HOUSE BILL No. 4020

 

January 22, 2013, Introduced by Rep. Darany and referred to the Committee on Criminal Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 286.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 286. (1) A person shall not misrepresent his or her

 

current or former military status when he or she makes any of the

 

following claims, orally or in writing or by false display, with

 

the intent to defraud, obtain employment, or be elected or

 

appointed to public office:

 

     (a) That he or she is entitled to wear military awards,

 

military decorations, or military rank.

 

     (b) That he or she served in the United States armed forces, a

 

reserve component of the United States armed forces, or the

 

national guard.

 

     (c) That he or she served in the military during a wartime


 

era, whether or not there was a declared war, or served in a combat

 

zone.

 

     (d) That he or she served, or is serving, in the military at a

 

certain location, with a certain rank or rating, or engaged in a

 

certain mission, or any other claim concerning his or her actual

 

military service.

 

     (2) This section does not apply to a person who or an

 

organization that does 1 or more of the following:

 

     (a) Reenacts military history or a military event.

 

     (b) Plays the part of a member of the United States armed

 

forces, a reserve component of the United States armed forces, or

 

the national guard in a play, motion picture, television

 

production, or other dramatic production, or at a patriotic or

 

civic event.

 

     (c) Serves as a member of the United States armed forces, a

 

reserve component of the United States armed forces, or the

 

national guard and, as part of a military assignment, is

 

representing a member of the United States armed forces in a

 

previous war or time period for ceremonial, recruiting, or training

 

purposes.

 

     (d) Works as an employee of or volunteer for a museum and, as

 

a part of his or her duties, is representing a member of the United

 

States armed forces, a reserve component of the United States armed

 

forces, or the national guard for ceremonial, historical, or

 

training purposes.

 

     (e) Owns, displays, purchases, sells, or trades militaria,

 

including, but not limited to, medals, ribbons, and rank insignia,


 

and does not claim to have personally earned them unless he or she

 

is legally entitled to do so.

 

     (f) Uses his or her given name that includes a military rank,

 

so long as he or she does not use the name to defraud another in a

 

manner prohibited by this section.

 

     (g) Uses a name or honorary military or military-like rank

 

that has been bestowed upon him or her by a public officer, public

 

employee, or public agency, in the name of a public officer or

 

public agency.

 

     (h) Uses a corporate, partnership, sole proprietorship, or

 

other name for a business or product that includes a military rank,

 

so long as the name is not used to defraud another in a manner

 

prohibited by this section.

 

     (i) Holds a registered trademark that includes a military rank

 

or honorary rank, so long as the trademark is not used to defraud

 

another in a manner prohibited by this section.

 

     (3) A person who violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year, a

 

fine of not more than $5,000.00, or both, and not more than 100

 

hours of community service, that shall be performed in a veterans

 

home or for a veterans service organization.

 

     (4) A person may be charged with, convicted of, and sentenced

 

for any other violation of law in addition to the violation of this

 

section.

 

     (5) This section shall be known and may be cited as the

 

"stolen valor law".