| 1 | 1 | | By: McClendon, Carter (Senate Sponsor - Uresti) H.B. No. 1215 |
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| 2 | 2 | | (In the Senate - Received from the House April 14, 2011; |
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| 3 | 3 | | April 20, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Criminal Justice; May 12, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 7, Nays 0; May 12, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the creation of the offense of unauthorized acquisition |
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| 11 | 11 | | or transfer of certain financial information. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 31, Penal Code, is amended by adding |
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| 14 | 14 | | Section 31.17 to read as follows: |
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| 15 | 15 | | Sec. 31.17. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN |
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| 16 | 16 | | FINANCIAL INFORMATION. (a) In this section: |
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| 17 | 17 | | (1) "Check" has the meaning assigned by Section 3.104, |
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| 18 | 18 | | Business & Commerce Code. |
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| 19 | 19 | | (2) "Credit card" and "debit card" have the meanings |
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| 20 | 20 | | assigned by Section 32.31. |
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| 21 | 21 | | (3) "Financial sight order or payment card |
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| 22 | 22 | | information" means financial information that is: |
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| 23 | 23 | | (A) contained on either side of a check or |
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| 24 | 24 | | similar sight order, check card, debit card, or credit card; or |
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| 25 | 25 | | (B) encoded on the magnetic strip or stripe of a |
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| 26 | 26 | | check card, debit card, or credit card. |
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| 27 | 27 | | (b) A person commits an offense if the person, knowing that |
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| 28 | 28 | | the person is not entitled to obtain or possess that financial |
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| 29 | 29 | | information: |
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| 30 | 30 | | (1) obtains the financial sight order or payment card |
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| 31 | 31 | | information of another by use of an electronic, photographic, |
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| 32 | 32 | | visual imaging, recording, or other device capable of accessing, |
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| 33 | 33 | | reading, recording, capturing, copying, imaging, scanning, |
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| 34 | 34 | | reproducing, or storing in any manner the financial sight order or |
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| 35 | 35 | | payment card information; or |
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| 36 | 36 | | (2) transfers to a third party information obtained as |
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| 37 | 37 | | described by Subdivision (1). |
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| 38 | 38 | | (c) An offense under Subsection (b)(1) is a Class B |
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| 39 | 39 | | misdemeanor. An offense under Subsection (b)(2) is a Class A |
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| 40 | 40 | | misdemeanor. |
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| 41 | 41 | | (d) If conduct that constitutes an offense under this |
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| 42 | 42 | | section also constitutes an offense under any other law, the actor |
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| 43 | 43 | | may be prosecuted under this section or the other law. |
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| 44 | 44 | | SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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| 45 | 45 | | amended by adding Article 2.295 to read as follows: |
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| 46 | 46 | | Art. 2.295. REPORT REQUIRED IN CONNECTION WITH UNAUTHORIZED |
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| 47 | 47 | | ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (a) A |
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| 48 | 48 | | peace officer to whom an alleged violation of Section 31.17, Penal |
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| 49 | 49 | | Code, is reported shall make a written report to the law enforcement |
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| 50 | 50 | | agency that employs the peace officer that includes the following |
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| 51 | 51 | | information: |
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| 52 | 52 | | (1) the name of the victim; |
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| 53 | 53 | | (2) the name of the suspect, if known; |
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| 54 | 54 | | (3) the type of financial sight order or payment card |
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| 55 | 55 | | information obtained or transferred in violation of Section 31.17, |
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| 56 | 56 | | Penal Code; and |
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| 57 | 57 | | (4) the results of any investigation. |
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| 58 | 58 | | (b) On the victim's request, the law enforcement agency |
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| 59 | 59 | | shall provide the report created under Subsection (a) to the |
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| 60 | 60 | | victim. In providing the report, the law enforcement agency shall |
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| 61 | 61 | | redact any otherwise confidential information that is included in |
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| 62 | 62 | | the report, other than the information described by Subsection (a). |
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| 63 | 63 | | SECTION 3. Chapter 13, Code of Criminal Procedure, is |
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| 64 | 64 | | amended by adding Article 13.295 to read as follows: |
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| 65 | 65 | | Art. 13.295. UNAUTHORIZED ACQUISITION OR TRANSFER OF |
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| 66 | 66 | | CERTAIN FINANCIAL INFORMATION. An offense under Section 31.17, |
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| 67 | 67 | | Penal Code, may be prosecuted in any county in which the offense was |
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| 68 | 68 | | committed or in the county of residence of the person whose |
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| 69 | 69 | | financial sight order or payment card information was unlawfully |
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| 70 | 70 | | obtained or transferred. |
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| 71 | 71 | | SECTION 4. This Act takes effect September 1, 2011. |
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| 72 | 72 | | * * * * * |
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