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  AUGUST 16, 2010
	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 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. 
   The bill would incorporate additional changes in Section 19.8 of
the Penal Code proposed by AB 451 and AB 1675, to be operative only
if this bill and one or both of the other bills are chaptered and
become effective on or before January 1, 2011, and this bill is
chaptered last. 
   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 (c) of Section 532b and 
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. 3.3.    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, 555, 652, and 853.7
of this code;  subdivision (c) of Section 532b, and 
subdivision (n)  and subparagraph (A) of paragraph (2) of
subdivision (z)  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. 3.5.    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, 555,  602.13,
 652, and 853.7 of this code;  subdivision (c) of Section
532b, and  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. 3.7.    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, 555,  602.13,
 652, and 853.7 of this code;  subdivision (c) of Section
532b, and  subdivision (n)  and subparagraph (A) of
paragraph (2) of subdivision (z)  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. 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) 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.
   (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. 5.    (a) Section 3.3 of this bill incorporates
amendments to Section 19.8 of the Penal Code proposed by both this
bill and AB 451. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2011, (2) each
bill amends Section 19.8 of the Penal Code, and (3) AB 1675 is not
enacted or as enacted does not amend that section, and (4) this bill
is enacted after AB 451, in which case Sections 3, 3.5, and 3.7 of
this bill shall not become operative.  
   (b) Section 3.5 of this bill incorporates amendments to Section
19.8 of the Penal Code proposed by both this bill and AB 1675. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2011, (2) each bill amends Section
19.8 of the Penal Code, (3) AB 451 is not enacted or as enacted does
not amend that section, and (4) this bill is enacted after AB 1675,
in which case Sections 3, 3.3, and 3.7 of this bill shall not become
operative.  
   (c) Section 3.7 of this bill incorporates amendments to Section
19.8 of the Penal Code proposed by this bill, AB 451, and AB 1675. It
shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2011, (2) all three bills
amend Section 19.8 of the Penal Code, and (3) this bill is enacted
after AB 451 and AB 1675, in which case Sections 3, 3.3, and 3.5, of
this bill shall not become operative. 
   SEC. 5.   SEC. 6.   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.