Assigned to RAGE                                                                                                        AS PASSED BY HOUSE

Now JUDE-related


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1424

 

liquor sampling; reporting; requirements

(NOW: impersonation; veteran; armed forces)

As passed the Senate, S.B. 1424 prescribed the authorized means for a licensed beer and wine store or liquor store with sampling privileges to maintain and report required sampling records.

The House of Representatives adopted a strike-everything amendment that does the following:

Purpose

Establishes the criminal classification of impersonating a veteran, which a person commits by knowingly misrepresenting themselves to be a veteran and engaging in specified acts with intent to obtain money, property or any other tangible benefit.

Background

Under federal law, individuals who fraudulently present themselves to be the recipient of specified decorations or medals of the military, with intent to obtain money, property, or other tangible benefits, must be either fined, imprisoned for not more than one year, or both. Military medals and decorations subject to enhanced penalties for fraudulent representation or receipt include: 1) various Congressional Medals of Honor; 2) a distinguished-service cross; 3) a Navy cross; 4) an Air Force cross; 5) a silver star; 6) a Purple Heart; and 7) various combat badges. Additionally, a person who knowingly purchases, solicits, manufactures, sells, trades or otherwise exchanges anything of value for service medals, badges or ribbons, must be either fined, imprisoned for not more than six months, or both (18 U.S.C. 704).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Classifies the offense of impersonating a veteran of the U.S. Armed Forces, which a person commits by knowingly misrepresenting themselves to be a veteran and engaging in any following conduct with intent to obtain money, property or any tangible benefit:

a)   knowingly misrepresenting themselves to be a veteran of any branch of the Uniformed Services without having served in that branch;

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 from which the person did not graduate, or obtaining a military occupational specialty rating that the person did not obtain;

d)   falsely claiming attendance at any of the following military academies or schools:

i. the U.S. Military Academy;

ii. the U.S. Naval Academy;

iii. the U.S. Air Force Academy;

iv. the U.S. Coast Guard Academy;

v. the U.S. Merchant Marine Academy;

vi. the U.S. Marine Corp and U.S. Army Sergeant Majors Academy;

vii. the U.S. Air Force Chiefs course;

viii. the U.S. Navy Senior Enlisted Academy; or

ix. all other military branch schools that produce an additional skills identifier qualification, including, ranger, seal, recon or special forces.

e)   knowingly misrepresenting themselves to be a combat veteran;

f) falsifying or altering military documents or records;

g)   knowingly misrepresenting themselves to have received a characterization of discharge that the person did not receive; or

h)   knowingly misrepresenting themselves to be a veteran in the furtherance of a campaign for political office.

2.   Classifies impersonating a veteran as a class 1 misdemeanor, unless the benefit obtained is at least $50,000, in which case it is a class 6 felony.

3.   Stipulates that if a person is found guilty of impersonating a veteran as a class 6 felony, the offense is not eligible to be reduced to a misdemeanor.

4.   Provides a complete defense to a prosecution for impersonating a veteran if the person can support their claims based on certified separation documents from the applicable Uniformed Service or the National Archives and Record Administration.

5.   Requires a prosecuting agency to obtain a certified copy of such separation documents, or receive notice that such documents do not exist, prior to filing a complaint or seeking an indictment.

6.   Specifies that impersonating a veteran does not apply to:

a)   actors or actresses who play a veteran in conjunction with a role in a production intended for entertainment; or

b)   individuals experiencing homelessness.

7.   Specifies that a person convicted of impersonating a veteran is subject to all applicable penalties and provisions of law, including disqualification from public office.

8.   Defines combat veteran as a current or former member of the Uniformed Services who served in a location where the receipt of imminent danger pay or hostile fire pay was authorized.

9.   Defines tangible benefit as financial renumeration, an effect on the outcome of a criminal or civil court proceeding, or any benefit relating to service in the military that is provided by a federal, state or local government entity.

10.  Cites this legislation as the Master Sergeant Orlando Dona Valor Act.

11.  Becomes effective on the general effective date.

Amendments Adopted by the House of Representatives

ยท Adopted the strike-everything amendment.

House Action

COM               3/12/25      W/D

GOV               3/19/25      DPA/SE    6-0-0-1

3rd Read          4/9/25                          54-1-5

 

Prepared by Senate Research

April 10, 2025

ZD/ci