ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: RAGE DP 6-0-1-0 | 3rd Read: 25-4-1-0

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


SB 1424: liquor sampling; reporting; requirements

S/E: impersonation; veteran; armed forces

Sponsor: Senator Bolick, LD 2

Committee on Government

 

Summary of the Strike-Everything Amendment to SB 1424

Overview

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

History

A person convicted of a class 1 misdemeanor can be sentenced to a maximum of six months.  A person convicted of a first-time felony offense must be sentenced within the following range depending on mitigating and aggravating circumstances:

1)   for a class 6 felony, between .33 and 2 years;

2)   for a class 5 felony, between .5 and 2.5 years; and

3)   for a class 4 felony, between 1 and 3.75 years (A.R.S. §§ 13-702, 13-707).

Provisions

1.   Specifies a person commits impersonation of a veteran of the armed forces if the person knowingly misrepresents themselves to be a veteran with the intent to obtain money, property or any tangible benefit, while doing any of the following:

a)   knowingly misrepresenting themselves to be a veteran of any branch of the armed services;

b)   knowingly misrepresenting themselves to be a recipient of a decoration, medal, badge or tab that was not lawfully earned through military service;

c) knowingly misrepresenting themselves to have graduated from a military school or to have obtained a rating or military occupational specialty;

d)   falsely claiming attendance at specified academies or schools;

e)   knowingly misrepresenting themselves to be a combat veteran;

f) falsifying military documents or records;

g)   knowingly misrepresenting themselves to receive a characterization of discharge that they did not receive; or

h)   knowingly misrepresenting themselves as a veteran in furtherance of a campaign for political office. (Sec. 1)

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. (Sec. 1)

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. (Sec. 1)

4.   Requires an elected official who is convicted of impersonating a veteran to be removed from office within 10 calendar days after sentencing. (Sec. 1)

5.   Exempts actors and actresses playing a veteran in a production intended for entertainment. (Sec. 1)

6.   Exempts homeless individuals. (Sec. 1)

7.   Classifies impersonating a veteran as a class 1 misdemeanor. (Sec. 1)

8.   States impersonating a veteran is a class 6 felony if the benefit obtained is between $500 and $4,999. (Sec. 1)

9.   Specifies impersonating a veteran is a class 5 felony if the benefit obtained is between $5,000 and $9,999. (Sec. 1)

10.  Specifies impersonating a veteran is a class 4 felony if the benefit obtained is $10,000 or more. (Sec. 1)

11.  Defines combat veteran and tangible benefit. (Sec. 1)

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

 

 

 

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                        SB 1424

Initials JH     Page 0 Government

 

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