SB264 Alabama 2015 Session

This bill would create the crime of theft of valor if a person knowingly wears, purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value for certain military decorations and medals in order to receive a material gain

This bill would also provide that a person commits the crime of theft of valor if he or she falsely represents himself or herself, verbally or in writing, to have been awarded certain medals or decorations, in order to receive, or attempt to receive, a material gain

This bill would also specify that the limitation period for any prosecution under for theft of valor does not commence or begin to accrue until the discovery of the facts constituting the offense

This bill would provide misdemeanor and felony penalties for violations

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To add a new Section 13A-8-10.5 to the Code of Alabama 1975; to create the crime of theft of valor; to provide criminal penalties; to specify that the limitation period for any prosecution for theft of valor does not commence or begin to accrue until the discovery of the facts constituting the offense; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.