| 1 | 1 | | By: Perez (Senate Sponsor - Zaffirini) H.B. No. 3852 |
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| 2 | 2 | | (In the Senate - Received from the House May 3, 2023; |
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| 3 | 3 | | May 4, 2023, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 19, 2023, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 7, Nays 0; May 19, 2023, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | COMMITTEE VOTE |
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| 10 | 10 | | YeaNayAbsentPNV |
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| 11 | 11 | | WhitmireX |
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| 12 | 12 | | FloresX |
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| 13 | 13 | | BettencourtX |
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| 14 | 14 | | HinojosaX |
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| 15 | 15 | | HuffmanX |
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| 16 | 16 | | KingX |
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| 17 | 17 | | MilesX |
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| 18 | 18 | | A BILL TO BE ENTITLED |
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| 19 | 19 | | AN ACT |
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| 20 | 20 | | relating to the prosecution of the offense of fraudulent use or |
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| 21 | 21 | | possession of credit card or debit card information. |
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| 22 | 22 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 23 | 23 | | SECTION 1. Chapter 13, Code of Criminal Procedure, is |
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| 24 | 24 | | amended by adding Article 13.292 to read as follows: |
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| 25 | 25 | | Art. 13.292. FRAUDULENT USE OR POSSESSION OF CREDIT CARD OR |
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| 26 | 26 | | DEBIT CARD INFORMATION. An offense under Section 32.315, Penal |
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| 27 | 27 | | Code, may be prosecuted in any county in which the offense was |
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| 28 | 28 | | committed or in the county of residence for any person whose credit |
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| 29 | 29 | | card or debit card information was unlawfully obtained, possessed, |
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| 30 | 30 | | transferred, or used by the defendant. |
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| 31 | 31 | | SECTION 2. Article 38.19(a), Code of Criminal Procedure, is |
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| 32 | 32 | | amended to read as follows: |
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| 33 | 33 | | (a) This article applies to the trial of an offense under |
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| 34 | 34 | | any of the following sections of the Penal Code: |
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| 35 | 35 | | (1) Section 32.21 (Forgery); |
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| 36 | 36 | | (2) Section 32.31 (Credit Card or Debit Card Abuse); |
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| 37 | 37 | | [or] |
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| 38 | 38 | | (3) Section 32.51 (Fraudulent Use or Possession of |
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| 39 | 39 | | Identifying Information); or |
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| 40 | 40 | | (4) Section 32.315 (Fraudulent Use or Possession of |
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| 41 | 41 | | Credit Card or Debit Card Information). |
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| 42 | 42 | | SECTION 3. The changes in law made by this Act apply only to |
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| 43 | 43 | | a criminal proceeding that commences on or after the effective date |
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| 44 | 44 | | of this Act. A criminal proceeding that commenced before the |
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| 45 | 45 | | effective date of this Act is governed by the law in effect on the |
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| 46 | 46 | | date the proceeding commenced, and the former law is continued in |
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| 47 | 47 | | effect for that purpose. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 49 | 49 | | * * * * * |
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