Bill: SB 835, 84(R) - 2015

Committee

Senate Veteran Affairs & Military Installations

Companion Bill

HB 822

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
No Neutral Neutral Neutral Negative Negative

Author(s)

Van Taylor

Bill Caption

Relating to increasing the punishment for the offense of fraudulent or fictitious military record.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

This legislation increases the penalty for a fraudulent or fictitious military record from a Class C misdemeanor to a Class A misdemeanor, which is punishable by a fine of up to $4,000, one year in jail, or both.

Vote Recommendation Notes

This bill makes lying about your military record to the legal liability equivalent to pimping, prostitution, and abuse of a corpse. 

While we agree that lying about military status in order to gain veterans benefits or merely to elevate ones social status is reprehensible, we cannot agree that it should lead to the same level of criminal liability as some of the other Class A Misdemeanors we mentioned above. Because this legislation would make the punishment substantially disproportionate to the crime, this legislation is an example of overcriminalization.  Those who lie about their military record  are already subject to a Class C Misdemeanor which is proportional to the crime; they do not need to be compared to sexual predators. In addition to the issues raised above, there are current statues in place that make it illegal for anyone accepting monies or benefits fraudulently, which is a scalable offense that carries substantial legal ramifications on its own.

Source URL (retrieved on 04/26/2024 07:04 AM): http://reports.texasaction.com/bill/84r/sb835?print_view=true