COMMITTEE ON PUBLIC SAFETY, HOMELAND

SECURITY AND JUSTICE

BILL NO. 28-0044

Twenty-Eighth Legislature of the Virgin Islands

May 12, 2009

An Act amending 34 V.I.C., enacting the “Minor Identification and Protection Act”; and
for other purposes

PROPOSED BY: Senator Neville A. James

1 WHEREAS, senseless youth violence in the Virgin Islands continues to escalate;

2 and

3 WHEREAS, school truancy in the Virgin Islands is rampant without the

4 necessary youth identification credentials to assist the law enforcement community in

5 stemming this trend; and

6 WHEREAS, criminal minded individuals have infiltrated and taken abode in

7 abandoned houses and occupancy vacant public housing community apartment; and

8 WHEREAS, the actions of these individuals are influencing and recruiting

9 minors of these areas to become participants in illegal and immoral acts; and
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1 WHEREAS, the Minor Identification and Protection Act will mandate all minors

2 to attain official identification and have with them at all times when in public; Now,

3 Therefore,

4 Be it enacted by the Legislature of the Virgin Islands:

5 SECTION 1. Title 34 Virgin Islands Code, is amended by adding a new chapter

6 14a to read:

7 “Chapter 14a. Minor Identification and Protection Act

8 §430. Short Title

9 This chapter may be cited as “The Minor Identification and Protection Act”.

10 §431. Definitions

11 For the purposes of this Act, unless the context otherwise requires, the terms used

12 herein shall have the following meanings ascribed to them:

13 (a) "Minor" means a person between the age of 10 and less than 18 years of

14 age; and

15 (b) "Parent" means the natural parent, adoptive parent, legal guardian or

16 custodian who has legal custody of the minor.

17 §432. Identification Card Issuance and Requirements

18 (a) Every minor in the Virgin Islands shall attain an identification card from

19 either:

20 (1) Virgin Islands Police Department; or

21 (2) Department of Motor Vehicles

22 (b) The identification card shall display the following information:

23 (1) Name of minor;

24 (2) Physical Address;

25 (3) Present School attending;

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1 (4) Present Grade;

2 (5) Emergency contact person; and

3 (6) Emergency contact number.

4 §433. Responsibilities

5 (a) Parents shall:

6 (1) obtain an identification card for the minors in their care as defined

7 by this chapter; and

8 (2) keep in their possession, at all times, an identification card for the

9 minors in their care as defined by this chapter;

10 (b) Minors required to attain an identification card shall:

11 (1) carry their identification card at all times, when in public; and

12 (2) Display their identification card upon the request of any law

13 enforcement officer.

14 §434. Penalties

15 (a) Any person who facilitates, forges or manufactures a false identification

16 card for a minor shall be subject to the penalties of 14 V.I.C. §791.

17 (b) Any minor, as defined in this chapter, not in possession of an

18 identification card shall be apprehended and the parents or legal guardians may be

19 charged pursuant to 14 V.I.C. §481(a).”

20 SECTION 2. Title 14 Virgin Islands Code, §481, subsection (a) is amended after

21 the phrase “Superior Court of the Virgin Islands” insert “or omits the performance of the

22 duty of minor identification as set forth in chapter 14a of title 34 Virgin Islands Code,”.

23 SECTION 3. This act shall take effect on September 1, 2009.

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1 BILL SUMMARY

2 This bill amends 34 V.I.C. by creating a new chapter 14a entitled “The Minor

3 Identification and Protection Act”.

4 Section 1 defines parent and minor for purposes of this act, sets forth the

5 identification card procedure and requirements, the responsibilities of both parents and

6 the minor and sets forth penalties for violations and fake identification cards.

7 Section 2 amends 14 V.I.C., §481(a) as it relates to “Neglect of parental duty”,

8 including it as a penalty for failure to procure the necessary identification cards.

9 Section 3 states that the act’s effective date is September 1, 2009.

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12 BR09-0299 / March 17, 2009 / PFA

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