H*2316 Session 106 (1985-1986)
H*2316(Rat #0615, Act #0526 of 1986) General Bill, By Fair, P.T. Bradley and
T.A. Brett
Similar(S 132)
A Bill 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 Section 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 a driver's
license and fraudulent application, so as to delete references to fictitious
or fraudulently altered driver's 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.-amended title
01/31/85 House Introduced and read first time HJ-497
01/31/85 House Referred to Committee on Education and Public
Works HJ-498
02/27/85 House Committee report: Favorable Education and Public
Works HJ-996
03/06/85 House Objection by Rep. J. Rogers, Beasley, Lockemy,
Huff & Koon HJ-1151
03/07/85 House Objection withdrawn by Rep. J. Rogers, Beasley,
Huff & Lockemy HJ-1180
03/07/85 House Debate adjourned until Tuesday, March 12, 1985 HJ-118
03/14/85 House Objection by Rep. Aydlette HJ-1315
03/14/85 House Debate adjourned HJ-1315
03/19/85 House Amended HJ-1404
03/19/85 House Objection by Rep. Woods & Holt HJ-1407
03/19/85 House Objection withdrawn by Rep. Aydlette & Koon HJ-1436
03/19/85 House Amended HJ-1436
03/19/85 House Objection by Rep. J. Bradley, Rawl & Barfield HJ-1440
03/21/85 House Objection withdrawn by Rep. Rawl & Barfield HJ-1560
04/30/86 House Unanimous consent--withdrew objection by Rep.
Woods' HJ-2713
04/30/86 House Debate adjourned HJ-2728
05/01/86 House Debate adjourned HJ-2787
05/01/86 House Reconsidered HJ-2791
05/01/86 House Objection withdrawn by Rep. Holt HJ-2791
05/01/86 House Objection by Rep. Foxworth & Cork HJ-2791
05/01/86 House Objection withdrawn by Rep. Cork HJ-2795
05/01/86 House Read second time HJ-2796
05/02/86 House Read third time and sent to Senate HJ-2804
05/06/86 Senate Introduced and read first time SJ-2438
05/06/86 Senate Referred to Committee on Judiciary SJ-2438
05/28/86 Senate Committee report: Favorable with amendment
Judiciary SJ-3316
06/02/86 Senate Amended SJ-3459
06/02/86 Senate Read second time SJ-3460
06/02/86 Senate Unanimous consent for third reading on next
legislative day SJ-3460
06/03/86 Senate Read third time SJ-3485
06/03/86 Senate Returned SJ-3486
06/04/86 House Concurred in Senate amendment and enrolled HJ-3681
06/05/86 Ratified R 615
06/11/86 Signed By Governor
06/11/86 Effective date 06/11/86
06/11/86 Act No. 526
06/20/86 Copies available
(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. |