S T A T E O F N E W Y O R K
________________________________________________________________________
957--A
2017-2018 Regular Sessions
I N S E N A T E
January 5, 2017
___________
Introduced by Sens. CROCI, AVELLA, LARKIN, MARCHIONE, ORTT -- read twice
and ordered printed, and when printed to be committed to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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.
STOLEN VALOR IS A CLASS E FELONY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00988-02-7
S. 957--A 2
§ 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
sentence to pay a mandatory surcharge, crime victim assistance fee [or],
S. 957--A 3
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.