MD
Maryland House Bill HB1074

Maryland 2025 Regular Session

Maryland House Bill HB1074 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
44 [Brackets] indicate matter deleted from existing law.
55 *hb1074*
66
77 HOUSE BILL 1074
88 E1 5lr2362
99 CF SB 874
1010 By: Delegate Toles
1111 Introduced and read first time: February 5, 2025
1212 Assigned to: Judiciary
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Criminal Law – Gift Card Crimes 2
1919
2020 FOR the purpose of prohibiting a person from taking a certain gift card from another or 3
2121 receiving a gift card with the intent to use, sell, or transfer the gift card in a certain 4
2222 manner; prohibiting a person from receiving a gift card that the person knows was 5
2323 lost, mislaid, or delivered under a mistake and retaining possession in a certain 6
2424 manner; prohibiting a person from selling and buying a gift card under certain 7
2525 circumstances; prohibiting a person from falsely making or embossing a gift card or 8
2626 transferring or possessing certain falsely made gift cards under certain 9
2727 circumstances; prohibiting a person other than a certain intended gift card recipient 10
2828 from signing a gift card with the intent to defraud another; and generally relating to 11
2929 crimes involving gift cards. 12
3030
3131 BY repealing and reenacting, with amendments, 13
3232 Article – Criminal Law 14
3333 Section 8–201 to be under the amended subtitle “Subtitle 2. Credit Card and Gift 15
3434 Card Crimes” 16
3535 Annotated Code of Maryland 17
3636 (2021 Replacement Volume and 2024 Supplement) 18
3737
3838 BY adding to 19
3939 Article – Criminal Law 20
4040 Section 8–204.1 and 8–205.1 21
4141 Annotated Code of Maryland 22
4242 (2021 Replacement Volume and 2024 Supplement) 23
4343
4444 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYL AND, 24
4545 That the Laws of Maryland read as follows: 25
4646
4747 Article – Criminal Law 26
4848 2 HOUSE BILL 1074
4949
5050
5151 Subtitle 2. Credit Card AND GIFT CARD Crimes. 1
5252
5353 8–201. 2
5454
5555 (a) In this subtitle the following words have the meanings indicated. 3
5656
5757 (b) “Cardholder” means the person named on the face of a credit card to whom or 4
5858 for whose benefit the credit card is issued by an issuer. 5
5959
6060 (c) (1) “Credit card” means an instrument or device issued by an issuer for the 6
6161 use of a cardholder in obtaining money, goods, services, or anything of value on credit. 7
6262
6363 (2) “Credit card” includes: 8
6464
6565 (i) a debit card, access card, or other device for use by a cardholder 9
6666 to effect a transfer of funds through an electronic terminal, telephone, or computer; 10
6767
6868 (ii) a magnetic tape that orders or authorizes a financial institution 11
6969 to debit or credit an account; and 12
7070
7171 (iii) a code, account number, or other means of account access that is 13
7272 not encoded or truncated and can be used to: 14
7373
7474 1. obtain money, goods, services, or anything of value; or 15
7575
7676 2. initiate a transfer of funds. 16
7777
7878 (3) “Credit card” does not include: 17
7979
8080 (I) A GIFT CARD; OR 18
8181
8282 (II) a check, draft, or similar paper instrument. 19
8383
8484 (D) (1) “GIFT CARD” MEANS: 20
8585
8686 (I) A PAPER, METAL, PLASTIC, OR DIGITAL INSTRUMENT OR 21
8787 DEVICE, INCLUDING A CARD WITH A MAGNETIC STRIPE, THAT IS ISSUED BY AN 22
8888 ISSUER AND IS ABLE TO BE USED TO PURCHASE, EITHER WHOLLY OR IN PART, 23
8989 MONEY, GOODS, SERVICES, OR ANYTHING OF VALUE THROUGH PRESENTATION OF 24
9090 THE CARD ON WHICH A PREPAID BALANCE OF FUNDS IS STORED ; OR 25
9191
9292 (II) A TANGIBLE OR INTANGIB LE INSTRUMENT OR DEVICE 26
9393 BEARING A CODE, AN ACCOUNT NUMBER , OR OTHER MEANS OF AC COUNT ACCESS 27
9494 THAT IS NOT ENCODED OR TRUNCATED AND IS ABLE TO BE USED TO P URCHASE, 28
9595 EITHER WHOLLY OR IN PART, MONEY, GOODS, SERVICES, OR ANYTHING OF VALUE 29 HOUSE BILL 1074 3
9696
9797
9898 THROUGH PRESENTATION OF THE CODE, ACCOUNT NUMBER , OR ACCOUNT ACCESS 1
9999 THROUGH WHICH A PREP AID BALANCE OF FUNDS IS STORED OR ACCESSI BLE. 2
100100
101101 (2) “GIFT CARD” DOES NOT INCLUDE : 3
102102
103103 (I) A CREDIT CARD; 4
104104
105105 (II) AN ELECTRONIC FUNDS TRANS FER; OR 5
106106
107107 (III) MONEY, A CHECK, A DRAFT, OR ANY SIMILAR PAPER 6
108108 INSTRUMENT . 7
109109
110110 (E) “INTENDED GIFT CARD RE CIPIENT” MEANS THE PERSON TO WHOM THE 8
111111 ORIGINAL GIFT CARD P URCHASER INTENDED TO TRANSFER THE RIGHT T O USE THE 9
112112 GIFT CARD. 10
113113
114114 [(d)] (F) “Issuer” means a business organization or financial institution that 11
115115 issues a credit card OR GIFT CARD or the authorized agent of the business organization or 12
116116 financial institution. 13
117117
118118 (G) “ORIGINAL GIFT CARD PU RCHASER” MEANS THE PERSON , BUSINESS 14
119119 ORGANIZATION , OR FINANCIAL INSTITU TION THAT PURCHASED THE GIFT CARD . 15
120120
121121 8–204.1. 16
122122
123123 (A) (1) A PERSON MAY NOT , WITH THE INTENT TO D EFRAUD: 17
124124
125125 (I) TAKE A GIFT CARD FROM ANOTHER , OR FROM THE 18
126126 POSSESSION, CUSTODY, OR CONTROL OF ANOTHE R, WITHOUT THE CONSENT OF THE 19
127127 ISSUER, ORIGINAL GIFT CARD P URCHASER, OR THE INTENDED GIFT CARD 20
128128 RECIPIENT; OR 21
129129
130130 (II) WITH KNOWLEDGE THAT A GIFT CARD HAS BEEN TAKEN 22
131131 UNDER THE CIRCUMSTAN CES DESCRIBED IN ITE M (I) OF THIS PARAGRAPH , RECEIVE 23
132132 THE GIFT CARD WITH THE INTENT TO USE OR SELL THE GIFT CARD OR TRANSFER 24
133133 THE GIFT CARD TO ANOTHER WHO IS NOT THE ISSUER, ORIGINAL GIFT CARD 25
134134 PURCHASER , OR THE INTENDED GIFT CARD RECIPIENT . 26
135135
136136 (2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF GIFT 27
137137 CARD THEFT. 28
138138
139139 (B) (1) A PERSON MAY NOT RECEI VE A GIFT CARD THAT THE PERSON 29
140140 KNOWS WAS LOST , MISLAID, OR DELIVERED UNDER A MISTAKE AS TO THE ID ENTITY 30
141141 OR ADDRESS OF THE ORIGINAL GIFT CARD P URCHASER OR THE INTE NDED GIFT 31 4 HOUSE BILL 1074
142142
143143
144144 CARD RECIPIENT AND RETAIN POSSESSIO N OF THE GIFT CARD WITH THE INTENT TO 1
145145 USE OR SELL THE GIFT CARD OR TRANSFER THE GIFT CARD TO ANOTHER WHO IS 2
146146 NOT THE ISSUER , ORIGINAL GIFT CARD P URCHASER, OR THE INTENDED GIFT CARD 3
147147 RECIPIENT. 4
148148
149149 (2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF GIFT 5
150150 CARD THEFT. 6
151151
152152 (C) A PERSON MAY NOT : 7
153153
154154 (1) SELL A GIFT CARD UNLESS THE PERS ON IS THE ISSUER OR A 8
155155 PERSON AUTHORIZED BY THE ISSUER TO SELL A GIFT CARD; OR 9
156156
157157 (2) BUY A GIFT CARD FROM A PERSON O THER THAN THE ISSUER OR A 10
158158 PERSON AUTHORIZED BY THE ISSUER TO SELL A GIFT CARD. 11
159159
160160 (D) A PERSON OTHER THAN TH E ISSUER MAY NOT REC EIVE A GIFT CARD 12
161161 THAT THE PER SON KNOWS WAS TAKEN OR RETAINED UNDER CI RCUMSTANCES THAT 13
162162 CONSTITUTE: 14
163163
164164 (1) GIFT CARD THEFT; OR 15
165165
166166 (2) A VIOLATION OF SUBSE CTION (C) OF THIS SECTION. 16
167167
168168 (E) (1) A PERSON WHO VIOLATES THIS SECTION WITH RE SPECT TO A GIFT 17
169169 CARD WITH A STORED O R ACCESSIBLE BALANCE OF FUNDS OF LESS THAN $100 IS 18
170170 GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 19
171171 NOT EXCEEDING 90 DAYS OR A FINE NOT E XCEEDING $500 OR BOTH. 20
172172
173173 (2) A PERSON WHO VIOLATES THIS SECTION WITH RE SPECT TO A GIFT 21
174174 CARD WITH A STORED O R ACCESSIBLE BALANCE OF FUNDS OF $100 OR MORE IS 22
175175 GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO: 23
176176
177177 (I) FOR A FIRST CONVICTI ON, IMPRISONMENT NOT EXC EEDING 24
178178 6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH; AND 25
179179
180180 (II) FOR A SECOND OR SUBS EQUENT CONVICTI ON, 26
181181 IMPRISONMENT NOT EXC EEDING 1 YEAR OR A FINE NOT EXCEEDING $500 OR BOTH. 27
182182
183183 8–205.1. 28
184184
185185 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 29
186186 INDICATED. 30 HOUSE BILL 1074 5
187187
188188
189189
190190 (2) “FALSELY EMBOSS ” MEANS TO CREATE A GIFT CARD W ITHOUT 1
191191 THE AUTHORIZATION OF THE ISSUER. 2
192192
193193 (3) “FALSELY MAKE” MEANS: 3
194194
195195 (I) TO MAKE OR DRAW , WHOLLY OR PARTLY , A DEVICE OR 4
196196 INSTRUMENT THAT PURP ORTS TO BE A GIFT CARD BUT THAT IS NOT A GIFT CARD 5
197197 BECAUSE AN ISSUER DI D NOT AUTHORIZE THE MAKING OR DRAWING ; OR 6
198198
199199 (II) TO ALTER A GIFT CARD THAT WAS VALIDL Y ISSUED. 7
200200
201201 (B) A PERSON MAY NOT , WITH THE INTENT TO D EFRAUD ANOTHER : 8
202202
203203 (1) FALSELY MAKE A PURPO RTED GIFT CARD; 9
204204
205205 (2) FALSELY EMBOSS A GIFT CARD; OR 10
206206
207207 (3) TRANSFER OR POSSESS : 11
208208
209209 (I) A FALSELY MADE INSTR UMENT OR DEVICE THAT PURPORT S 12
210210 TO BE A GIFT CARD, WITH KNOWLEDGE THAT THE INSTRUMENT OR DE VICE WAS 13
211211 FALSELY MADE ; OR 14
212212
213213 (II) A FALSELY EMBOSSED GIFT CARD WITH KNOWLEDGE THAT 15
214214 THE GIFT CARD WAS FALSELY EMB OSSED. 16
215215
216216 (C) A PERSON OTHER THAN TH E INTENDED GIFT CARD R ECIPIENT MAY NOT 17
217217 SIGN A GIFT CARD WITH THE INTENT TO DEFRAUD ANOTHER . 18
218218
219219 (D) (1) A PERSON WHO VIOLATES THIS SECTION WITH RESPECT TO A 19
220220 FALSELY MADE OR FALS ELY EMBOSSED GIFT CA RD WITH A PURPORTED OR ACTUAL 20
221221 STORED OR ACCESSIBLE BALANCE OF FUNDS OF LESS THAN $100 IS GUILTY OF A 21
222222 MISDEMEANOR AND ON CONVICT ION IS SUBJECT TO IM PRISONMENT NOT 22
223223 EXCEEDING 90 DAYS OR A FINE NOT E XCEEDING $500 OR BOTH. 23
224224
225225 (2) A PERSON WHO VIOLATES THIS SECTION WITH RE SPECT TO A 24
226226 FALSELY MADE OR FALS ELY EMBOSSED GIFT CA RD WITH A PURPORTED OR ACTUAL 25
227227 STORED OR ACCES SIBLE BALANCE OF FUN DS OF $100 OR MORE IS GUILTY OF A 26
228228 MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO: 27
229229
230230 (I) FOR A FIRST CONVICTIO N, IMPRISONMENT NOT EXC EEDING 28
231231 6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH; AND 29 6 HOUSE BILL 1074
232232
233233
234234
235235 (II) FOR A SECOND OR SUBSE QUENT CONVICTION , 1
236236 IMPRISONMENT NOT EXC EEDING 1 YEAR OR A FINE NOT E XCEEDING $500 OR BOTH. 2
237237
238238 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
239239 October 1, 2025. 4