ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session

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HB 2030: impersonation; veteran; armed forces

Sponsor: Representative Blackman, LD 7

Committee on Federalism, Military Affairs & Elections

Overview

Establishes the offense of impersonation of a veteran of the armed forces.

History

A person convicted of a first-time felony offense must be sentenced within the following range:

1) for a class 4 felony, between 1 and 3.75 years depending on mitigating and aggravating circumstances;

2) for a class 3 felony, between 2 and 8.75 years depending on mitigating and aggravating circumstances;

3) for a class 2 felony, between 3 and 12.5 years depending on mitigating and aggravating circumstances (A.R.S. § 13-702).

Provisions

1. Specifies a person commits impersonation of a veteran of the armed forces if the person knowingly pretends to be a veteran with the intent to induce another to submit to their pretended authority or to rely on the person's pretended official acts, while doing any of the following:

a) attempting to obtain employment or government contracts, secure votes, campaign contributions or political advantages or claiming veteran benefits;

b) wearing, displaying or claiming entitlement to any award in any branch of the United States armed forces;

c) falsifying or altering military documents, including certificates of release or discharge and personnel files; or

d) falsely wearing, for personal benefit, any combat-related or special skills badges and tabs not lawfully earned through military service. (Sec. 1)

2. Clarifies that it is not a defense that the veteran the person pretended to be does not actually exist or that the pretended veteran did not actually possess the authority claimed. (Sec. 1)

3. Requires a person serving as a state, county, municipal or district elected official at the time of conviction to be removed from office within 10 days after sentencing. (Sec. 1)

4. Classifies impersonation of a veteran of the armed forces as a class 4 felony. (Sec. 1)

5. Classifies impersonation of a veteran of the armed forces as a class 3 felony if the offense involves a benefit with a value of between $5,000 and $10,000. (Sec. 1)

6. Classifies impersonation of a veteran of the armed forces as a class 2 felony if the offense involves a benefit with a value of at least $50,000. (Sec. 1)

7. Specifies a person convicted of a class 2 felony offense in violation of this law, except for inmate work, temporary release for compassionate leave or early release credits otherwise established by law, is ineligible for suspension of a sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or the sentence commuted. (Sec. 1)

8. Entitles this act as the Master Sergeant Orlando Dona Valor Act. (Sec. 2)

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12.                   HB 2030

13. Initials JH           Page 0 Federalism, Military Affairs & Elections

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