Bill Text: TX SB909 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the prosecution of certain criminal offenses involving fraud.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB909 Detail]
Download: Texas-2019-SB909-Introduced.html
86R13885 ADM-F | ||
By: Hughes | S.B. No. 909 |
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relating to the prosecution of certain criminal offenses involving | ||
fraud. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 13, Code of Criminal Procedure, is | ||
amended by adding Article 13.291 to read as follows: | ||
Art. 13.291. CREDIT CARD OR DEBIT CARD ABUSE. An offense | ||
under Section 32.31, Penal Code, may be prosecuted in any county in | ||
which the offense was committed or in the county of residence for | ||
any person whose credit card or debit card was unlawfully possessed | ||
or used by the defendant. | ||
SECTION 2. Article 38.19, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 38.19. INTENT TO DEFRAUD: CERTAIN OFFENSES [ |
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any of the following sections of the Penal Code: | ||
(1) Section 32.21 (Forgery); | ||
(2) Section 32.31 (Credit Card or Debit Card Abuse); | ||
or | ||
(3) Section 32.51 (Fraudulent Use or Possession of | ||
Identifying Information). | ||
(b) In the trial [ |
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article applies [ |
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not required to prove [ |
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committed the act with intent to defraud any particular person. It | ||
is [ |
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its nature, calculated to injure or defraud any of the | ||
sovereignties, bodies corporate or politic, officers or persons, | ||
named in the definition of the offense [ |
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SECTION 3. Chapter 38, Code of Criminal Procedure, is | ||
amended by adding Article 38.391 to read as follows: | ||
Art. 38.391. EVIDENCE IN PROSECUTION OF FRAUDULENT USE OR | ||
POSSESSION OF IDENTIFYING INFORMATION. In a prosecution of an | ||
offense under Section 32.51, Penal Code, in which the defendant is | ||
alleged to have possessed the identifying information of more than | ||
one person, the attorney representing the state is not required to | ||
prove by direct evidence that each person did not consent to the | ||
defendant's conduct. It is sufficient if the lack of consent is | ||
proven by either direct or circumstantial evidence. | ||
SECTION 4. Section 32.31(a), Penal Code, is amended by | ||
adding Subdivisions (8) and (9) to read as follows: | ||
(8) "Counterfeit credit card or debit card" means a | ||
credit card or debit card that: | ||
(A) contains a digital imprint with account | ||
information or account holder information differing from that which | ||
is printed or embossed on the card; or | ||
(B) has been altered to change the account | ||
information or account holder information on the face of the card | ||
from that which was printed or embossed on the card by the issuer. | ||
(9) "Digital imprint" means the digital data placed on | ||
a credit card or debit card by the issuer. | ||
SECTION 5. Section 32.31, Penal Code, is amended by adding | ||
Subsection (b-1) to read as follows: | ||
(b-1) A person commits an offense if the person knowingly | ||
possesses, uses, transfers, or receives a counterfeit credit card | ||
or debit card. | ||
SECTION 6. Section 32.51(a), Penal Code, is amended to read | ||
as follows: | ||
(a) In this section: | ||
(1) "Identifying information" means information that | ||
alone or in conjunction with other information identifies a person, | ||
including a person's: | ||
(A) name and date of birth; | ||
(B) unique biometric data, including the | ||
person's fingerprint, voice print, or retina or iris image; | ||
(C) unique electronic identification number, | ||
address, routing code, or financial institution account number; | ||
(D) account [ |
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(E) social security number or other | ||
government-issued identification number. | ||
(2) "Account [ |
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a card, plate, code, account number, personal identification | ||
number, electronic serial number, mobile identification number, or | ||
other telecommunications service, equipment, or instrument | ||
identifier or means of account access that alone or in conjunction | ||
with another account [ |
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to: | ||
(A) obtain money, goods, services, or other thing | ||
of value; or | ||
(B) initiate a transfer of funds other than a | ||
transfer originated solely by paper instrument. | ||
SECTION 7. The changes in law made by this Act in amending | ||
Article 38.19, Code of Criminal Procedure, and adding Articles | ||
13.291 and 38.391, Code of Criminal Procedure, apply only to a | ||
criminal proceeding that commences on or after the effective date | ||
of this Act. A criminal proceeding that commenced before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the proceeding commenced, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 8. The change in law made by this Act to Section | ||
32.51(a), Penal Code, applies only to an offense committed on or | ||
after the effective date of this Act. An offense committed before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the offense was committed, and the former law is continued | ||
in effect for that purpose. For purposes of this section, an | ||
offense was committed before the effective date of this Act if any | ||
element of the offense occurred before that date. | ||
SECTION 9. This Act takes effect September 1, 2019. |