[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 6-5-2018 by L.L. No.
6-2018]
This article shall be known as the "Jerry Donnellan Theft of
Valor Prevention Act."
A.Â
Veterans of the United States Armed Forces placed their lives on
the line to protect the freedoms we enjoy as United States citizens.
Some veterans went beyond the call of duty during their service, risking
their personal safety taking action worthy of honor. For these heroic
actions, many soldiers receive decorations or medals, which provide
lasting and public recognition.
B.Â
This Legislature finds that some individuals falsely claim to be
veterans or claim to have received such decorations to obtain tangible
benefits, money or other valuable items. Such actions are disgraceful
and tarnish the accomplishments of those men and women who truly earned
their military decorations. Further, an individual who fraudulently
represents himself or herself as a veteran or decorated veteran in
order to obtain money, property or other tangible benefits should
be subject to penalty.
C.Â
The purpose of this article is to prohibit persons from deceitfully
presenting themselves as a veteran or decorated veteran in Rockland
County for personal gain.
As used in this article, the following terms shall have the
meanings indicated:
A Combat Infantryman's Badge, Combat Action Badge, Combat
Medical Badge, Combat Action Ribbon or Combat Action Medal.
The Congressional Medal of Honor, a Distinguished Service
Cross, a Navy Cross, an Air Force Cross, a Silver Star or a Purple
Heart.
Any natural individual.
Any individual who has participated in the military service
of the United States or the military service of the state, including,
but not limited to, the Armed Forces of the United States, the Army
National Guard, the Air National Guard, the New York Naval Militia,
the New York Guard, and such additional forces as may be created by
the federal or state government as authorized by law, with a discharge
status other than dishonorable.
No person shall, with the intent of obtaining money, property, or other tangible benefit, fraudulently hold himself or herself out to be a veteran or the recipient of a military decoration or combat badge as defined in § 378-3.
A.Â
Any person who impersonated a veteran for personal gain in violation
of this article will be subject to the following fines and/or penalties:
(1)Â
For a first violation: a fine of up to $100;
(2)Â
For a second violation committed within one year after the date of
the first violation: a fine of $200; and
(3)Â
A third or subsequent violation that is within one year after the
date of the first violation shall be a Class A misdemeanor, subject
to a fine of $500 and/or up to one year's imprisonment.
B.Â
Any person who impersonated a veteran with a military decoration
for personal gain in violation of this article will be subject to
the following enhanced fines and/or penalties:
(1)Â
For a first violation: a fine of up to $250;
(2)Â
For a second violation committed within one year after the date of
the first violation: a fine of $500; and
(3)Â
A third or subsequent violation that is within one year after the
date of the first violation shall be a Class A misdemeanor, subject
to a fine of $1,000 and/or up to one year's imprisonment.
C.Â
This article shall be enforced by the Office of the Rockland County
Sheriff and may be enforced by any other law enforcement agency having
jurisdiction to act in the County of Rockland, which may enforce the
provisions of this article by the issuance of a summons to a party
violating the provisions of this article.
D.Â
The Office of the Rockland County Sheriff and other law enforcement
agency shall be required to obtain a discharge from active duty form,
or DD 214, on file prior to filing any charges against an accused.
E.Â
A valid DD 214 form shall be an affirmative defense under this article.
This article shall be null and void on the day that statewide
legislation goes into effect, incorporating either the same or substantially
similar provisions as are contained in this article, or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Rockland.
The County Legislature may determine by resolution whether or not
identical or substantially similar statewide legislation or pertinent
preempting state or federal regulations have been enacted for the
purposes of triggering the provisions of this section.
This article shall apply to any and all actions occurring on
or after the effective date of this article.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
article or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.
This article shall take effect 90 days after it is filed with
the New York State Secretary of State.
