Military fraud.
Summary
Existing law requires certain elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2005 that involves a false claim of receipt of any military decoration or medal, as specified, or the California Stolen Valor Act that involves a false claim, made with the intent to defraud, that the person is a veteran or a member of the Armed Forces of the United States. Existing law, the federal Stolen Valor Act of 2013, prohibits a person, with the intent to obtain money, property, or other tangible property, from fraudulently holding oneself out to be a recipient of a military decoration or medal, as specified. This bill would instead require these elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2013 or the California Stolen Valor Act that involves a fraudulent claim, made with the intent to obtain money, property, or other tangible benefit, as defined, that the person is a veteran or a member of the Armed Forces of the United States, as prescribed in those acts. Existing law makes it a misdemeanor for a person to falsely represent himself or herself as a veteran or member of the Armed Forces of the United States in connection with specified acts. Existing law provides that 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. This bill would conform those provisions to the federal Stolen Valor Act of 2013, and impose a misdemeanor only if the prescribed actions described above are made with the intent to obtain money, property, or other tangible benefit, as defined. The bill would expand the above-described crime related to misrepresentation to include a person who falsely represents himself or herself as a veteran or member of other specified armed forces with the intent to obtain money, property, or other tangible benefit. The bill would additionally make it a misdemeanor for a person to misrepresent himself or herself as a member or veteran of specified armed forces in connection with certain acts, such as, among other things, the forgery or use of falsified military documentation, or for purposes of employment or promoting a business, charity, or other endeavor, as prescribed. By creating new crimes, 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.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2016
Committee Review
Aug 2016
Assembly Passage
Apr 2016
Senate Passage
Governor
Introduced Jan 25, 2016
Last action Aug 11, 2016
Floor votes · Assembly Apr 14, 2016
How they voted
71–0
Passed · 4 other
Total votes 75
Apr 14, 2016
D
Democratic50
94% Yea
I
Independent1
100% Yea
R
Republican24
95% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
19
Key actions
6
Committee
13
Aug 11, 2016
Upper · Passed
In committee: Held under submission.
upper
Aug 11, 2016
Committee
In committee: Referred to APPR. suspense file.
upper
Aug 8, 2016
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 14, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 14). Re-referred to Com. on APPR.
upper
May 10, 2016
Committee
From committee: Do pass and re-refer to Com. on V.A. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (May 10). Re-referred to Com. on V.A.
upper
Apr 28, 2016
Committee
Referred to Coms. on G.O. and V.A.
upper
Apr 14, 2016
Assembly · Passed
Assembly Vote: pass (71-0-4)
assembly
Apr 6, 2016
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (April 6).
lower
Mar 30, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 29). Re-referred to Com. on APPR.
lower
Mar 15, 2016
Committee
From committee: Do pass and re-refer to Com. on V.A. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on V.A.
lower
Mar 9, 2016
Committee
Re-referred to Com. on PUB. S.
lower
Mar 1, 2016
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Feb 18, 2016
Committee
Referred to Coms. on PUB. S. and V.A.
lower
Jan 26, 2016
Lower · Passed
From printer. May be heard in committee February 25.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Rocky J. Chávez
RRepublican
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