Texas 2019 - 86th Regular

Texas Senate Bill SB909 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13885 ADM-F
2	2	By: Hughes S.B. No. 909
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of certain criminal offenses involving
8	8	fraud.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 13, Code of Criminal Procedure, is
11	11	amended by adding Article 13.291 to read as follows:
12	12	Art. 13.291. CREDIT CARD OR DEBIT CARD ABUSE. An offense
13	13	under Section 32.31, Penal Code, may be prosecuted in any county in
14	14	which the offense was committed or in the county of residence for
15	15	any person whose credit card or debit card was unlawfully possessed
16	16	or used by the defendant.
17	17	SECTION 2. Article 38.19, Code of Criminal Procedure, is
18	18	amended to read as follows:
19	19	Art. 38.19. INTENT TO DEFRAUD: CERTAIN OFFENSES [IN
20	20	FORGERY]. (a) This article applies to the trial of an offense under
21	21	any of the following sections of the Penal Code:
22	22	(1) Section 32.21 (Forgery);
23	23	(2) Section 32.31 (Credit Card or Debit Card Abuse);
24	24	or
25	25	(3) Section 32.51 (Fraudulent Use or Possession of
26	26	Identifying Information).
27	27	(b) In the trial [trials] of an offense to which this
28	28	article applies [forgery], the attorney representing the state is
29	29	not required to prove [it need not be proved] that the defendant
30	30	committed the act with intent to defraud any particular person. It
31	31	is [shall be] sufficient to prove that the offense [forgery] was, in
32	32	its nature, calculated to injure or defraud any of the
33	33	sovereignties, bodies corporate or politic, officers or persons,
34	34	named in the definition of the offense [forgery] in the Penal Code.
35	35	SECTION 3. Chapter 38, Code of Criminal Procedure, is
36	36	amended by adding Article 38.391 to read as follows:
37	37	Art. 38.391. EVIDENCE IN PROSECUTION OF FRAUDULENT USE OR
38	38	POSSESSION OF IDENTIFYING INFORMATION. In a prosecution of an
39	39	offense under Section 32.51, Penal Code, in which the defendant is
40	40	alleged to have possessed the identifying information of more than
41	41	one person, the attorney representing the state is not required to
42	42	prove by direct evidence that each person did not consent to the
43	43	defendant's conduct. It is sufficient if the lack of consent is
44	44	proven by either direct or circumstantial evidence.
45	45	SECTION 4. Section 32.31(a), Penal Code, is amended by
46	46	adding Subdivisions (8) and (9) to read as follows:
47	47	(8) "Counterfeit credit card or debit card" means a
48	48	credit card or debit card that:
49	49	(A) contains a digital imprint with account
50	50	information or account holder information differing from that which
51	51	is printed or embossed on the card; or
52	52	(B) has been altered to change the account
53	53	information or account holder information on the face of the card
54	54	from that which was printed or embossed on the card by the issuer.
55	55	(9) "Digital imprint" means the digital data placed on
56	56	a credit card or debit card by the issuer.
57	57	SECTION 5. Section 32.31, Penal Code, is amended by adding
58	58	Subsection (b-1) to read as follows:
59	59	(b-1) A person commits an offense if the person knowingly
60	60	possesses, uses, transfers, or receives a counterfeit credit card
61	61	or debit card.
62	62	SECTION 6. Section 32.51(a), Penal Code, is amended to read
63	63	as follows:
64	64	(a) In this section:
65	65	(1) "Identifying information" means information that
66	66	alone or in conjunction with other information identifies a person,
67	67	including a person's:
68	68	(A) name and date of birth;
69	69	(B) unique biometric data, including the
70	70	person's fingerprint, voice print, or retina or iris image;
71	71	(C) unique electronic identification number,
72	72	address, routing code, or financial institution account number;
73	73	(D) account [telecommunication identifying
74	74	information or] access device information; and
75	75	(E) social security number or other
76	76	government-issued identification number.
77	77	(2) "Account [Telecommunication] access device" means
78	78	a card, plate, code, account number, personal identification
79	79	number, electronic serial number, mobile identification number, or
80	80	other telecommunications service, equipment, or instrument
81	81	identifier or means of account access that alone or in conjunction
82	82	with another account [telecommunication] access device may be used
83	83	to:
84	84	(A) obtain money, goods, services, or other thing
85	85	of value; or
86	86	(B) initiate a transfer of funds other than a
87	87	transfer originated solely by paper instrument.
88	88	SECTION 7. The changes in law made by this Act in amending
89	89	Article 38.19, Code of Criminal Procedure, and adding Articles
90	90	13.291 and 38.391, Code of Criminal Procedure, apply only to a
91	91	criminal proceeding that commences on or after the effective date
92	92	of this Act. A criminal proceeding that commenced before the
93	93	effective date of this Act is governed by the law in effect on the
94	94	date the proceeding commenced, and the former law is continued in
95	95	effect for that purpose.
96	96	SECTION 8. The change in law made by this Act to Section
97	97	32.51(a), Penal Code, applies only to an offense committed on or
98	98	after the effective date of this Act. An offense committed before
99	99	the effective date of this Act is governed by the law in effect on
100	100	the date the offense was committed, and the former law is continued
101	101	in effect for that purpose. For purposes of this section, an
102	102	offense was committed before the effective date of this Act if any
103	103	element of the offense occurred before that date.
104	104	SECTION 9. This Act takes effect September 1, 2019.