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Sponsors: Reps. Rice, D.C. Smith, Young, G.M. Smith, M.A. Pitts, G.R. Smith, Taylor, Witherspoon, Hosey, Cotty, Toole and Mahaffey
Document Path: l:\council\bills\ms\7436ahb08.doc
Introduced in the House on January 8, 2008
Currently residing in the House Committee on Judiciary
Summary: Falsified documents
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/5/2007 House Prefiled 12/5/2007 House Referred to Committee on Judiciary 1/8/2008 House Introduced and read first time HJ-32 1/8/2008 House Referred to Committee on Judiciary HJ-32 1/10/2008 House Member(s) request name added as sponsor: Mahaffey
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-455 SO AS TO ESTABLISH THE OFFENSE OF UNLAWFUL DISPLAY OR POSSESSION OF FALSIFIED OR COUNTERFEIT GREEN CARDS OR OTHER DOCUMENTS FOR THE PURPOSE OF OFFERING PROOF OF LAWFUL PRESENCE IN THE UNITED STATES AND TO PROVIDE GRADUATED PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-455. (A) It is unlawful for a person to display, cause or permit to be displayed, or have in his possession a falsified or counterfeit green card or other document including, but not limited to, a driver's license or social security card for the purpose of offering proof of United States citizenship or classification by the United States as an alien lawfully admitted for temporary or permanent residence under federal immigration law.
(B) A person who violates the provisions of this section:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days; and
(2) for a second offense or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years.
(C) A violation of the provisions of this section is considered a separate criminal offense and does not preclude prosecution for perjury pursuant to Section 16-9-10 in addition to prosecution pursuant to the provisions of this section."
SECTION 2. 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.
SECTION 3. This act takes effect upon approval by the Governor.
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