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AMENDED
April 6, 1999
H. 3509
Introduced by Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham, Neal and Sandifer
S. Printed 4/6/99--H.
Read the first time February 11, 1999.
TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 16 of the 1976 Code is amended by adding:
Section 16-13-500. This article may be cited as the 'Personal Financial Security Act'.
Section 16-13-510. (A) It is unlawful for a person to commit the offense of financial identity fraud.
(B) A person is guilty of financial identity fraud when he, without the authorization or permission of another person and with the intent of unlawfully appropriating the financial resources of that person to his own use or the use of a third party:
(1) obtains or records identifying information which would assist in accessing the financial records of the other person; or
(2) accesses or attempts to access the financial resources of the other person through the use of identifying information as defined in subsection (C).
(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; or
(10) other numbers or information which may be used to access a person's financial resources.
(D) 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.
Section 16-13-520. In a criminal proceeding brought pursuant to this article, the crime is considered to have been committed in a county in which a part of the financial identity fraud took place, regardless of whether the defendant was ever actually in that county.
Section 16-13-530. Nothing in this article may be construed to apply to:
(1) the lawful acquisition of credit information in the course of a bona fide consumer or commercial transaction;
(2) the lawful, good faith exercise of a security interest or a right to offset exercised by a creditor, agency, or financial institution; or
(3) the lawful, good faith compliance by a party when required by a warrant, levy, attachment, court order, or other judicial or administrative order, decree, or directive."
SECTION 2. (1) Sections 16-13-10 through 16-13-490 of the 1976 Code are designated as Article 1, Chapter 13 of Title 16 of the 1976 Code.
(2) Article 1 of Chapter 13 of Title 16 of the 1976 Code is amended by adding:
SECTION 3. This act takes effect upon approval by the Governor and applies to all offenses committed on or after that date.
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