STATE OF NEW YORK
________________________________________________________________________
5201
2015-2016 Regular Sessions
IN SENATE
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:
1 Section 1. Section 10.00 of the penal law is amended by adding new
2 subdivisions 22 and 23 to read as follows:
3 22. "Member of the military or reserves" means (a) a member of the
4 United States army, navy, air force, marines, coast guard, army national
5 guard, air national guard and/or reserves thereof or (b) a member of the
6 New York guard or the New York naval militia.
7 23. "Veteran" means a person who was a member of the military or
8 reserves as defined in subdivision twenty-two of this section, but who
9 has since been discharged from such services.
10 § 2. The penal law is amended by adding a new section 190.28 to read
11 as follows:
12 § 190.28 Stolen valor.
13 A person is guilty of stolen valor when he or she pretends to be a
14 member of the military or reserves as defined by subdivision twenty-two
15 of section 10.00 of this chapter, or pretends to be a veteran as defined
16 by subdivision twenty-three of section 10.00 of this chapter, or wears
17 or displays without authority, any uniform, badge or other insignia or
18 facsimile thereof, by which such member of the military or veteran is
19 lawfully distinguished or expresses by his or her words or actions that
20 he or she is acting with the approval or authority of any department of
21 defense branch or the United States Coast Guard for the purpose of
22 obtaining money or other benefits.
23 Stolen valor is a class E felony.
24 § 3. Subdivisions 1, 2 and 3 of section 60.35 of the penal law, as
25 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
1 subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision 1 as
2 amended by section 1 of part DD of chapter 56 of the laws of 2008 and
3 paragraph (b) of subdivision 1 as amended by chapter 320 of the laws of
4 2006, are amended to read as follows:
5 1. (a) Except as provided in section eighteen hundred nine of the
6 vehicle and traffic law and section 27.12 of the parks, recreation and
7 historic preservation law, whenever proceedings in an administrative
8 tribunal or a court of this state result in a conviction for a felony, a
9 misdemeanor, or a violation, as these terms are defined in section 10.00
10 of this chapter, there shall be levied at sentencing a mandatory
11 surcharge, sex offender registration fee, DNA databank fee [and], a
12 crime victim assistance fee, and a stolen valor fee in addition to any
13 sentence required or permitted by law, in accordance with the following
14 schedule:
15 (i) a person convicted of a felony shall pay a mandatory surcharge of
16 three hundred dollars and a crime victim assistance fee of twenty-five
17 dollars;
18 (ii) a person convicted of a misdemeanor shall pay a mandatory
19 surcharge of one hundred seventy-five dollars and a crime victim assist-
20 ance fee of twenty-five dollars;
21 (iii) a person convicted of a violation shall pay a mandatory
22 surcharge of ninety-five dollars and a crime victim assistance fee of
23 twenty-five dollars;
24 (iv) a person convicted of a sex offense as defined by subdivision two
25 of section one hundred sixty-eight-a of the correction law or a sexually
26 violent offense as defined by subdivision three of section one hundred
27 sixty-eight-a of the correction law shall, in addition to a mandatory
28 surcharge and crime victim assistance fee, pay a sex offender registra-
29 tion fee of fifty dollars[.];
30 (v) a person convicted of a designated offense as defined by subdivi-
31 sion seven of section nine hundred ninety-five of the executive law
32 shall, in addition to a mandatory surcharge and crime victim assistance
33 fee, pay a DNA databank fee of fifty dollars[.];
34 (vi) a person convicted of any offense pursuant to section 190.28 of
35 the penal law shall, in addition to a mandatory surcharge and crime
36 victim assistance fee, pay any other fee required by this article, and
37 pay a stolen valor fee in the amount of two hundred fifty dollars.
38 (b) When the felony or misdemeanor conviction in subparagraphs (i),
39 (ii) or (iv) of paragraph (a) of this subdivision results from an
40 offense contained in article one hundred thirty of this chapter, incest
41 in the third, second or first degree as defined in sections 255.25,
42 255.26 and 255.27 of this chapter or an offense contained in article two
43 hundred sixty-three of this chapter, the person convicted shall pay a
44 supplemental sex offender victim fee of one thousand dollars in addition
45 to the mandatory surcharge and any other fee.
46 2. Where a person is convicted of two or more crimes or violations
47 committed through a single act or omission, or through an act or omis-
48 sion which in itself constituted one of the crimes or violations and
49 also was a material element of the other, the court shall impose a
50 mandatory surcharge and a crime victim assistance fee, and where appro-
51 priate a supplemental sex offender victim fee or a stolen valor fee, in
52 accordance with the provisions of this section for the crime or
53 violation which carries the highest classification, and no other
54 sentence to pay a mandatory surcharge, crime victim assistance fee [or],
55 supplemental sex offender victim fee, or a stolen valor fee required by
56 this section shall be imposed. Where a person is convicted of two or
S. 5201 3
1 more sex offenses or sexually violent offenses, as defined by subdivi-
2 sions two and three of section one hundred sixty-eight-a of the
3 correction law, committed through a single act or omission, or through
4 an act or omission which in itself constituted one of the offenses and
5 also was a material element of the other, the court shall impose only
6 one sex offender registration fee. Where a person is convicted of two or
7 more designated offenses, as defined by subdivision seven of section
8 nine hundred ninety-five of the executive law, committed through a
9 single act or omission, or through an act or omission which in itself
10 constituted one of the offenses and also was a material element of the
11 other, the court shall impose only one DNA databank fee.
12 3. The mandatory surcharge, sex offender registration fee, DNA data-
13 bank fee, crime victim assistance fee, [and] supplemental sex offender
14 victim fee, and stolen valor fee provided for in subdivision one of this
15 section shall be paid to the clerk of the court or administrative tribu-
16 nal that rendered the conviction. Within the first ten days of the month
17 following collection of the mandatory surcharge, crime victim assistance
18 fee, and supplemental sex offender victim fee, the collecting authority
19 shall determine the amount of mandatory surcharge, crime victim assist-
20 ance fee, [and] supplemental sex offender victim fee, and stolen valor
21 fee collected and, if it is an administrative tribunal, or a town or
22 village justice court, it shall then pay such money to the state comp-
23 troller who shall deposit such money in the state treasury pursuant to
24 section one hundred twenty-one of the state finance law to the credit of
25 the criminal justice improvement account established by section ninety-
26 seven-bb of the state finance law. Within the first ten days of the
27 month following collection of the sex offender registration fee and DNA
28 databank fee, the collecting authority shall determine the amount of the
29 sex offender registration fee and DNA databank fee collected and, if it
30 is an administrative tribunal, or a town or village justice court, it
31 shall then pay such money to the state comptroller who shall deposit
32 such money in the state treasury pursuant to section one hundred twen-
33 ty-one of the state finance law to the credit of the general fund. If
34 such collecting authority is any other court of the unified court
35 system, it shall, within such period, pay such money attributable to the
36 mandatory surcharge or crime victim assistance fee to the state commis-
37 sioner of taxation and finance to the credit of the criminal justice
38 improvement account established by section ninety-seven-bb of the state
39 finance law. If such collecting authority is any other court of the
40 unified court system, it shall, within such period, pay such money
41 attributable to the sex offender registration fee and the DNA databank
42 fee to the state commissioner of taxation and finance to the credit of
43 the general fund. Notwithstanding any other provision of this subdivi-
44 sion, all monies paid to the state comptroller or to the commissioner of
45 taxation and finance which are attributable to monies collected for the
46 stolen valor fee shall be credited to the veterans remembrance and ceme-
47 tery maintenance and operation fund established pursuant to section
48 ninety-seven-mmmm of the state finance law.
49 § 4. This act shall take effect immediately.
