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

House Engrossed

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. ยง 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 detrimentally rely on the person's pretended official acts, while doing any of the following:

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

b)   pretends to be a recipient of a decoration, medal, badge 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.

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

12.   

13.   

14.  ---------- DOCUMENT FOOTER ---------

15.                    HB 2030

16.  Initials JH           Page 0 House Engrossed

17.   

18.  ---------- DOCUMENT FOOTER ---------