Bill Text: CA AB1829 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Military decorations: fraud.

Spectrum: Slight Partisan Bill (Republican 15-7)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State - Chapter 366, Statutes of 2010. [AB1829 Detail]

Download: California-2009-AB1829-Amended.html

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BILL NUMBER: AB 1829	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010

INTRODUCED BY   Assembly Member Cook
   (Coauthors: Assembly Members  Adams,  Anderson, Tom
Berryhill,  Block,  Chesbro, DeVore, Emmerson, Fletcher,
Gilmore, Jeffries, Lieu, Nestande, Niello, Portantino,  Salas,
 Silva, Smyth, and Audra Strickland)
   (Coauthors: Senators Correa  , Denham,  and DeSaulnier)

                        FEBRUARY 11, 2010

   An act  to add Section 1821 to, and  to repeal Section
648.1 of  ,  the Military and Veterans Code, and to amend
 Section   Sections 19.8 and  532b of the
Penal Code, relating to military decorations.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1829, as amended, Cook. Military decorations: fraud.
   Existing law provides any person who, orally, in writing, or by
wearing any military decoration, falsely represents himself or
herself to have been awarded any military decoration, as specified,
with the intent to defraud, is guilty of an infraction.
   This bill would instead provide that the offense is a misdemeanor
 , or in the case where the person committing the offense is a
veteran of the Armed Forces of the United States, an infraction or a
misdemeanor, as specified,  and would exempt face-to-face
solicitations involving less than $10.
   By increasing the penalty for an existing offense, 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 648.1 of the Military and Veterans Code is
repealed.
   SEC. 2.    Section 1821 is added to the  
Military and Veterans Code   , to read:  
   1821.  A person who falsely represents himself or herself in a
manner specified in Section 532b of the Penal Code shall be guilty of
a misdemeanor or infraction, as prescribed by Section 532b of the
Penal Code. 
   SEC. 3.    Section 19.8 of the   Penal Code
  is amended to read: 
   19.8.  The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7,  subdivision
(c) of Section 532b, and Sections  555, 652, and 853.7 of this
code; subdivision (n) of Section 602 of this code; subdivision (b) of
Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the
Business and Professions Code; Section 27204 of the Government Code;
subdivision (c) of Section 23109 and Sections 12500, 14601.1,
27150.1, 40508, and 42005 of the Vehicle Code, and any other offense
which the Legislature makes subject to subdivision (d) of Section 17.
Except where a lesser maximum fine is expressly provided for a
violation of any of those sections, any violation which is an
infraction is punishable by a fine not exceeding two hundred fifty
dollars ($250).
   Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
   SEC. 2.   SEC. 4.   Section 532b of the
Penal Code is amended to read:
   532b.  (a) Any 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 the soliciting of aid or the sale or
attempted sale of any property, is guilty of a misdemeanor.
   (b) Any 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.
   (c) (1)  Any   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 defraud, 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.  

   (2) 
    (3)  For purposes of this subdivision, "military
decoration" means any decoration or medal from the Armed Forces of
the United States, the 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.
   (d) This section does not apply to face-to-face solicitations
involving less than ten dollars ($10).
   SEC. 3.   SEC. 5.   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.