HB 13/CI (BR 329) – J. Draud, S. Westrom

by Rep. Susan Westrom

HB 13/CI (BR 329) – J. Draud, S. Westrom

AN ACT relating to crimes and punishments. Amend KRS 516.010, relating to forgery definitions, to include a definition of academic degree; amend KRS 516.030, relating to forgery in the second degree, to include forgery of an academic degree.

HB 13 – AMENDMENTS HCS/CI – Amend to include “diploma” in the definition of “Academic degree”; create additional definition for “academic degree.”

(Prefiled by the sponsor(s).)

Jan 4-introduced in House Jan 6-to Judiciary (H)

Feb 2-posted in committee Feb 9-reported favorably, 1st reading, to Calendar with Committee Substitute

Feb 10-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 11, 2005 Feb 15-3rd reading, passed 93-0 with Committee Substitute

Feb 16-received in Senate

Feb 22-to Judiciary (S)

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AN ACT relating to crimes and punishments.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. KRS 516.010 is amended to read as follows:

The following definitions apply in this chapter unless the context otherwise requires:

(1) (a) “Academic degree” means a document such as a degree, diploma, or certification of completion of a degree, course work, or degree credit, including a transcript, that provides evidence of or demonstrates completion of a course of instruction or course work, which is issued by a bona fide elementary school, secondary school, postsecondary educational institution, vocational, technical or professional educational institution, government, or private agency that is:

1. Licensed or granted a permit to operate by the Commonwealth of Kentucky;

2. Licensed or granted a permit to operate by a state of the United States;

3. Recognized by the United States Secretary of Education;

4. Accredited by an accrediting body recognized by the United States Secretary of Education or by a state of the United States;

5. Operated by a public agency of federal, state, or local government or an instrumentality thereof; or

6. Operated by, licensed by, granted a permit by, or recognized by the government of a foreign nation.

(b) “Academic degree” shall also include any document issued by a person or organization that is not a bona fide educational institution or does not meet the requirements of subparagraphs 1. to 6. of paragraph (a) of this subsection, which purports to give the illusion that a person has completed any course of instruction or course work offered by a school, institution, government, or agency described in paragraph (a) of this subsection.

(2) “Coin machine” means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed:

(a) To receive a coin or bill or token made for the purpose; and

(b) In return for the insertion or deposit thereof, automatically to offer, provide, assist in providing, or permit the acquisition of property or service;

(3)[(2)] “Complete written instrument” means a written instrument which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof;

(4)[(3)] “Controlled substance” has the same meaning as it does in KRS 218A.010;

(5)[(4)] “Incomplete written instrument” means a written instrument which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument;

(6)[(5)] To “falsely alter” a written instrument means to change, without the authority of anyone entitled to grant it, a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer;

(7)[(6)] To “falsely complete” a written instrument means to transform, by adding, inserting or changing matter, an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that the complete instrument appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer;

(8)[(7)] To “falsely make” a written instrument means to make or draw a complete written instrument in its entirety or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof;

(9)[(8)] “Forged instrument” means a written instrument which has been falsely made, completed, or altered;

(10)[(9)] “Slug” means an object or article which by virtue of its size, shape, or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as an improper substitute for a genuine coin, bill, or token;

(11)[(10)] “Value of the slug” means the value of the coin, bill, or token for which it is capable of being substituted; and

(12)[(11)] “Written instrument” means any instrument or article containing written or printed matter or its equivalent used for the purpose of reciting, embodying, conveying, or recording information, or constituting a symbol or evidence of value, right, privilege, or identification, which is capable of being used to the advantage or disadvantage of some person.

Section 2. KRS 516.030 is amended to read as follows:

(1) A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be or which is calculated to become or to represent when completed:

(a) A deed, will, codicil, contract, assignment, commercial instrument, credit card or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or

(b) A public record or an instrument filed or required or authorized by law to be filed in or with a public office or public employee;[ or]

(c) A written instrument officially issued or created by a public office, public employee or governmental agency; or

(d) An academic degree.

(2) Forgery in the second degree is a Class D felony.