and Section
1821 of the Military and Veterans Code shall be known and may be
cited as the California Stolen Valor Act.
(k) For purposes of this section, the following terms shall have
the following meanings:
(1) "Military decoration" means any decoration or medal from the
Armed Forces of the United States, the California National Guard, the
State Military Reserve, or the 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.
(2) "Tangible benefit" means financial remuneration, an effect on
the outcome of a criminal or civil court proceeding, an
effect on an election, or any benefit relating to service
in the military that is provided by a federal, state, or local
governmental entity.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
