Bill Text: MS SB2247 | 2011 | Regular Session | Introduced
Bill Title: Driver's license and identification card; revise offense of lending or falsely displaying.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [SB2247 Detail]
Download: Mississippi-2011-SB2247-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division B
By: Senator(s) Tollison
Senate Bill 2247
AN ACT TO AMEND SECTION 63-1-60, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF LENDING A DRIVER'S LICENSE FOR UNAUTHORIZED USE, AND TO REVISE THE PUNISHMENT FOR USE OF A FALSE OR BORROWED DRIVER'S LICENSE; TO AMEND SECTION 45-35-13, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR USE OF A FALSE OR BORROWED IDENTIFICATION CARD; TO AMEND SECTION 63-1-65, MISSISSIPPI CODE OF 1972, TO CONFORM; 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 lend a driver's license to or knowingly permit the use thereof by another;
(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) It shall be unlawful for any person 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.
(3) (a) Any person convicted of a violation of * * * subsection (1) of this section shall be guilty of a misdemeanor and shall be punished by a fine of * * * Five Hundred Dollars ($500.00) and imprisonment for not more than thirty (30) days * * *.
(b) Any person under twenty-one (21) years of age at the time of the offense who is convicted of a violation of * * * subsection (2) of this section shall be punished as follows:
(i) A first offense shall be a misdemeanor punishable by a fine of * * * Five Hundred Dollars ($500.00) and imprisonment for not more than six (6) months * * *.
(ii) A second or subsequent offense, the offenses being committed within a period of five (5) years, shall be a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
(c) Any person twenty-one (21) years of age or older at the time of the offense who is convicted of a violation of * * * subsection (2) of this section is guilty of a felony and shall be punished by a fine of not less than Five Thousand Dollars ($5,000.00), or imprisonment for not more than three (3) years, or * * * both * * *.
(d) The Department of Public Safety, after conviction and upon receipt of the court abstract, shall administratively suspend the driver's license and driving privileges of any person convicted of a violation of this section for a period of ninety (90) days.
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;
(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
(g) Display or have in his possession any photograph, photostat, duplicate, reproduction or facsimile of an identification card unless authorized by the provisions of this chapter.
(2) Any person convicted of a violation of any provision of paragraph (a), (b), (c), (d), (e) or (g) of subsection (1) of this section is guilty of a misdemeanor and shall be punished by a fine of * * * Five Hundred Dollars ($500.00) and imprisonment for not more than thirty (30) days * * *.
(3) Any person under twenty-one (21) years of age at the time of the offense who is convicted of a violation of paragraph (f) of subsection (1) of this section shall be punished as follows:
(a) A first offense shall be a misdemeanor punishable by a fine of * * * Five Hundred Dollars ($500.00) and imprisonment for not more than six (6) months * * *.
(b) A second or subsequent offense, the offenses being committed within a period of five (5) years, shall be a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
(4) Any person twenty-one (21) years of age or older at the time of the offense who is convicted of a violation of paragraph (f) of subsection (1) of this section is guilty of a felony and shall be punished by a fine of not less than Five Thousand Dollars ($5,000.00), or imprisonment for not more than three (3) years, or by both such fine and imprisonment.
SECTION 3. Section 63-1-65, Mississippi Code of 1972, is amended as follows:
63-1-65. It shall be unlawful for any person to lend or borrow any temporary driving permit * * * or to display or represent a * * * temporary permit not issued to himself. Any person violating this section shall be fined not less than Five Dollars ($5.00) and costs and not more than Twenty-five Dollars ($25.00) and costs.
SECTION 4. This act shall take effect and be in force from and after July 1, 2011.
