46.2-345 - Issuance of special identification cards; fee; confidentiality; penalties.
§ 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 orthe parent or legal guardian of any such person who is under the age of 15,the Department shall issue a special identification card to the personprovided:
1. Application is made on a form prescribed by the Department and includesthe applicant's full legal name; year, month, and date of birth; socialsecurity number; sex; and residence address;
2. The applicant presents, when required by the Department, proof ofidentity, legal presence, residency, and social security number or non-workauthorized status;
3. The Department is satisfied that the applicant needs an identificationcard 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'slicense, temporary driver's permit, learner's permit, or motorcycle learner'spermit.
Persons 70 years of age or older may exchange a valid Virginia driver'slicense for a special identification card at no fee. Special identificationcards subsequently issued to such persons shall be subject to the regularfees for special identification cards.
B. The fee for the issuance of an original or renewal special identificationcard is $5. The fee for the issuance of a duplicate or reissue of a specialidentification card is $5. Persons 21 years old or older may be issued ascenic special identification card for an additional fee of $5.
C. Every special identification card shall expire on the last day of themonth of birth of the applicant in years in which the applicant attains anage exactly divisible by five. At no time shall any special identificationcard be issued for less than three nor more than seven years, except underthe provisions of subsection B of § 46.2-328.1 and except that those cardsissued to children under the age of 15 shall expire on the child's sixteenthbirthday, thereafter the special identification card may be renewed on orbefore the last day of the month of birth of the applicant and shall be validfor five years, expiring in the next year in which the applicant's age isexactly divisible by five, except under the provisions of subsection B of §46.2-328.1.
D. A special identification card issued under this section may be similar insize, shape, and design to a driver's license, and include a photograph ofits holder, but the card shall be readily distinguishable from a driver'slicense and shall clearly state that it does not authorize the person to whomit is issued to drive a motor vehicle. Every applicant for a specialidentification card shall appear in person before the Department to apply fora renewal, duplicate or reissue unless specifically permitted by theDepartment to apply in another manner.
E. Special identification cards, for persons at least 15 years old but lessthan 21 years old, shall be immediately and readily distinguishable fromthose issued to persons 21 years old or older. Distinguishing characteristicsshall include unique design elements of the document and descriptors withinthe photograph area to identify persons who are at least 15 years old butless than 21 years old. These descriptors shall include the month, day, andyear when the person will become 21 years old.
F. Special identification cards for persons under age 15 shall bear a fullface photograph. The special identification card issued to persons under age15 shall be readily distinguishable from a driver's license and from otherspecial identification cards issued by the Department. Such cards shallclearly indicate that it does not authorize the person to whom it is issuedto drive a motor vehicle.
G. Unless otherwise prohibited by law, a valid Virginia driver's license maybe surrendered for a special identification card without the applicant'shaving to present proof of legal presence as required by § 46.2-328.1 if theVirginia driver's license is unexpired and it has not been revoked,suspended, or cancelled. The special identification card shall be considereda reissue and the expiration date shall be the last day of the month of thesurrendered driver's license's month of expiration.
H. Any personal information, as identified in § 2.2-3801, which is retainedby the Department from an application for the issuance of a specialidentification card is confidential and shall not be divulged to any person,association, corporation, or organization, public or private, except to thelegal guardian or the attorney of the applicant or to a person, association,corporation, or organization nominated in writing by the applicant, his legalguardian, or his attorney. This subsection shall not prevent the Departmentfrom furnishing the application or any information thereon to anylaw-enforcement agency.
I. Any person who uses a false or fictitious name or gives a false orfictitious address in any application for an identification card or knowinglymakes a false statement or conceals a material fact or otherwise commits afraud 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, orfact is concealed, or fraud committed, with the intent to purchase a firearmor where the identification card is obtained for the purpose of committingany offense punishable as a felony, a violation of this section shallconstitute a Class 4 felony.
J. The Department may promulgate regulations necessary for the effectiveimplementation of the provisions of this section.
K. The Department shall utilize the various communications media throughoutthe Commonwealth to inform Virginia residents of the provisions of thissection and to promote and encourage the public to take advantage of itsprovisions.
L. The Department shall electronically transmit application information tothe Department of State Police, in a format approved by the State Police, forcomparison with information contained in the Virginia Criminal InformationNetwork and National Crime Information Center Convicted Sexual OffenderRegistry Files, at the time of issuance of a special identification card.Whenever it appears from the records of the State Police that a person hasfailed to comply with the duty to register or reregister pursuant to Chapter9 (§ 9.1-900 et seq.) of Title 9.1, the State Police shall promptlyinvestigate and, if there is probable cause to believe a violation hasoccurred, obtain a warrant or assist in obtaining an indictment charging aviolation of § 18.2-472.1 in the jurisdiction in which the person madeapplication for the special identification card.
(1973, c. 214, § 46.1-383.3; 1975, c. 549; 1981, cc. 593, 594; 1982, c. 180;1983, c. 608; 1984, c. 780; 1989, c. 727; 1993, cc. 471, 501; 1997, c. 486;1998, c. 322; 1999, c. 593; 2002, cc. 767, 834; 2005, cc. 259, 260, 281, 665,828; 2006, cc. 857, 914; 2009, c. 872.)