BILL NUMBER: S5698
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the penal law, in relation to criminal impersonation in
the second degree and establishes a stolen valor fee
 
PURPOSE:
This bill establishes the new crime of stolen valor and directs that a
stolen valor fee be assessed against those convicted and deposited into
the Veterans Cemetery fund.
 
SUMMARY OF PROVISIONS:
Section 1: Adds subdivisions 23, 24, 25, 26, and 27 to § 10 of the penal
law defining "member of the military or reserves," "veteran," "first
responder," and "first responder agency."
Section 2: Adds § 190.25 to the penal law to establish the new crime of
stolen valor, which is classified as a class A misdemeanor.
Section 3: Amends subdivisions 1, 2, and 3 of § 60.35 of the penal law
by establishing a stolen valor fee and providing that any person
convicted of the crime of stolen valor shall pay a stolen valor fee in
the amount of $250. Further, this section provides that stolen valor
fees shall be deposited into the Veteran's remembrance and cemetery
maintenance and operation fund.
Section 4: Sets Effective Date.
 
JUSTIFICATION:
Exploiting the valor and sacrifice of our armed forces and first respon-
ders to obtain money or other personal gain is deplorable. Sadly, such
have become all too common. In light of recent events involving an
Orange County resident who fraudulently presented herself as a Purple
Heart Recipient, the urgency for this legislation is clear. The indict-
ment against this individual detailed that she used, possessed, and
exhibited a military discharge certificate that had been altered to
reflect falsely that she was a Purple Heart recipient, which allowed her
to receive illicit disability benefits. Engaging in stolen valor is
particularly reprehensible as it detracts from the sacrifices made by
genuine heroes who have defended our nation. New York State must ensure
there are consequences for these schemes, as they happen at the expense
of our armed forces and first responders.
This bill establishes the state crime of stolen valor and directs that a
stolen valor fee be assessed against those convicted. The proceeds of
this fee will be allocated to the veteran's remembrance and cemetery
maintenance operation fund. Requiring these perpetrators to pay a stolen
valor fee is just and fitting. The fee will contribute to establishing
and maintaining a state Veterans Cemetery, honoring those who have
served our nation.
 
PRIOR LEGISLATIVE HISTORY:
Senate
2023: N/A
2024: S9154A, Amend and Recommit to Codes
Assembly
2023: A1818C, Amend and Recommit to Codes
2024: A1818C, Reported Referred to Ways and Means
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5698: 10.00 penal law, 190.25 penal law, 190.25(5) penal law