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2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-345 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-345. Issuance of special identification cards; fee; confidentiality; penalties.
A. On the application of any person who is a resident of the
Commonwealth or the parent or legal guardian of any such person who is under
the age of fifteen 15, the Department shall issue a special
identification card to the person provided:
1. Application is made on a form prescribed by the Department;
2. The applicant presents a birth certificate or other evidence acceptable to the Department of his name and date of birth;
3. The Department is satisfied that the applicant needs an identification card or the applicant shows he has a bona fide need for such a card; and
4. The applicant does not hold a driver's license, commercial driver's license, temporary driver's permit, learner's permit, or motorcycle learner's permit.
5. Persons 70 years of age or older may exchange a valid Virginia driver's license for a special identification card at no fee. Special identification cards subsequently issued to such persons shall be subject to the regular fees for special identification cards.
B. The fee for the issuance of a special identification card
is five dollars $5. Persons twenty-one 21 years old
or older may be issued a scenic special identification card for an additional
fee of five dollars $5.
C. A special identification card shall expire five years from
its date of issuance except that those cards issued to children under the age
of fifteen 15 shall expire on the child's fifteenth birthday or
five years from the date of issuance, whichever occurs first.
D. A special identification card issued under this section may be similar in size, shape, and design to a driver's license, and include a color photograph of its holder, but the card shall be readily distinguishable from a driver's license and shall clearly state that it does not authorize the person to whom it is issued to drive a motor vehicle.
E. Special identification cards, for persons at least
fifteen 15 years old but less than twenty-one 21 years
old, shall be immediately and readily distinguishable from those issued to
persons twenty-one 21 years old or older. Distinguishing
characteristics shall include unique design elements of the document and
descriptors within the photograph area to identify persons who are at least
fifteen 15 years old but less than twenty-one 21 years
old. These descriptors shall include the month, day, and year when the person
will become twenty-one 21 years old.
F. Special identification cards for persons under age
fifteen 15 shall bear a full face photograph. The special
identification card issued to persons under age fifteen 15 shall
be readily distinguishable from a driver's license and from other special
identification cards issued by the Department. Such cards shall clearly
indicate that it does not authorize the person to whom it is issued to drive a
motor vehicle.
G. Any personal information, as identified in § 2.2-3801, which is retained by the Department from an application for the issuance of a special identification card is confidential and shall not be divulged to any person, association, corporation, or organization, public or private, except to the legal guardian or the attorney of the applicant or to a person, association, corporation, or organization nominated in writing by the applicant, his legal guardian, or his attorney. This subsection shall not prevent the Department from furnishing the application or any information thereon to any law-enforcement agency.
H. Any person who uses a false or fictitious name or gives a false or fictitious address in any application for an identification card or knowingly makes a false statement or conceals a material fact or otherwise commits a fraud in any such application shall be guilty of a Class 2 misdemeanor. However, where the name or address is given, or false statement is made, or fact is concealed, or fraud committed, with the intent to purchase a firearm or where the identification card is obtained for the purpose of committing any offense punishable as a felony, a violation of this section shall constitute a Class 4 felony.
I. The Department may promulgate regulations necessary for the effective implementation of the provisions of this section.
J. The Department shall utilize the various communications media throughout the Commonwealth to inform Virginia residents of the provisions of this section and to promote and encourage the public to take advantage of its provisions.