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Bill 326

                    Current Status

Bill Number:                      326
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990114
Primary Sponsor:                  Cork
All Sponsors:                     Cork, Waldrep
Drafted Document Number:          l:\s-res\hac\002iden.jjj.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Impersonation of another person unlawful; 
                                  criminal penalties when use identifying 
                                  information to commit crime, offense


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990114  Introduced, read first time,           11 SJ
                  referred to Committee


                             Versions of This Bill

TO AMEND CHAPTER 14, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-14-65 TO PROVIDE CRIMINAL PENALTIES FOR A PERSON WHO WILLFULLY OBTAINS THE PERSONAL IDENTIFYING INFORMATION OF ANOTHER PERSON AND USES THAT PERSON'S PERSONAL IDENTIFYING INFORMATION TO OBTAIN, OR ATTEMPT TO OBTAIN, CREDIT, GOODS, OR SERVICES IN THE NAME OF THE OTHER PERSON WITHOUT THE CONSENT OF THAT PERSON; TO PROVIDE PENALTIES FOR WILLFULLY OBTAINING AND USING PERSONAL IDENTIFYING INFORMATION; TO PROVIDE FURTHER CRIMINAL PENALTIES FOR A PERSON WHO WILLFULLY OBTAINS PERSONAL IDENTIFYING INFORMATION OF ANOTHER PERSON AND USES THAT PERSONAL IDENTIFYING INFORMATION TO COMMIT A CRIME; AND TO PROVIDE THAT COURT RECORDS WILL BE REQUIRED TO REFLECT THAT THE PERSON WHOSE IDENTITY WAS FALSELY USED DID NOT COMMIT THE CRIME.

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

SECTION 1. Chapter 14, Title 16 of the 1976 Code is amended by adding:

"Section 16-14-65. (A) Any person who willfully obtains the personal identifying information of another person without the authorization of that person, and uses that personal identifying information for any unlawful purpose, including to obtain, or attempt to obtain credit, goods, services, or medical information in the name of the other person without the consent of that person is guilty of a misdemeanor and, upon conviction thereof, must be fined not more than one thousand dollars or imprisoned for more than one year, or both. If the person who willfully obtains personal identifying information of another person without the authorization of that person, and uses that information to commit a crime, and is convicted of that crime, the person is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars or more than five thousand dollars or imprisoned not more than five years, or both.

(B) 'Personal identifying information' as used in this section means the name, address, telephone number, motor vehicle driver's license number, social security number, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, electronic debit card number, credit card number, electronic mail address, digital signature, medical information or any other personal identification number or identifying information of an individual person.

(C) In any case or instance wherein a person willfully obtains personal identifying information of another person without the authorization of that person, and uses that information to commit a crime, in addition to a violation of subsection (A) above, and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

(D) In any case or instance wherein a person willfully obtains personal identifying information of another person without the authorization of that person, and uses that information to obtain credit, goods, services, or medical information and is found guilty of a violation of subsection (A) above, shall be ordered by the court to make full restitution to any victims involved.

(E) This section does not apply to:

(1) lawfully obtaining credit information in the course of a bona fide consumer or commercial transaction;

(2) lawful, good faith exercise of a security interest or a right to offset by a creditor or a financial institution;

(3) lawful, good faith compliance by any party when required by any warrant, levy, garnishment, attachment, court order or any other judicial, legislative, or administrative order, decree, subpoena, or directive; or

(4) any person who obtains another person's motor vehicle driver's license or other form of identification for the sole purpose of misrepresenting his or her age."

SECTION 2. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:05 A.M.