House Bill 1080

AN ACT TO AMEND SECTION 97-19-85, MISSISSIPPI CODE OF 1972, TO MAKE UNLAWFUL THE FALSE REPRESENTATION OF IDENTITY, OR STATUS AS A UNITED STATES CITIZEN OR AS A PERSON WHO IS ALLOWED TO RESIDE IN THE UNITED STATES UNDER FEDERAL IMMIGRATION LAWS, FOR THE PURPOSE OF OBTAINING A JOB OR OTHER EMPLOYMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-19-85, Mississippi Code of 1972, is amended as follows:

97-19-85. (1) (a) Any person who shall make or cause to be made any false statement or representation as to his or another person's identity, social security account number, credit card number, debit card number or other identifying information for the purpose of fraudulently obtaining or with the intent to obtain goods, services or any thing of value, shall be guilty of a felony

and punished as prescribed in paragraph (c) of this subsection.

(b) Any person who shall make or cause to be made any false statement or representation as to his identity, status as a United States citizen, legal status to reside in the United States under federal immigration laws, social security account number, or any other identifying document or information for the purpose of fraudulently obtaining or with the intent to obtain a job or any position or form of employment, shall be guilty of a felony and punished as prescribed in paragraph (c) of this subsection.

(c) Upon conviction of a violation of this subsection for a first offense, the defendant shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed five (5) years, or both. For a second or subsequent offense such person, upon conviction, shall be fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned for a term not to exceed ten (10) years, or both. In addition to the fines and imprisonment provided in this section, a person convicted under paragraph (a) of this subsection shall be ordered to pay restitution as provided in Section 99-37-1 et seq.

(2) A person is guilty of fraud under subsection (1) who:

(a) Shall furnish false information willfully, knowingly and with intent to deceive anyone as to his true identity or the true identity of another person; or

(b) Willfully, knowingly, and with intent to deceive, uses a social security account number to establish and maintain business or other records or to obtain a job or other position or form of employment; or

(c) With intent to deceive, falsely represents a number to be the social security account number assigned to him or another person, when in fact the number is not the social security account number assigned to him or such other person; or

(d) Knowingly alters a social security card, buys or sells a social security card or counterfeit or altered social security card, counterfeits a social security card, or possesses a social security card or counterfeit social security card with intent to sell or alter it.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.