Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
January 27, 2005
H. 3085
Introduced by Reps. Harrison, Kirsh, E.H. Pitts, Hinson, Mahaffey, Umphlett, McLeod, Jennings and Altman
S. Printed 1/27/05--H. [SEC 1/28/05 1:51 PM]
Read the first time January 11, 2005.
TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD THAT IT IS UNLAWFUL TO USE IDENTIFYING INFORMATION OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 2, Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-515. (A) A person is guilty of identity fraud when he uses identifying information, as defined in this section, of another person for the purpose of obtaining employment. 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;
(10) other numbers or information which may be used to access another person's financial resources; or
(11) identifying documentation that defines a person other than the person presenting the document. This includes, but is not limited to, passports, driver's licenses, birth certificates, immigration documents, and state-issued identification cards.
(B) 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 2. Section 16-3-510(C) of the 1976 Code is amended to read:
"(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. ; or
(11) identifying documentation that defines a person other than the person presenting the document. This includes, but is not limited to, passports, driver's licenses, birth certificates, immigration documents, and state-issued identification cards."
SECTION 3. 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 4. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:17 P.M.