Texas House Bill HB3852

Texas 2023 - 88th Regular

• Filed: 3/7/23
• Out of House Committee: 4/21/23
• Voted on by House: 5/2/23
• Out of Senate Committee: 5/19/23

Caption

Relating to the prosecution of the offense of fraudulent use or possession of credit card or debit card information.

Impact

The introduction of HB 3852 is anticipated to streamline prosecution processes for certain financial crimes, potentially leading to more efficient legal proceedings. This bill comes as a response to the rising incidences of credit card and debit card fraud, where perpetrators often operate across multiple counties or states. By permitting prosecutions in the victim's place of residence, the bill is intended to make it easier for victims to seek recourse and for legal entities to bring offenders to justice, thereby enhancing protections for consumers and holding offenders accountable more effectively.

Summary

House Bill 3852 focuses on the prosecution of fraudulent use or possession of credit card and debit card information. The bill aims to extend the venue flexibility already approved by the legislature for prosecuting cases related to credit and debit card skimming. This change would allow such offenses to be prosecuted not only in the county where they occurred but also in the county of residence of the victim whose card information was unlawfully accessed. This change is significant as it enhances the ability of law enforcement and prosecutors to seek justice in financial crimes affecting individuals across different jurisdictions.

Sentiment

The sentiment surrounding HB 3852 appeared to be largely supportive, as evidenced by the notable passage with 120 votes in favor against 5 opposed. Legislators and stakeholders expressed general agreement on the need to improve prosecution strategies for financial crimes, especially in a digital environment where such offenses can easily cross borders. There were indications of a bipartisan consensus on the importance of enhancing legal frameworks to combat sophisticated financial fraud and to protect consumers from potential financial losses.

Contention

While the bill passed with significant support, there may still be underlying concerns regarding its implications on civil liberties and potential overreach by law enforcement. Stakeholders might be wary of the implications of expanded prosecutorial powers across jurisdictions, fearing that it could lead to increased law enforcement actions that may not always prioritize the rights of the accused. Notably, the bill is set to take effect on September 1, 2023, establishing a new legal foundation for prosecuting cases of credit and debit card-related offenses.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 13. Venue
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 38. Evidence In Criminal Actions
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Penal Code

• Chapter 32. Fraud
  • Section: 315
  • Section: 315