ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: FMAE DPA 6-0-1-0

HB 2030: impersonation; veteran; armed forces

Sponsor: Representative Blackman, LD 7

Caucus & COW

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.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteClassifies 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)

Amendments

Committee on Federalism, Military Affairs & Elections

1.   Specifies a person commits impersonating a veteran if, with the intent to obtain a benefit or to further a political campaign, the person:

a)   pretends to be a veteran of any branch of the armed services;

b)   pretends to be a recipient of a decoration, medal, bade or tab that was not lawfully earned through military service;

c) pretends to have graduated from a military school or to have obtained a rating or military occupational specialty;

d)   falsely claims attendance at specified academies or schools;

e)   pretends to be a combat veteran;

f) falsifies military documents or records; or

g)   pretends to receive a characterization of discharge that they did not receive.

2.   Clarifies that certified separation documents from the applicable uniformed service or the National Archives and Record Administration constitute a complete defense to prosecution of this offense.

3.   Instructs the prosecuting agency to obtain a certified copy of the person's separation documents, or a notice that such documents do not exist, prior to filing a complaint or seeking indictment.

4.   Requires an elected official who is convicted of impersonating a veteran to be removed from office within 10 calendar days after sentencing.

5.   Exempts actors and actresses playing a veteran in a production intended for entertainment.

6.   Exempts homeless individuals who solicit donations for less than $50.

7.   Classifies impersonating a veteran as a class 1 misdemeanor.

8.   Specifies impersonating a veteran is a class 5 felony if the benefit obtained with the value of between $5,000 and $9,999.

9.   Specifies impersonating a veteran is a class 4 felony if the benefit obtained is $10,000 or more or if the person impersonates a veteran in furtherance of a campaign for political office.

10.  Defines combat veteran.

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14.                    HB 2030

15.  Initials JH           Page 0 Caucus & COW

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