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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of fraudulent use or possession of a |
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person's identifying information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.51(a)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Identifying information" means information that |
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alone or in conjunction with other information identifies an |
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individual, including an individual's: |
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(A) name and[,] social security number, date of |
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birth, or [and] government-issued identification number; |
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(B) unique biometric data, including the |
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individual's fingerprint, voice print, or [and] retina or iris |
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image; |
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(C) unique electronic identification number, |
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address, [and] routing code, or financial institution account |
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number; and |
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(D) telecommunication identifying information or |
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access device. |
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SECTION 2. Sections 32.51(b) and (c), Penal Code, are |
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amended to read as follows: |
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(b) A person commits an offense if the person, with the |
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intent to harm or defraud another, obtains, possesses, transfers, |
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or uses identifying information of: |
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(1) a deceased natural person, including a stillborn |
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infant or fetus, without legal authorization; or |
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(2) another person without the other person's consent |
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[and with intent to harm or defraud another]. |
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(c) An offense under Subsection (b)(1) is a felony of the |
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third degree, and an offense under Subsection (b)(2) [this section] |
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is a state jail felony. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007 |
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. |