FALSE CLAIM OF MILITARY STATUS S.B. 386: FLOOR SUMMARY
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Senate Bill 386 (as reported without amendment)
Sponsor: Senator John Moolenaar
Committee: Veterans, Military Affairs, and Homeland Security

CONTENT
The bill would create the "Stolen Valor Law" within the Michigan Penal Code to prohibit a person from misrepresenting his or her current or former military status when he or she made any of the following claims, orally or in writing or by false display, with the intent to defraud, obtain employment, or be elected or appointed to public office:

-- That he or she was entitled to wear military awards, decorations, or rank.
-- That he or she served in the U.S. Armed Forces, a reserve component of the U.S. Armed Forces, or the National Guard.
-- That he or she served in the military during a wartime era, whether or not there was a declared war, or served in a combat zone.
-- That he or she had served, or currently was serving, in the military at a certain location, with a certain rank or rating, or engaged in a certain mission, or any other claim concerning his or her actual military service.

A violation would be a misdemeanor punishable by up to one year's imprisonment, a maximum fine of $5,000, or both, and up to 100 hours of community service performed in a veterans home or for a veterans service organization.


The bill would make a number of exceptions to the prohibition.


Proposed MCL 750.286 Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bill would have no fiscal impact on State government and an indeterminate impact on local units of government. There are no data to indicate how many offenders would be convicted of the proposed misdemeanor. Local governments would incur the costs of incarceration in local facilities, which vary by county. Additional penal fine revenue would benefit public libraries.


Date Completed: 6-7-11 Fiscal Analyst: Matthew Grabowski






floor\sb386 Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb386/1112