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                                                      PRINTER'S NO. 1129

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 964 Session of 2007


        INTRODUCED BY LENTZ, ARGALL, BARRAR, BOYD, BRENNAN, CALTAGIRONE,
           COHEN, CONKLIN, CREIGHTON, CUTLER, DeWEESE, FREEMAN, GEIST,
           GEORGE, GOODMAN, HARRIS, HENNESSEY, HESS, HORNAMAN, JOSEPHS,
           KILLION, KING, KIRKLAND, KORTZ, KOTIK, MAHONEY, MANN,
           MARKOSEK, MENSCH, MILLARD, MURT, MYERS, PHILLIPS, QUINN,
           RAMALEY, RAPP, RAYMOND, READSHAW, RUBLEY, SABATINA, SANTONI,
           SCAVELLO, SCHRODER, K. SMITH, M. SMITH, R. STEVENSON, TRUE,
           WALKO, WANSACZ, WHEATLEY, YOUNGBLOOD, THOMAS AND BEYER,
           MARCH 29, 2007

        REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
           PREPAREDNESS, MARCH 29, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for the offense of false
     3     representation of receipt of military decorations or medals.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 5518.  False representation of receipt of military decorations
     9             or medals.
    10     (a)  Offense defined.--Except as otherwise provided under
    11  subsection (b), a person who:
    12         (1)  wears on his person to falsely represent himself as
    13     having been lawfully awarded; or
    14         (2)  falsely represents himself in writing as having been


     1     lawfully awarded
     2  any decoration or medal authorized by the Congress of the United
     3  States for the armed forces of the United States, any of the
     4  service medals or badges awarded to the members of such forces,
     5  the ribbon, button or rosette of any such badge, decoration or
     6  medal or any colorable imitation of such item commits a
     7  misdemeanor of the third degree.
     8     (b)  Enhanced penalty.--If a decoration or medal involved in
     9  an offense under subsection (a) is:
    10         (1)  a distinguished-service cross awarded under 10
    11     U.S.C. § 3742 (relating to distinguished-service cross:
    12     award);
    13         (2)  a Navy cross awarded under 10 U.S.C. § 6242
    14     (relating to Navy cross);
    15         (3)  an Air Force cross awarded under 10 U.S.C. § 8742
    16     (relating to Air Force Cross: award);
    17         (4)  a silver star awarded under 10 U.S.C. § 3746
    18     (relating to silver star: award), 6244 (relating to silver
    19     star medal) or 8746 (relating to silver star: award);
    20         (5)  a Purple Heart awarded under 10 U.S.C. § 1129
    21     (relating to Purple Heart: members killed or wounded in
    22     action by friendly fire); or
    23         (6)  any replacement or duplicate medal for one of the
    24     medals identified in paragraph (1), (2), (3), (4) or (5) as
    25     authorized by law,
    26  the offense shall be classified as a misdemeanor of the second
    27  degree.
    28     (c)  Definition.--For purposes of this section,
    29  "Congressional Medal of Honor" means:
    30         (1)  a medal of honor awarded under 10 U.S.C. § 3741
    20070H0964B1129                  - 2 -     

     1     (relating to Medal of Honor: award), 6241 (relating to medal
     2     of honor), 8741 (relating to medal of honor: award) or 14
     3     U.S.C. § 491 (relating to medal of honor);
     4         (2)  a duplicate medal of honor issued under 10 U.S.C. §
     5     3754 (relating to medal of honor: duplicate medal), 8754
     6     (relating to medal of honor: duplicate medal) or 14 U.S.C. §
     7     504 (relating to medal of honor: duplicate medal); or
     8         (3)  a replacement of a medal of honor provided under 10
     9     U.S.C. § 3747 (relating to medal of honor; distinguished-
    10     service cross; distinguished-service medal; silver star:
    11     replacement), 6253 (relating to replacement), 8747 (relating
    12     to medal of honor; Air Force cross; distinguished-service
    13     cross; distinguished-service medal; silver star: replacement)
    14     or 14 U.S.C. § 501 (relating to replacement of medals).
    15     Section 2.  This act shall take effect in 60 days.










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