HOUSE BILL NO. 2336 Offered January 10, 2007 Prefiled January 9, 2007 A BILL to amend and reenact § 18.2-204.1 of the Code of Virginia, relating to fraudulent use of birth certificates, etc.; penalty. ---------- Patron-- Gilbert ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-204.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-204.1. Fraudulent use of birth certificates, etc.; penalty.

A. It shall be unlawful for any person to obtain, possess, sell, or transfer the birth certificate of another for the purpose of establishing a false identity for himself or for another person.

B. It shall be unlawful for any person to obtain, possess, sell, or transfer any document for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person.

C. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor, except when the birth certificate or document is obtained, possessed, sold, or transferred with the intent to use such certificate or document to purchase a firearm, in which case a violation of this section shall be punishable as a Class 6 felony.

D. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies in the performance of their duties.

E. The provisions of this section shall not preclude prosecution under any other statute.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment.  Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $1,659,892 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.