MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary

By: Senator(s) Dearing

AN ACT TO AMEND SECTION 63-1-60, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR FALSIFICATION OF A DRIVER'S LICENSE; TO AMEND SECTION 45-35-13, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR FALSIFICATION OF A NONDRIVER'S IDENTIFICATION CARD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-1-60, Mississippi Code of 1972, is amended as follows:

63-1-60. (1) It shall be unlawful for any person:

(a) To display, cause or permit to be displayed, or have in his possession, any fictitious, fraudulently altered or fraudulently obtained driver's license;

(b) To display or represent any driver's license not issued to him as being his own driver's license;

(c) To photograph, photostat, duplicate or in any way reproduce, manufacture, sell or distribute or alter any driver's license, or facsimile thereof, in such a manner that it could be mistaken for a valid driver's license;

(d) To display or have in his possession any photograph, photostat, duplicate, reproduction or facsimile of a driver's license unless authorized by law; or

(e) To take a driver's license examination for another or to use any other name, other than his own, on the driver's license application in an attempt to take the driver's license examination for another.

(2) (a) Any person convicted of a violation of paragraph (a), (b), (d) or (e) of subsection (1) of this section who was under the age of twenty-one (21) at the time of the violation shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

(b) Any person convicted of a violation of paragraph (a), (b), (d) or (e) of subsection (1) of this section who was twenty-one (21) years of age or older at the time of the violation shall be guilty of a felony and shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.

(3) Any person convicted of a violation of paragraph (c) of subsection (1) of this section shall be punished as follows:

(a) If the person was not more than twenty-one (21) years of age at the time of the violation:

(i) A first offense shall be a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment for not more than six (6) months, or both such fine and imprisonment.

(ii) A second offense shall be a misdemeanor punishable by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or both such fine and imprisonment.

(iii) A third offense shall be a misdemeanor punishable by a fine of not less than Five Thousand Dollars ($5,000.00) or by imprisonment for one (1) year or both such fine and imprisonment.

(b) If the person was twenty-one (21) years of age or older at the time of the violation, he shall be guilty of a felony and shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment for not more than ten (10) years, or by both such fine and imprisonment.

SECTION 2. Section 45-35-13, Mississippi Code of 1972, is amended as follows:

45-35-13. (1) No person shall:

(a) Display, or cause or permit to be displayed, or have in his possession, any cancelled, fictitious, fraudulently altered or fraudulently obtained identification cards;

(b) Lend an identification card to any person or knowingly permit the use thereof by another;

(c) Display or represent any identification card not issued to him as being his card;

(d) Permit any unlawful use of an identification card issued to him;

(e) Do any act forbidden or fail to perform any act required by this chapter; or

(f) Photograph, photostat, duplicate or in any way reproduce, manufacture, sell or distribute any identification card or facsimile thereof so that it could be mistaken for a valid identification card, or display or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by the provisions of this chapter.

(2) (a) Any person convicted of a violation of any provision of paragraphs (a) through (e) of subsection (1) of this section who was under the age of twenty-one (21) at the time of the violation is guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

(b) Any person convicted of a violation of paragraphs (a) through (e) of subsection (1) of this section who was twenty-one (21) years of age or older at the time of the violation shall be guilty of a felony and shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.

(3) Any person convicted of a violation of paragraph (f) of subsection (1) of this section shall be punished as follows:

(a) If the person was not more than twenty-one (21) years of age at the time of the violation:

(i) A first offense shall be a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment for not more than six (6) months, or both such fine and imprisonment.

(ii) A second offense shall be a misdemeanor punishable by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or both such fine and imprisonment.

(iii) A third offense shall be a misdemeanor punishable by a fine of not less than Five Thousand Dollars ($5,000.00) or by imprisonment for one (1) year or both such fine and imprisonment.

(b) If the person was twenty-one (21) years of age or older at the time of the violation, he shall be guilty of a felony and shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment for not more than ten (10) years, or by both such fine and imprisonment.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.