Bill Text: NY A01818 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides that a person is guilty of criminal impersonation in the second degree when a person pretends to be a servicemember or former servicemember, or a first responder, or as having received a decoration or medal; establishes a stolen valor fee.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced) 2024-05-22 - reported referred to ways and means [A01818 Detail]
Download: New_York-2023-A01818-Amended.html
Bill Title: Provides that a person is guilty of criminal impersonation in the second degree when a person pretends to be a servicemember or former servicemember, or a first responder, or as having received a decoration or medal; establishes a stolen valor fee.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced) 2024-05-22 - reported referred to ways and means [A01818 Detail]
Download: New_York-2023-A01818-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1818--A 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. DINOWITZ, BENEDETTO, COLTON, PEOPLES-STOKES, GUNTHER, WOERNER, RIVERA, STECK, BRABENEC -- Multi-Sponsored by -- M. of A. GLICK, RAMOS -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to creating the crime of stolen valor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 10.00 of the penal law is amended by adding four 2 new subdivisions 23, 24, 25, and 26 to read as follows: 3 23. "Member of the military or reserves" means (a) a member of the 4 United States army, navy, air force, marines, coast guard, army national 5 guard, air national guard and/or reserves thereof or (b) a member of the 6 New York guard or the New York naval militia. 7 24. "Veteran" means a person who was a member of the military or 8 reserves as defined in subdivision twenty-three of this section, but who 9 has since been discharged from such services. 10 25. "First responder" means a firefighter, law enforcement officer, 11 paramedic, emergency medical technician, emergency services dispatcher, 12 or other individual, including an employee of a legally organized and 13 recognized volunteer organization, whether compensated or not, who, in 14 the course of his or her professional duties, responds to fire, medical, 15 hazardous material, or other similar emergencies. 16 26. "First responder agency" means a state or local district, munici- 17 pality, or other political subdivision that employs a first responder, 18 to provide fire protection, paramedic services, law enforcement, emer- 19 gency services, or rescue or recovery services, or a recognized volun- 20 teer organization that provides fire protection, paramedic services, law 21 enforcement, emergency services, or rescue or recovery services. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00836-02-3A. 1818--A 2 1 § 2. The penal law is amended by adding a new section 190.28 to read 2 as follows: 3 § 190.28 Stolen valor. 4 A person is guilty of stolen valor when he or she pretends to be a 5 member of the military or reserves as defined by subdivision twenty- 6 three of section 10.00 of this chapter, or pretends to be a veteran as 7 defined by subdivision twenty-four of section 10.00 of this chapter, or 8 pretends to be a first responder as defined by subdivision twenty-five 9 of section 10.00 of this chapter, or wears or displays without authori- 10 ty, any uniform, badge or other insignia or facsimile thereof, by which 11 such member of the military, veteran or first responder is lawfully 12 distinguished or expresses by his or her words or actions that he or she 13 is acting with the approval or authority of any department of defense 14 branch, the United States Coast Guard or first responder agency for the 15 purpose of fraudulently obtaining money or other benefits. 16 Stolen valor is a class A misdemeanor. 17 § 3. Subdivisions 1, 2 and 3 of section 60.35 of the penal law, as 18 amended by section 1 of part E of chapter 56 of the laws of 2004, 19 subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision 1 as 20 amended by section 1 of part DD of chapter 56 of the laws of 2008 and 21 paragraph (b) of subdivision 1 as amended by chapter 320 of the laws of 22 2006, are amended to read as follows: 23 1. (a) Except as provided in section eighteen hundred nine of the 24 vehicle and traffic law and section 27.12 of the parks, recreation and 25 historic preservation law, whenever proceedings in an administrative 26 tribunal or a court of this state result in a conviction for a felony, a 27 misdemeanor, or a violation, as these terms are defined in section 10.00 28 of this chapter, there shall be levied at sentencing a mandatory 29 surcharge, sex offender registration fee, DNA databank fee [and], a 30 crime victim assistance fee, and a stolen valor fee in addition to any 31 sentence required or permitted by law, in accordance with the following 32 schedule: 33 (i) a person convicted of a felony shall pay a mandatory surcharge of 34 three hundred dollars and a crime victim assistance fee of twenty-five 35 dollars; 36 (ii) a person convicted of a misdemeanor shall pay a mandatory 37 surcharge of one hundred seventy-five dollars and a crime victim assist- 38 ance fee of twenty-five dollars; 39 (iii) a person convicted of a violation shall pay a mandatory 40 surcharge of ninety-five dollars and a crime victim assistance fee of 41 twenty-five dollars; 42 (iv) a person convicted of a sex offense as defined by subdivision two 43 of section one hundred sixty-eight-a of the correction law or a sexually 44 violent offense as defined by subdivision three of section one hundred 45 sixty-eight-a of the correction law shall, in addition to a mandatory 46 surcharge and crime victim assistance fee, pay a sex offender registra- 47 tion fee of fifty dollars[.]; 48 (v) a person convicted of a designated offense as defined by subdivi- 49 sion seven of section nine hundred ninety-five of the executive law 50 shall, in addition to a mandatory surcharge and crime victim assistance 51 fee, pay a DNA databank fee of fifty dollars[.]; 52 (vi) a person convicted of any offense pursuant to section 190.28 of 53 this chapter shall, in addition to a mandatory surcharge and crime 54 victim assistance fee, pay any other fee required by this article, and 55 pay a stolen valor fee in the amount of two hundred fifty dollars.A. 1818--A 3 1 (b) When the felony or misdemeanor conviction in subparagraphs (i), 2 (ii) or (iv) of paragraph (a) of this subdivision results from an 3 offense contained in article one hundred thirty of this chapter, incest 4 in the third, second or first degree as defined in sections 255.25, 5 255.26 and 255.27 of this chapter or an offense contained in article two 6 hundred sixty-three of this chapter, the person convicted shall pay a 7 supplemental sex offender victim fee of one thousand dollars in addition 8 to the mandatory surcharge and any other fee. 9 2. Where a person is convicted of two or more crimes or violations 10 committed through a single act or omission, or through an act or omis- 11 sion which in itself constituted one of the crimes or violations and 12 also was a material element of the other, the court shall impose a 13 mandatory surcharge and a crime victim assistance fee, and where appro- 14 priate a supplemental sex offender victim fee or a stolen valor fee, in 15 accordance with the provisions of this section for the crime or 16 violation which carries the highest classification, and no other 17 sentence to pay a mandatory surcharge, crime victim assistance fee [or], 18 supplemental sex offender victim fee, or a stolen valor fee required by 19 this section shall be imposed. Where a person is convicted of two or 20 more sex offenses or sexually violent offenses, as defined by subdivi- 21 sions two and three of section one hundred sixty-eight-a of the 22 correction law, committed through a single act or omission, or through 23 an act or omission which in itself constituted one of the offenses and 24 also was a material element of the other, the court shall impose only 25 one sex offender registration fee. Where a person is convicted of two or 26 more designated offenses, as defined by subdivision seven of section 27 nine hundred ninety-five of the executive law, committed through a 28 single act or omission, or through an act or omission which in itself 29 constituted one of the offenses and also was a material element of the 30 other, the court shall impose only one DNA databank fee. 31 3. The mandatory surcharge, sex offender registration fee, DNA data- 32 bank fee, crime victim assistance fee, [and] supplemental sex offender 33 victim fee, and stolen valor fee provided for in subdivision one of this 34 section shall be paid to the clerk of the court or administrative tribu- 35 nal that rendered the conviction. Within the first ten days of the month 36 following collection of the mandatory surcharge, crime victim assistance 37 fee, and supplemental sex offender victim fee, the collecting authority 38 shall determine the amount of mandatory surcharge, crime victim assist- 39 ance fee, [and] supplemental sex offender victim fee, and stolen valor 40 fee collected and, if it is an administrative tribunal, or a town or 41 village justice court, it shall then pay such money to the state comp- 42 troller who shall deposit such money in the state treasury pursuant to 43 section one hundred twenty-one of the state finance law to the credit of 44 the criminal justice improvement account established by section ninety- 45 seven-bb of the state finance law. Within the first ten days of the 46 month following collection of the sex offender registration fee and DNA 47 databank fee, the collecting authority shall determine the amount of the 48 sex offender registration fee and DNA databank fee collected and, if it 49 is an administrative tribunal, or a town or village justice court, it 50 shall then pay such money to the state comptroller who shall deposit 51 such money in the state treasury pursuant to section one hundred twen- 52 ty-one of the state finance law to the credit of the general fund. If 53 such collecting authority is any other court of the unified court 54 system, it shall, within such period, pay such money attributable to the 55 mandatory surcharge or crime victim assistance fee to the state commis- 56 sioner of taxation and finance to the credit of the criminal justiceA. 1818--A 4 1 improvement account established by section ninety-seven-bb of the state 2 finance law. If such collecting authority is any other court of the 3 unified court system, it shall, within such period, pay such money 4 attributable to the sex offender registration fee and the DNA databank 5 fee to the state commissioner of taxation and finance to the credit of 6 the general fund. Notwithstanding any other provision of this subdivi- 7 sion, all monies paid to the state comptroller or to the commissioner of 8 taxation and finance which are attributable to monies collected for the 9 stolen valor fee shall be credited to the veterans remembrance and ceme- 10 tery maintenance and operation fund established pursuant to section 11 ninety-seven-mmmm of the state finance law. 12 § 4. This act shall take effect immediately.
