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

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-Introduced.html

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BILL NUMBER: AB 1829	INTRODUCED
	BILL TEXT


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

                        FEBRUARY 11, 2010

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1829, as introduced, 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
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repealed. 
   648.1.  (a) 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 an infraction.
   (b) For purposes of this section, "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 such
forces, or the ribbon, button, or rosette of any such badge,
decoration, or medal, or any colorable imitation of such item.

  SEC. 2.  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 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) 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. 

   (c) 
    (d)  This section does not apply to face-to-face
solicitations involving less than ten dollars ($10).
  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.