Bill 2316

                    Current Status

Bill Number:               2316
Ratification Number:       615
Act Number:                526
Introducing Body:          House
Subject:                   Make it unlawful to manufacture or print
                           false identification cards

(A526, R615, H2316)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-13-450, 16-13-451, AND 16-13-452 SO AS TO MAKE IT UNLAWFUL TO MANUFACTURE OR PRINT FALSE IDENTIFICATION CARDS, MAKE IT UNLAWFUL FOR ANY PERSON TO SUBMIT DOCUMENTATION AS REQUIRED BY SECTION 16-13-450 WHICH CONTAINS FALSE INFORMATION, TO PROVIDE A PENALTY FOR VIOLATION, AND PROVIDE THAT THE PROVISIONS OF SECTIONS 16-13-450 AND 16-13-451 DO NOT PROHIBIT ANY LAWFULLY AUTHORIZED INVESTIGATIVE, PROTECTIVE, OR INTELLIGENCE ACTIVITY OF A LAW ENFORCEMENT OR INTELLIGENCE AGENCY OF THE UNITED STATES, A STATE, OR A POLITICAL SUBDIVISION OF A STATE; TO AMEND SECTION 56-1-510, RELATING TO UNLAWFUL USE OF DRIVER'S LICENSE AND FRAUDULENT APPLICATION, SO AS TO DELETE REFERENCES TO FICTITIOUS OR FRAUDULENTLY ALTERED DRIVERS' LICENSES AND THE OFFENSE OF DISPLAYING OR REPRESENTING AS ONE'S OWN A DRIVER'S, OPERATOR'S, OR CHAUFFEUR'S LICENSE NOT ISSUED TO HIM; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-515 SO AS TO PROVIDE THAT IT IS A MISDEMEANOR TO ALTER A MOTOR VEHICLE DRIVER'S LICENSE TO CONTAIN FALSE INFORMATION OR TO MANUFACTURE OR PRINT A FICTITIOUS LICENSE OR TO USE OR POSSESS AN IDENTIFICATION CARD OR ALTERED DRIVER'S LICENSE CONTAINING FALSE INFORMATION; AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Unlawful to manufacture or print false

identification cards

SECTION 1. The 1976 Code is amended by adding:

"Section 16-13-450. (1) It is unlawful for any person to sell or issue, or to offer to sell or issue, in this State any identification card or document purporting to contain the age or date of birth of the person in whose name it was issued unless:

(a) Prior to selling or issuing an identification card or document, the person has first obtained from the applicant and retains for a period of three years from the date of sale:

1. an authenticated or certified copy of proof of age as provided in subsection (2) of this section;

2. a notarized affidavit from the applicant attesting to the applicant's age and that the evidence of age required by subitem 1 of item (a) of this subsection is for the applicant.

(b) Prior to offering to sell identification cards in this State, the person has included in any offer for sale of identification cards or documents that the cards or documents may not be sold without the applicant first submitting the documents required by item (a) of this section.

(c) The identification card or document contains the business name and street address of the person selling or issuing the identification card or document.

(2) For purposes of this section acceptable evidence of age is:

1. a duly attested copy of the person's birth certificate;

2. a duly attested transcript of a certificate of baptism showing the date of birth and place of baptism, accompanied by an affidavit sworn to by the parent;

3. an insurance policy on the person's life which has been in force for at least two years;

4. a passport or certificate of arrival in the United States showing the person's age;

5. a transcript of record of age shown in the person's school record at least four years prior to application, stating date of birth; or

6. if none of the evidences in subitems 1 through 5 may be produced, an affidavit of age sworn to by the parent, accompanied by a certificate of age signed by a public health officer or licensed practicing physician, which certificate shall state that the health officer or physician has examined the person and believes that the age as stated in the affidavit is substantially correct.

(3) For purposes of this section, the term 'offer to sell' includes every inducement, solicitation, attempt, printed or media advertisement to encourage a person to purchase an identification card.

(4) Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than six months, or both.

Section 16-13-451. It is unlawful for any person to submit documentation as required by subitem 1 of item (a) of subsection (1) of Section 16-13-450, which contains false information. Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

Section 16-13-452. Sections 16-13-450 and 16-13-451 do not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or intelligence agency of the United States, a state, or a political subdivision of a state."

Unlawful to alter driver's license

SECTION 2. The 1976 Code is amended by adding:

"Section 56-1-515. (1) It is unlawful for any person to alter a motor vehicle driver's license so as to provide false information on the license or to sell or issue a fictitious driver's license.

(2) It is unlawful for any person to use a motor vehicle driver's license not issued to the person, an altered motor vehicle driver's license, an identification card containing false information, or an identification card not issued to the person to defraud another or violate the law.

(3) Any person violating the provisions of subsection (1) is guilty of a misdemeanor and upon conviction must be fined not more than two thousand five hundred dollars or imprisoned for not more than six months, or both.

(4) Any person violating the provisions of subsection (2) is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days."

Penalty

SECTION 3. Section 56-1-510 of the 1976 Code is amended to read:

"Section 56-1-510. It is a misdemeanor punishable by a fine of not more than one hundred dollars or imprisonment for not more than thirty days for any person:

(1) to display or cause to display or permit to be displayed or to have in his possession any cancelled, revoked, or suspended operator's or chauffeur's license;

(2) to lend his driver's, operator's or chauffeur's license to any person or knowingly permit the use thereof by another;

(3) to fail or refuse to surrender to the Department upon its lawful demand any driver's, operator's, or chauffeur's license which has been suspended, cancelled, or revoked;

(4) to use a false or fictitious name in any application for a driver's license or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any application;

(5) to permit any unlawful use of a license issued to him; or

(6) to do any act forbidden or fail to do any act required by this article."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.