S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5492
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ, BENEDETTO, MOSLEY, SKOUFIS, M. G. MILL-
   ER, GALEF, COLTON, PEOPLES-STOKES, GUNTHER, DenDEKKER, BLAKE, WOERNER,
   TITONE,  CAHILL,  RIVERA, RODRIGUEZ, STECK -- Multi-Sponsored by -- M.
   of A.  ENGLEBRIGHT, GLICK, RAMOS -- read  once  and  referred  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 two 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.
   § 2. The penal law is amended by adding a new section 190.28  to  read
 as follows:
 § 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 FRAU-
 DULENTLY OBTAINING MONEY OR OTHER BENEFITS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09789-02-7

 A. 5492                             2
 
   STOLEN VALOR IS A CLASS A MISDEMEANOR.
   §  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,
 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
 THIS  CHAPTER  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

 A. 5492                             3
 
 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
 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.
   § 4. This act shall take effect immediately.