S T A T E   O F   N E W   Y O R K
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                                  5201

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sens. CROCI, ORTT -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation  to  creating  the  crime  of
  stolen valor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 10.00 of the penal law is  amended  by  adding  new
subdivisions 22 and 23 to read as follows:
  22.  "MEMBER  OF  THE  MILITARY OR RESERVES" MEANS (A) A MEMBER OF THE
UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL
GUARD, AIR NATIONAL GUARD AND/OR RESERVES THEREOF OR (B) A MEMBER OF THE
NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA.
  23. "VETERAN" MEANS A PERSON WHO WAS  A  MEMBER  OF  THE  MILITARY  OR
RESERVES  AS  DEFINED IN SUBDIVISION TWENTY-TWO OF THIS SECTION, BUT WHO
HAS SINCE BEEN DISCHARGED FROM SUCH SERVICES.
  S 2. The penal law is amended by adding a new section 190.28  to  read
as follows:
S 190.28 STOLEN VALOR.
  A  PERSON  IS  GUILTY  OF STOLEN VALOR WHEN HE OR SHE PRETENDS TO BE A
MEMBER OF THE MILITARY OR RESERVES AS DEFINED BY SUBDIVISION  TWENTY-TWO
OF SECTION 10.00 OF THIS CHAPTER, OR PRETENDS TO BE A VETERAN AS DEFINED
BY  SUBDIVISION  TWENTY-THREE OF SECTION 10.00 OF THIS CHAPTER, OR WEARS
OR DISPLAYS WITHOUT AUTHORITY, ANY UNIFORM, BADGE OR OTHER  INSIGNIA  OR
FACSIMILE  THEREOF,  BY  WHICH SUCH MEMBER OF THE MILITARY OR VETERAN IS
LAWFULLY DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS  THAT
HE  OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY DEPARTMENT OF
DEFENSE BRANCH OR THE UNITED STATES  COAST  GUARD  FOR  THE  PURPOSE  OF
OBTAINING MONEY OR OTHER BENEFITS.
  STOLEN VALOR IS A CLASS E FELONY.
  S  3.  Subdivisions  1,  2 and 3 of section 60.35 of the penal law, as
amended by section 1 of part E of  chapter  56  of  the  laws  of  2004,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10905-01-5
              

S. 5201                             2

subparagraphs  (i),  (ii) and (iii) of paragraph (a) of subdivision 1 as
amended by section 1 of part DD of chapter 56 of the laws  of  2008  and
paragraph  (b) of subdivision 1 as amended by chapter 320 of the laws of
2006, are amended to read as follows:
  1.  (a)  Except  as  provided  in section eighteen hundred nine of the
vehicle and traffic law and section 27.12 of the parks,  recreation  and
historic  preservation  law,  whenever  proceedings in an administrative
tribunal or a court of this state result in a conviction for a felony, a
misdemeanor, or a violation, as these terms are defined in section 10.00
of this chapter,  there  shall  be  levied  at  sentencing  a  mandatory
surcharge,  sex  offender  registration  fee,  DNA databank fee [and], a
crime victim assistance fee, AND A STOLEN VALOR FEE in addition  to  any
sentence  required or permitted by law, in accordance with the following
schedule:
  (i) a person convicted of a felony shall pay a mandatory surcharge  of
three  hundred  dollars and a crime victim assistance fee of twenty-five
dollars;
  (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
surcharge of one hundred seventy-five dollars and a crime victim assist-
ance fee of twenty-five dollars;
  (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
surcharge of ninety-five dollars and a crime victim  assistance  fee  of
twenty-five dollars;
  (iv) a person convicted of a sex offense as defined by subdivision two
of section one hundred sixty-eight-a of the correction law or a sexually
violent  offense  as defined by subdivision three of section one hundred
sixty-eight-a of the correction law shall, in addition  to  a  mandatory
surcharge  and crime victim assistance fee, pay a sex offender registra-
tion fee of fifty dollars[.];
  (v) a person convicted of a designated offense as defined by  subdivi-
sion  seven  of  section  nine  hundred ninety-five of the executive law
shall, in addition to a mandatory surcharge and crime victim  assistance
fee, pay a DNA databank fee of fifty dollars[.];
  (VI)  A  PERSON CONVICTED OF ANY OFFENSE PURSUANT TO SECTION 190.28 OF
THE PENAL LAW SHALL, IN ADDITION TO  A  MANDATORY  SURCHARGE  AND  CRIME
VICTIM  ASSISTANCE  FEE, PAY ANY OTHER FEE REQUIRED BY THIS ARTICLE, AND
PAY A STOLEN VALOR FEE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS.
  (b) When the felony or misdemeanor conviction  in  subparagraphs  (i),
(ii)  or  (iv)  of  paragraph  (a)  of  this subdivision results from an
offense contained in article one hundred thirty of this chapter,  incest
in  the  third,  second  or  first degree as defined in sections 255.25,
255.26 and 255.27 of this chapter or an offense contained in article two
hundred sixty-three of this chapter, the person convicted  shall  pay  a
supplemental sex offender victim fee of one thousand dollars in addition
to the mandatory surcharge and any other fee.
  2.  Where  a  person  is convicted of two or more crimes or violations
committed through a single act or omission, or through an act  or  omis-
sion  which  in  itself  constituted one of the crimes or violations and
also was a material element of the  other,  the  court  shall  impose  a
mandatory  surcharge and a crime victim assistance fee, and where appro-
priate a supplemental sex offender victim fee OR A STOLEN VALOR FEE,  in
accordance  with  the  provisions  of  this  section  for  the  crime or
violation  which  carries  the  highest  classification,  and  no  other
sentence to pay a mandatory surcharge, crime victim assistance fee [or],
supplemental  sex offender victim fee, OR A STOLEN VALOR FEE required by
this section shall be imposed.  Where a person is convicted  of  two  or

S. 5201                             3

more  sex  offenses or sexually violent offenses, as defined by subdivi-
sions two  and  three  of  section  one  hundred  sixty-eight-a  of  the
correction  law,  committed through a single act or omission, or through
an  act  or omission which in itself constituted one of the offenses and
also was a material element of the other, the court  shall  impose  only
one sex offender registration fee. Where a person is convicted of two or
more  designated  offenses,  as  defined by subdivision seven of section
nine hundred ninety-five of  the  executive  law,  committed  through  a
single  act  or  omission, or through an act or omission which in itself
constituted one of the offenses and also was a material element  of  the
other, the court shall impose only one DNA databank fee.
  3.  The  mandatory surcharge, sex offender registration fee, DNA data-
bank fee, crime victim assistance fee, [and] supplemental  sex  offender
victim fee, AND STOLEN VALOR FEE provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge, crime victim assistance
fee,  and supplemental sex offender victim fee, the collecting authority
shall determine the amount of mandatory surcharge, crime victim  assist-
ance  fee,  [and] supplemental sex offender victim fee, AND STOLEN VALOR
FEE collected and, if it is an administrative tribunal,  or  a  town  or
village  justice  court, it shall then pay such money to the state comp-
troller who shall deposit such money in the state treasury  pursuant  to
section one hundred twenty-one of the state finance law to the credit of
the  criminal justice improvement account established by section ninety-
seven-bb of the state finance law. Within the  first  ten  days  of  the
month  following collection of the sex offender registration fee and DNA
databank fee, the collecting authority shall determine the amount of the
sex offender registration fee and DNA databank fee collected and, if  it
is  an  administrative  tribunal, or a town or village justice court, it
shall then pay such money to the state  comptroller  who  shall  deposit
such  money  in the state treasury pursuant to section one hundred twen-
ty-one of the state finance law to the credit of the  general  fund.  If
such  collecting  authority  is  any  other  court  of the unified court
system, it shall, within such period, pay such money attributable to the
mandatory surcharge or crime victim assistance fee to the state  commis-
sioner  of  taxation  and  finance to the credit of the criminal justice
improvement account established by section ninety-seven-bb of the  state
finance  law.    If  such collecting authority is any other court of the
unified court system, it shall,  within  such  period,  pay  such  money
attributable  to  the sex offender registration fee and the DNA databank
fee to the state commissioner of taxation and finance to the  credit  of
the  general  fund. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVI-
SION, ALL MONIES PAID TO THE STATE COMPTROLLER OR TO THE COMMISSIONER OF
TAXATION AND FINANCE WHICH ARE ATTRIBUTABLE TO MONIES COLLECTED FOR  THE
STOLEN VALOR FEE SHALL BE CREDITED TO THE VETERANS REMEMBRANCE AND CEME-
TERY  MAINTENANCE  AND  OPERATION  FUND  ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-MMMM OF THE STATE FINANCE LAW.
  S 4. This act shall take effect immediately.