Bill Text: MI HB4020 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Crimes; other; making false representation about military status; prohibit under certain circumstances and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 286.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-23 - Printed Bill Filed 01/23/2013 [HB4020 Detail]
Download: Michigan-2013-HB4020-Introduced.html
HOUSE BILL No. 4020
January 22, 2013, Introduced by Rep. Darany and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 286.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 286. (1) A person shall not misrepresent his or her
current or former military status when he or she makes any of the
following claims, orally or in writing or by false display, with
the intent to defraud, obtain employment, or be elected or
appointed to public office:
(a) That he or she is entitled to wear military awards,
military decorations, or military rank.
(b) That he or she served in the United States armed forces, a
reserve component of the United States armed forces, or the
national guard.
(c) That he or she served in the military during a wartime
era, whether or not there was a declared war, or served in a combat
zone.
(d) That he or she served, or is serving, in the military at a
certain location, with a certain rank or rating, or engaged in a
certain mission, or any other claim concerning his or her actual
military service.
(2) This section does not apply to a person who or an
organization that does 1 or more of the following:
(a) Reenacts military history or a military event.
(b) Plays the part of a member of the United States armed
forces, a reserve component of the United States armed forces, or
the national guard in a play, motion picture, television
production, or other dramatic production, or at a patriotic or
civic event.
(c) Serves as a member of the United States armed forces, a
reserve component of the United States armed forces, or the
national guard and, as part of a military assignment, is
representing a member of the United States armed forces in a
previous war or time period for ceremonial, recruiting, or training
purposes.
(d) Works as an employee of or volunteer for a museum and, as
a part of his or her duties, is representing a member of the United
States armed forces, a reserve component of the United States armed
forces, or the national guard for ceremonial, historical, or
training purposes.
(e) Owns, displays, purchases, sells, or trades militaria,
including, but not limited to, medals, ribbons, and rank insignia,
and does not claim to have personally earned them unless he or she
is legally entitled to do so.
(f) Uses his or her given name that includes a military rank,
so long as he or she does not use the name to defraud another in a
manner prohibited by this section.
(g) Uses a name or honorary military or military-like rank
that has been bestowed upon him or her by a public officer, public
employee, or public agency, in the name of a public officer or
public agency.
(h) Uses a corporate, partnership, sole proprietorship, or
other name for a business or product that includes a military rank,
so long as the name is not used to defraud another in a manner
prohibited by this section.
(i) Holds a registered trademark that includes a military rank
or honorary rank, so long as the trademark is not used to defraud
another in a manner prohibited by this section.
(3) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year, a
fine of not more than $5,000.00, or both, and not more than 100
hours of community service, that shall be performed in a veterans
home or for a veterans service organization.
(4) A person may be charged with, convicted of, and sentenced
for any other violation of law in addition to the violation of this
section.
(5) This section shall be known and may be cited as the
"stolen valor law".
