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A350, R395, H3085
STATUS INFORMATION
General Bill
Sponsors: Reps. Harrison, Kirsh, E.H. Pitts, Hinson, Mahaffey, Umphlett, McLeod, Jennings and Altman
Document Path: l:\council\bills\ms\7060ahb05.doc
Introduced in the House on January 11, 2005
Introduced in the Senate on February 2, 2005
Last Amended on January 27, 2005
Passed by the General Assembly on May 31, 2006
Governor's Action: June 12, 2006, Signed
Summary: Unlawful to use identifying information of another person for purposes of obtaining employment
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/8/2004 House Prefiled
12/8/2004 House Referred to Committee on Judiciary
1/11/2005 House Introduced and read first time HJ-75
1/11/2005 House Referred to Committee on Judiciary HJ-75
1/13/2005 House Member(s) request name added as sponsor: Umphlett
1/19/2005 House Member(s) request name added as sponsor: McLeod
1/26/2005 House Member(s) request name added as sponsor: Jennings
1/26/2005 House Committee report: Favorable with amendment Judiciary HJ-3
1/27/2005 House Member(s) request name added as sponsor: Altman
1/27/2005 House Amended HJ-14
1/27/2005 House Read second time HJ-16
1/28/2005 Scrivener's error corrected
2/1/2005 House Read third time and sent to Senate HJ-21
2/2/2005 Senate Introduced and read first time
2/2/2005 Senate Referred to Committee on Judiciary
5/24/2006 Senate Polled out of committee Judiciary SJ-13
5/24/2006 Senate Committee report: Favorable Judiciary SJ-13
5/25/2006 Senate Read second time SJ-14
5/31/2006 Senate Read third time and enrolled
6/7/2006 Ratified R 395
6/12/2006 Signed By Governor
6/15/2006 Copies available
6/15/2006 Effective date 06/12/06
6/23/2006 Act No. 350
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/8/2004
1/26/2005
1/27/2005
1/28/2005
5/24/2006
(A350, R395, H3085)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-515 TO CREATE THE OFFENSE OF IDENTITY FRAUD FOR THE PURPOSE OF OBTAINING EMPLOYMENT AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-13-510, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD CERTAIN IDENTIFYING DOCUMENTATION TO THE DEFINITION OF "IDENTIFYING INFORMATION".
Be it enacted by the General Assembly of the State of South Carolina:
Crimes and offenses, identity fraud
SECTION 1. Article 2, Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-515. (A) A person is guilty of identity fraud when he uses identifying information, as defined in this section, of another person for the purpose of obtaining employment. Identifying information includes, but is not limited to:
(1) social security numbers;
(2) driver's license numbers;
(3) checking account numbers;
(4) savings account numbers;
(5) credit card numbers;
(6) debit card numbers;
(7) personal identification numbers;
(8) electronic identification numbers;
(9) digital signatures;
(10) other numbers or information which may be used to access another person's financial resources; or
(11) identifying documentation that defines a person other than the person presenting the document. This includes, but is not limited to, passports, driver's licenses, birth certificates, immigration documents, and state-issued identification cards.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322."
Definition, identifying documentation
SECTION 2. Section 16-3-510(C) of the 1976 Code is amended to read:
"(C) Identifying information includes, but is not limited to:
(1) social security numbers;
(2) driver's license numbers;
(3) checking account numbers;
(4) savings account numbers;
(5) credit card numbers;
(6) debit card numbers;
(7) personal identification numbers;
(8) electronic identification numbers;
(9) digital signatures;
(10) other numbers or information which may be used to access a person's financial resources; or
(11) identifying documentation that defines a person other than the person presenting the document. This includes, but is not limited to, passports, driver's licenses, birth certificates, immigration documents, and state-issued identification cards."
Savings clause
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 7th day of June, 2006.
Approved the 12th day of June, 2006.
This web page was last updated on Friday, December 4, 2009 at 3:38 P.M.