Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 263 (2016GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies an offense regarding an identification document to provide that the possession of a stolen or forged identification document with the intent to transfer the document is an offense, in addition to the current offense of the actual transfer of a stolen or forged identification document.

Every vote on this bill

Bill text

FRAUD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code regarding offenses against property.
Highlighted Provisions:
This bill:
▸ modifies an offense regarding an identification document to provide that the
possession of a stolen or forged identification document with the intent to transfer
the document is an offense, in addition to the current offense of the actual transfer
of a stolen or forged identification document.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-501
, as last amended by Laws of Utah 2015, Chapter 258
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-6-501
 is amended to read:
76-6-501.
Forgery and producing false identification -- Elements of offense --
Definitions.
(1) As used in this part:
(a) "Authentication feature" means any hologram, watermark, certification, symbol,
code, image, sequence of numbers or letters, or other feature that either individually or in
combination with another feature is used by the issuing authority on an identification
document, document-making implement, or means of identification to determine if the
document is counterfeit, altered, or otherwise falsified.
(b) "Document-making implement" means any implement, impression, template,
computer file, computer disc, electronic device, computer hardware or software, or scanning,
printing, or laminating equipment that is specifically configured or primarily used for making
an identification document, a false identification document, or another document-making
implement.
(c) "False authentication feature" means an authentication feature that:
(i) is genuine in origin but that, without the authorization of the issuing authority, has
been tampered with or altered for purposes of deceit;
(ii) is genuine, but has been distributed, or is intended for distribution, without the
authorization of the issuing authority and not in connection with a lawfully made identification
document, document-making implement, or means of identification to which the authentication
feature is intended to be affixed or embedded by the issuing authority; or
(iii) appears to be genuine, but is not.
(d) "False identification document" means a document of a type intended or commonly
accepted for the purposes of identification of individuals, and that:
(i) is not issued by or under the authority of a governmental entity or was issued under
the authority of a governmental entity but was subsequently altered for purposes of deceit; and
(ii) appears to be issued by or under the authority of a governmental entity.
(e) "Governmental entity" means the United States government, a state, a political
subdivision of a state, a foreign government, a political subdivision of a foreign government, an
international governmental organization, or a quasi-governmental organization.
(f) "Identification document" means a document made or issued by or under the
authority of a governmental entity, which, when completed with information concerning a
particular individual, is of a type intended or commonly accepted for the purpose of
identification of individuals.
(g) "Issuing authority" means:
(i) any governmental entity that is authorized to issue identification documents, means
of identification, or authentication features; or
(ii) a business organization or financial institution or its agent that issues a financial
transaction card as defined in Section 
76-6-506
.
(h) "Means of identification" means any name or number that may be used, alone or in
conjunction with any other information, to identify a specific individual, including:
(i) name, social security number, date of birth, government issued driver license or
identification number, alien registration number, government passport number, or employer or
taxpayer identification number;
(ii) unique biometric data, such as fingerprint, voice print, retina or iris image, or other
unique physical representation; or
(iii) unique electronic identification number, address, or routing code.
(i) "Personal identification card" means an identification document issued by a
governmental entity solely for the purpose of identification of an individual.
(j) "Produce" includes altering, authenticating, or assembling.
(k) "State" includes any state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the
United States.
(l) "Traffic" means to:
(i) transport, transfer, or otherwise dispose of an item to another, as consideration for
anything of value; or
(ii) make or obtain control of with intent to transport, transfer, or otherwise dispose of
an item to another.
(m) "Writing" includes printing, electronic storage or transmission, or any other
method of recording valuable information including forms such as:
(i) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any
other symbols of value, right, privilege, or identification;
(ii) a security, revenue stamp, or any other instrument or writing issued by a
government or any agency; or
(iii) a check, an issue of stocks, bonds, or any other instrument or writing representing
an interest in or claim against property, or a pecuniary interest in or claim against any person or
enterprise.
(2) A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge
that the person is facilitating a fraud to be perpetrated by anyone, the person:
(a) alters any writing of another without his authority or utters the altered writing; or
(b) makes, completes, executes, authenticates, issues, transfers, publishes, or utters any
writing so that the writing or the making, completion, execution, authentication, issuance,
transference, publication, or utterance:
(i) purports to be the act of another, whether the person is existent or nonexistent;
(ii) purports to be an act on behalf of another party with the authority of that other
party; or
(iii) purports to have been executed at a time or place or in a numbered sequence other
than was in fact the case, or to be a copy of an original when an original did not exist.
(3) It is not a defense to a charge of forgery under Subsection (2)(b)(ii) if an actor signs
his own name to the writing if the actor does not have authority to make, complete, execute,
authenticate, issue, transfer, publish, or utter the writing on behalf of the party for whom the
actor purports to act.
(4) A person is guilty of producing or transferring any false identification document
who:
(a) knowingly and without lawful authority produces, attempts, or conspires to produce
an identification document, authentication feature, or a false identification document that is or
appears to be issued by or under the authority of an issuing authority;
(b) transfers
, or possesses with intent to transfer,
 an identification document,
authentication feature, or a false identification document knowing that the document or feature
was stolen or produced without lawful authority;
(c) produces, transfers, or possesses a document-making implement or authentication
feature with the intent that the document-making implement or the authentication feature be
used in the production of a false identification document or another document-making
implement or authentication feature; or
(d) traffics in false or actual authentication features for use in false identification
documents, document-making implements, or means of identification.
(5) A person who violates:
(a) Subsection (2) is guilty of a third degree felony; and
(b) Subsection (4) is guilty of a second degree felony.
(6) This part may not be construed to impose criminal or civil liability on any law
enforcement officer acting within the scope of a criminal investigation.
(7) The forfeiture of property under this part, including any seizure and disposition of
the property and any related judicial or administrative proceeding, shall be conducted in
accordance with Title 24, Forfeiture and Disposition of Property Act.
(8) The court shall order, in addition to the penalty prescribed for any person convicted
of a violation of this section, the forfeiture and destruction or other disposition of all illicit
authentication features, identification documents, false transaction cards, document-making
implements, or means of identification.