New Hampshire 2025 Regular Session

New Hampshire Senate Bill SB258 Compare Versions

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Old	New	Differences
1	1	SB 258-FN - AS AMENDED BY THE SENATE
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5	5	03/06/2025 0493s
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7	7	2025 SESSION
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9	9	25-1041
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11	11	09/08
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15	15	SENATE BILL258-FN
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19	19	AN ACTestablishing crimes related to the fraudulent use of gift cards.
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23	23	SPONSORS:Sen. Ricciardi, Dist 9; Sen. Murphy, Dist 16; Sen. Innis, Dist 7; Sen. McGough, Dist 11; Sen. Fenton, Dist 10; Rep. Spier, Hills. 6; Rep. Potucek, Rock. 13
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27	27	COMMITTEE:Judiciary
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35	35	AMENDED ANALYSIS
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39	39	This bill establishes criminal offenses regarding the fraudulent use of gift cards.
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43	43	- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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47	47	Explanation:Matter added to current law appears in bold italics.
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49	49	Matter removed from current law appears [in brackets and struckthrough.]
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51	51	Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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53	53	03/06/2025 0493s25-1041
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55	55	09/08
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59	59	STATE OF NEW HAMPSHIRE
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63	63	In the Year of Our Lord Two Thousand Twenty Five
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67	67	AN ACTestablishing crimes related to the fraudulent use of gift cards.
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71	71	Be it Enacted by the Senate and House of Representatives in General Court convened:
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75	75	1 Theft; Definitions. Amend RSA 637:2 to read as follows:
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77	77	637:2 Definitions.
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79	79	The following definitions are applicable to this chapter:
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81	81	I. "Property" means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing any thing of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him.
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83	83	II. "Obtain" means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph or other reproduction.
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85	85	III. "Purpose to deprive" means to have the conscious object:
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87	87	(a) To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost;
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89	89	(b) To restore the property only upon payment of a reward or other compensation;
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91	91	(c) To dispose of the property under circumstances that make it unlikely that the owner will recover it; or
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93	93	(d) To appropriate the goods or merchandise of a merchant without paying the merchant's stated or advertised price.
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95	95	IV. "Property of another" includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.
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97	97	V. "Value" means the highest amount determined by any reasonable standard of property or services.
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99	99	(a) Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
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101	101	(b) The value of property or services obtained by the actor shall determine the grade of the offense, and such value shall not be offset against or reduced by the value of any property or services given by the actor in exchange.
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103	103	(c) Each personal check or credit card shall have a value of $250.
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105	105	(d) Each gift card shall have a value of:
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107	107	(1) The highest monetary value listed on the face of the gift card or its packaging.
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109	109	(2) If the highest monetary value of the gift card is not listed on the face of the gift card or its packaging, the gift card shall have a value of $250.
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111	111	VI. "Merchant" means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.
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113	113	VII. “Gift Card” means a digital closed-loop gift card or open-loop gift card that is either activated or inactivated.
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115	115	VIII. “Open-loop gift card” means a card, code, or device that is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment; and is redeemable upon presentation at multiple unaffiliated merchants for goods or services within a payment card network.
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117	117	IX. “Closed-loop gift card” means a card, code, or device that is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment; and is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants.
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119	119	2 New Section; Crimes Involving Gift Cards. Amend RSA 637 by inserting after section 10-c the following new section:
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121	121	637:10-d Crimes Involving Gift Cards.
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123	123	I. The following definitions are applicable to this section:
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125	125	(a) “Cardholder” with respect to a specific gift card, means the person who has purchased, or to whom is gifted, that card.
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127	127	(b) “Card issuer” means any party that issues a gift card or the agent of that party with respect to that card.
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129	129	(c) “Gift card redemption information” means information unique to each gift card which allows the cardholder to access, transfer, or spend the funds on that gift card.
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131	131	(d) “Gift card seller” means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers.
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133	133	II. A person shall be guilty of theft if such person does any of the following:
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135	135	(a) Acquires or retains possession of a gift card or gift card redemption information with intent to defraud and without consent of the cardholder, card issuers, or gift card reseller;
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137	137	(b) Uses, for the purpose of obtaining money, goods, services, or anything else of value, a gift card or gift card redemption information that has been obtained by deception or forgery; or
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139	139	(c) With intent to defraud, alters or tampers with a gift card or its packaging.
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141	141	3 Effective Date. This act shall take effect January 1, 2026.
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145	145	LBA
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147	147	25-1041
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149	149	1/8/25
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153	153	SB 258-FN- FISCAL NOTE
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155	155	AS INTRODUCED
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159	159	AN ACTrelative to the crime of fraudulent retail transactions.
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163	163	FISCAL IMPACT:
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166	166	Estimated State Impact
167	167	FY 2025 FY 2026 FY 2027 FY 2028
168	168	Revenue $0 $0 $0 $0
169	169	Revenue Fund None
170	170	Expenditures* Indeterminable
171	171	Funding Source General Fund
172	172	Appropriations* $0 $0 $0 $0
173	173	Funding Source None
174	174	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
175	175	Estimated Political Subdivision Impact
176	176	FY 2025 FY 2026 FY 2027 FY 2028
177	177	County Revenue $0 $0 $0 $0
178	178	County Expenditures Indeterminable
179	179	Local Revenue $0 $0 $0 $0
180	180	Local Expenditures Indeterminable
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186	186	Estimated State Impact
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190	190	FY 2025
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192	192	FY 2026
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194	194	FY 2027
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196	196	FY 2028
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198	198	Revenue
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200	200	$0
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202	202	$0
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204	204	$0
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206	206	$0
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208	208	Revenue Fund
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210	210	None
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212	212	Expenditures*
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214	214	Indeterminable
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216	216	Funding Source
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218	218	General Fund
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220	220	Appropriations*
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222	222	$0
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224	224	$0
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226	226	$0
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228	228	$0
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230	230	Funding Source
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232	232	None
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234	234	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
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238	238	Estimated Political Subdivision Impact
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242	242	FY 2025
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244	244	FY 2026
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246	246	FY 2027
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248	248	FY 2028
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250	250	County Revenue
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252	252	$0
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254	254	$0
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256	256	$0
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258	258	$0
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260	260	County Expenditures
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262	262	Indeterminable
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264	264	Local Revenue
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266	266	$0
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268	268	$0
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270	270	$0
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272	272	$0
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274	274	Local Expenditures
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276	276	Indeterminable
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280	280	METHODOLOGY:
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282	282	This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
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286	286	AGENCIES CONTACTED:
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288	288	Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association