Stolen valor bill advances, may not please all

CARSON CITY -- A bill to prevent people from gaining financially by lying about their military exploits likely will win legislative approval soon, but it may not be the "stolen valor" bill that some veterans want.

State Sen. Elizabeth Halseth, R-Las Vegas, teared up Wednesday while telling the Assembly Judiciary Committee that veterans prefer her stolen valor bill, Senate Bill 356.

But Chairman William Horne, D-Las Vegas, said his committee already approved a stolen valor bill, Assembly Bill 379, that won't run into constitutional challenges that Halseth's bill could face.

AB379 won approval Wednesday in the Senate Judiciary Committee and goes to the Senate floor for a final vote. The Assembly approved the bill 42-0 on April 26.

This bill makes it a criminal office to make a "false representation" about one's military record if it is done for monetary gain. It would be a felony if the gain is valued at more than $2,500, and a gross misdemeanor if less than $2,500.

Retired Army Lt. Col. Bill Anton called AB379 "discriminatory and anti-veteran." He contended that bills requiring criminal penalties for only lying about winning medals were constitutional.

Halseth's bill goes further and makes it a crime just to falsely represent that one received military honors or awards. For example, a person who wears or claims to have earned a Medal of Honor would be prosecuted as a felon.

Horne, a lawyer, told her the bill might violate recent federal court decisions. He noted that Assemblyman Scott Hammond, R-Las Vegas, had sought a bill like SB356, but amendments were needed to make it constitutional.

American Civil Liberties Union lobbyist Rebecca Gasca pointed out that the 9th U.S. Circuit Court of Appeals ruled that the law violates the First Amendment protecting free speech, even the freedom to lie.

The federal appeals court in San Francisco last year overturned the Stolen Valor Act of 2005 on grounds that Xavier Alvarez knowingly lied when he portrayed himself as a Medal of Honor recipient at a water district board meeting.

While the appeals court overturned his conviction, judges said the law might be amended into an anti-fraud statute.

The judicial ruling led to the move to amend Hammond's bill.

Early this month, Rep. Joe Heck, R-Nev., introduced a bill to amend the federal Stolen Valor law and prosecute those who steal valor "with the intent to gain something of value."