SENATE BILL REPORT

ESHB 1843

As of March 24, 2003

Title: An act relating to crimes involving drivers' licenses and identicards.

Brief Description: Prohibiting manufacture or sale of fraudulent or stolen drivers' licenses and identicards.

Sponsors: House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Benson, Schual-Berke, Moeller, Bush, Simpson, Mielke and Rockefeller).

Brief History:

Committee Activity: Financial Services, Insurance & Housing: 3/27/03.

SENATE COMMITTEE ON FINANCIAL SERVICES, INSURANCE & HOUSING

Staff: Joanne Conrad (786-7472)

Background: In addition to documenting a person's driving privilege, drivers' licenses are frequently used to verify identification for banking, check cashing and other transactions, including air travel. The significant increase in financial fraud crimes may be partially related to criminal use of stolen or fictitious drivers' licenses or identicards, as identification to commit fraud. Modern technology enables criminals to forge, steal, alter or counterfeit driver's licenses, and then use the phony identification to commit crimes.

Summary of Bill: Creation of new offense: It is unlawful to manufacture, sell, or deliver a forged, stolen, fictitious, counterfeit, fraudulently altered or unlawfully issued driver's license or identicard. This same prohibition applies to the unlawful manufacture, sale, or delivery of a blank driver's license or identicard.

Offense classification: The offense is a class C felony if done for financial gain or with the intent to commit forgery, theft or identity theft. Absent such intent, the offense is classified as a gross misdemeanor.

However, subject to specified conditions, an exception is created with respect to some offenders who are under 21 years of age. When the offense is committed for the sole purpose of enabling a person to misrepresent his or her age, it is a misdemeanor for any person under 21 years old to manufacture or deliver fewer than four forged, fictitious, counterfeit or fraudulently altered driver's licenses or identicards.

Jurisdictional provision: When this offense occurs in connection with the crime of identity theft, the jurisdiction for purposes of prosecution may be either the place of the victim's residence or the locality in which any part of the offense took place.

Appropriation: None.

Fiscal Note: Available.

Effective Date: Ninety days after adjournment of session in which bill is passed.