SECOND REGULAR SESSION

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 2159

94TH GENERAL ASSEMBLY

                  Reported from the Special Committee on Student Achievement April 1, 2008 with recommendation that House Committee Substitute for House Bill No. 2159 Do Pass. Referred to the Committee on Rules pursuant to Rule 25(21)(f).

D. ADAM CRUMBLISS, Chief Clerk

4479L.02C

AN ACT

To amend chapters 506 and 570, RSMo, by adding thereto two new sections relating to the Missouri diploma and transcript act, with a penalty provision.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapters 506 and 570, RSMo, are amended by adding thereto two new sections, to be known as sections 506.530 and 570.095, to read as follows:

            506.530. 1. Any suit under section 570.095, RSMo, shall be filed in the county in which the cause of action accrues or in the county where the plaintiff resides, and if there be other defendants in such action who are residents of the state of Missouri, then such action shall be brought in any county in which any one of said defendants resides, or in the county within which the plaintiff resides and the defendant may be found.

            2. Any civil suit under the provisions of section 570.095, RSMo, for a person charged with unlawful use of a diploma or transcript may be filed:

            (1) In the county in which the offense is committed;

            (2) If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred;

            (3) In the county in which the defendant resides;

            (4) In the county in which the victim resides; or

            (5) In the county in which the property obtained or attempted to be obtained was located.

            570.095. 1. This section shall be known as the "Missouri Diploma and Transcript Act".

            2. As used in this section the following terms shall mean:

            (1) "Diploma", any document bearing record of graduation from or of a degree conferred by an educational institution;

            (2) "Transcript", any document which purports to be an official copy of a student's educational record.

            3. A person commits the crime of unlawful use of a diploma or transcript if such person:

            (1) Knowingly sells or offers for sale a diploma or transcript purporting to be a diploma or transcript from an educational institution without the express written authorization of the educational institution to sell or offer for sale such diploma or transcript; or

            (2) Knowingly offers as genuine a fraudulent diploma or transcript as proof of educational attainment in applying to an institution of higher learning or on an application for employment.

            4. Unlawful use of a diploma or transcript is a class D felony.

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