South Carolina General Assembly
115th Session, 2003-2004

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Bill 3455

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

May 28, 2003

H. 3455

Introduced by Rep. Talley

S. Printed 5/28/03--S.

Read the first time April 8, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3455) to amend Section 44-63-161, Code of Laws of South Carolina, 1976, relating to unlawful acts involving vital statistics, so as to increase the penalty, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 1, beginning on line 31, in Section 44-63-161(A)(2), as contained in SECTION 1, by striking lines 31 and 32 in their entirety and inserting therein the following:

/    or a regulation, or in an application for an amendment to it or in an application for a certified copy of a vital the certificate, record, or     /.

Renumber sections to conform.

Amend title to conform.

JAMES H. RITCHIE, JR. for Committee.

            

A BILL

TO AMEND SECTION 44-63-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS INVOLVING VITAL STATISTICS, SO AS TO INCREASE THE PENALTY FOR VIOLATING CERTAIN PROVISIONS OF THIS SECTION, AND TO MAKE TECHNICAL CHANGES.

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

SECTION    1.    Section 44-63-161 of the 1976 Code is amended to read:

"Section 44-63-161.    (A)    It is unlawful for a person:

(1)    anyone other than the Department of Health and Environmental Control and county health departments to issue copies or certified copies of birth and death certificates or any a document purporting to be a birth or death certificate;

(2)    any person to wilfully make a false statement in a certificate, record, or report required to be filed by law this chapter or a regulation or in an application for an amendment to it or in an application for a certified copy of a vital the certificate, record, or report, or to wilfully supply false information intending that the information be used in the preparation of any report, record, or certificate, or amendment to it of the certificate, record, or report;

(3)    any person without lawful authority and with the intent to deceive, to wilfully make, sell, counterfeit, alter, amend, or mutilate any a certificate, record, or report required to be filed by law this chapter or a regulation or a certified copy of such the certificate, record, or report;

(4)    any person to wilfully and knowingly obtain, possess, use, sell, furnish to another, or attempt to obtain, possess, use, sell, or furnish to another, for any the purpose of deception, any a certificate, record, report required to be filed by this chapter or a regulation, or a certified copy thereof so made, of these, including a certificate, record, or report or certified copy that has been counterfeited, altered, amended, or mutilated or a document purporting to be the certificate, record, or report;

(5)    any person to wilfully violate any a regulation or an order of the department relative to recording, reporting, or filing information for the Bureau of Vital Statistics;

(6) any person to wilfully neglect or refuse to perform any necessary or reasonable duties imposed upon him by any regulation or order of the department relative to recording, reporting, or filing information for the Bureau of Vital Statistics.

(B)    A person who violates a provision of item (1), (2), (3), or (4) of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.

(C)    Any A person who violates the provisions a provision of this section item (5) of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not more than five one thousand dollars or imprisoned for not more than two years one year, or both."

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

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