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S.B. 147
Senate 2nd Reading Amendments 3-4-2011 rd/sca
Senate Committee Amendments 2-7-2011 rd/sca
This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 7, 2011 at 3:41 PM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Mar 4, 2011 at 7:29 PM by rday. --> 1
This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 7, 2011 at 3:41 PM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Mar 4, 2011 at 7:29 PM by rday. --> 1
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7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code's forgery statutes relating to the production of
10 false identification S. [
11 Highlighted Provisions:
12 This bill:
13 . provides a penalty of a second degree felony for a person guilty of producing S. [
14 possessing,
15 transaction cards
16 . knowingly and without lawful authority produces, attempts, or conspires to
17 produce an identification document, authentication feature, or a false
18 identification document that is or appears to be issued by or under the authority
19 of a governmental entity;
20 . transfers an identification document, authentication feature, S. or .S a false
20a identification
21 document S. [
22 feature was stolen or produced without lawful authority;
23 S. [
24 use one or more identification documents, false financial transaction cards,
25 authentication features, or false identification documents;
26 . produces, transfers, or possesses a document-making implement or
27 authentication feature with the intent that the document- making implement or
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29 another document-making implement or authentication feature; or
30 . traffics in false or actual authentication features for use in false identification
31 documents, document-making implements, or means of identification;
32 . provides exceptions for an authorized law enforcement agency; and
33 . provides for the forfeiture, destruction, or other disposition of all illicit
34 authentication features, identification documents, document-making implements, or
35 means of identification.
36 Money Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 76-6-501, as last amended by Laws of Utah 2007, Chapter 141
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 76-6-501 is amended to read:
46 76-6-501. Forgery and producing false identification -- Elements of offense --
47 Definitions.
48 (1) As used in this [
49 (a) "Authentication feature" means any hologram, watermark, certification, symbol,
50 code, image, sequence of numbers or letters, or other feature that either individually or in
51 combination with another feature is used by the issuing authority on an identification
52 document, document-making implement, or means of identification to determine if the
53 document is counterfeit, altered, or otherwise falsified.
54 (b) "Document-making implement" means any implement, impression, template,
55 computer file, computer disc, electronic device, computer hardware or software, or scanning,
56 printing, or laminating equipment that is specifically configured or primarily used for making
57 an identification document, a false identification document, or another document-making
58 implement.
Senate 2nd Reading Amendments 3-4-2011 rd/sca
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(c) "False authentication feature" means an authentication feature that:59
60 (i) is genuine in origin but that, without the authorization of the issuing authority, has
61 been tampered with or altered for purposes of deceit;
62 (ii) is genuine, but has been distributed, or is intended for distribution, without the
63 authorization of the issuing authority and not in connection with a lawfully made identification
64 document, document-making implement, or means of identification to which the authentication
65 feature is intended to be affixed or embedded by the issuing authority; or
66 (iii) appears to be genuine, but is not.
67 (d) "False identification document" means a document of a type intended or commonly
68 accepted for the purposes of identification of individuals, and that:
69 (i) is not issued by or under the authority of a governmental entity or was issued under
70 the authority of a governmental entity but was subsequently altered for purposes of deceit; and
71 (ii) appears to be issued by or under the authority of a governmental entity.
72 S. [
73 Section 76-6-506 that is not issued, created, or authorized for use by the issuer of the card.
74 (f)
75 subdivision of a state, a foreign government, a political subdivision of a foreign government, an
76 international governmental organization, or a quasi-governmental organization.
77 S. [
78 authority of a governmental entity, which, when completed with information concerning a
79 particular individual, is of a type intended or commonly accepted for the purpose of
80 identification of individuals.
81 S. [
82 (i) any governmental entity that is authorized to issue identification documents, means
83 of identification, or authentication features; or
84 (ii) a business organization or financial institution or its agent that issues a financial
85 transaction card as defined in Section 76-6-506 .
86 S. [
87 conjunction with any other information, to identify a specific individual, including:
88 (i) name, Social Security number, date of birth, government issued driver license or
89 identification number, alien registration number, government passport number, or employer or
Senate 2nd Reading Amendments 3-4-2011 rd/sca
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taxpayer identification number;90
91 (ii) unique biometric data, such as fingerprint, voice print, retina or iris image, or other
92 unique physical representation; or
93 (iii) unique electronic identification number, address, or routing code.
94 S. [
95 governmental entity solely for the purpose of identification of an individual.
96 S. [
97 S. [
98 Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the
99 United States.
100 S. [
101 (i) transport, transfer, or otherwise dispose of an item to another, as consideration for
102 anything of value; or
103 (ii) make or obtain control of with intent to transport, transfer, or otherwise dispose of
104 an item to another.
105 S. [
105a other method
106 of recording valuable information including forms such as:
107 [
108 other symbols of value, right, privilege, or identification;
109 [
110 government or any agency; or
111 [
112 representing an interest in or claim against property, or a pecuniary interest in or claim against
113 any person or enterprise.
114 (2) A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge
115 that [
116 (a) alters any writing of another without his authority or utters the altered writing; or
117 (b) makes, completes, executes, authenticates, issues, transfers, publishes, or utters any
118 writing so that the writing or the making, completion, execution, authentication, issuance,
119 transference, publication, or utterance:
120 (i) purports to be the act of another, whether the person is existent or nonexistent;
Senate 2nd Reading Amendments 3-4-2011 rd/sca
Senate Committee Amendments 2-7-2011 rd/sca
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(ii) purports to be an act on behalf of another party with the authority of that other121
122 party; or
123 (iii) purports to have been executed at a time or place or in a numbered sequence other
124 than was in fact the case, or to be a copy of an original when an original did not exist.
125 (3) It is not a defense to a charge of forgery under Subsection (2)(b)(ii) if an actor signs
126 his own name to the writing if the actor does not have authority to make, complete, execute,
127 authenticate, issue, transfer, publish, or utter the writing on behalf of the party for whom the
128 actor purports to act.
129 [
130 (4) A person is guilty of producing S. [
131 document S. [
132 (a) knowingly and without lawful authority produces, attempts, or conspires to produce
133 an identification document, authentication feature, S. or .S a false identification document
133a S. [
133a false
134 financial transaction card
135 authority;
136 (b) transfers an identification document, authentication feature, S. or .S a false
136a identification
137 document S. [
137a stolen
138 or produced without lawful authority;
139 S. [
140 one or more identification documents or financial transaction cards, other than those issued
141 lawfully for the use of the possessor, or authentication features, false identification documents,
142 or false financial transaction cards;
143 (d)
144 feature with the intent that the document-making implement or the authentication feature be
145 used in the production of a false identification document S. [
146 another document-making implement or authentication feature; or
147 S. [
148 documents S. [
149 identification.
150 (5) A person who violates:
151 (a) Subsection (2) is guilty of a third degree felony; and
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153 (6) This part may not be construed to impose criminal or civil liability on any law
154 enforcement officer acting within the scope of a criminal investigation.
155 (7) The forfeiture of property under this part, including any seizure and disposition of
156 the property and any related judicial or administrative proceeding, shall be conducted in
157 accordance with Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
158 (8) The court shall order, in addition to the penalty prescribed for any person convicted
159 of a violation of this section, the forfeiture and destruction or other disposition of all illicit
160 authentication features, identification documents, false transaction cards, document-making
161 implements, or means of identification.
Legislative Review Note
as of 1-12-11 4:39 PM