86R13885 ADM-F
By: Hughes S.B. No. 909
A BILL TO BE ENTITLED
AN ACT
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 [IN
FORGERY]. (a) This article applies to the trial of an offense under
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 [trials] of an offense to which this
article applies [forgery], the attorney representing the state is
not required to prove [it need not be proved] that the defendant
committed the act with intent to defraud any particular person. It
is [shall be] sufficient to prove that the offense [forgery] was, in
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 [forgery] in the Penal Code.
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 [telecommunication identifying
information or] access device information; and
(E) social security number or other
government-issued identification number.
(2) "Account [Telecommunication] access device" means
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 [telecommunication] access device may be used
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.