SECOND REGULAR SESSION

HOUSE BILL NO. 2366

94TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES PARKINSON (Sponsor), RUESTMAN, GRISAMORE, SANDER, ONDER, SMITH (14), NOLTE, NIEVES, TILLEY, MUNZLINGER, PRATT, SMITH (150), FAITH, SCHARNHORST AND JETTON (Co-sponsors).

                  Read 1st time March 6, 2008 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

4346L.01I

AN ACT

To amend chapter 578, RSMo, by adding thereto one new section relating to driver's license fraud, with penalty provisions.

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

            Section A. Chapter 578, RSMo, is amended by adding thereto one new section, to be known as section 578.570, to read as follows:

            578.570. 1. Any person who:

            (1) Knowing or in reckless disregard of the fact that a person is an illegal alien assists such alien in committing fraud or deception during the examination process for an instruction permit, driver's license, or nondriver's license;

            (2) Knowing or in reckless disregard of the fact that a person is an illegal alien assists such alien in making application for an instruction permit, driver's license, or nondriver's license that contains or is substantiated with false or fraudulent information or documentation;

            (3) Knowing or in reckless disregard of the fact that a person is an illegal alien assists such alien in concealing a material fact or otherwise committing a fraud in an application for an instruction permit, driver's license, or nondriver's license; or

            (4) Engages in any conspiracy to commit any of the preceding acts or aids or abets the commission of any of the preceding acts;

is guilty of a class B misdemeanor for each alien for whom such a violation occurs, unless the person knowingly committed such violation, in which case it is a class D felony for each alien for whom such a violation occurs.

            2. A second violation of this statute shall be a class D felony, unless the person knowingly committed both such violations, in which case it is a class B felony.

            3. For the third violation and all subsequent violations, it shall be a class B felony.

            4. For purposes of this section, the term "illegal alien" means an individual who is a deportable alien under 8 U.S.C. section 1227. A certified copy of such deportable status as determined by the United States Immigration and Customs Enforcement Agency shall be prima facie evidence that the individual is an illegal alien.

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