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AN ACT
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relating to the creation of the offense of unauthorized acquisition |
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or transfer of certain financial information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 31, Penal Code, is amended by adding |
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Section 31.17 to read as follows: |
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Sec. 31.17. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN |
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FINANCIAL INFORMATION. (a) In this section: |
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(1) "Check" has the meaning assigned by Section 3.104, |
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Business & Commerce Code. |
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(2) "Credit card" and "debit card" have the meanings |
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assigned by Section 32.31. |
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(3) "Financial sight order or payment card |
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information" means financial information that is: |
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(A) contained on either side of a check or |
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similar sight order, check card, debit card, or credit card; or |
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(B) encoded on the magnetic strip or stripe of a |
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check card, debit card, or credit card. |
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(b) A person commits an offense if the person, knowing that |
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the person is not entitled to obtain or possess that financial |
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information: |
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(1) obtains the financial sight order or payment card |
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information of another by use of an electronic, photographic, |
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visual imaging, recording, or other device capable of accessing, |
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reading, recording, capturing, copying, imaging, scanning, |
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reproducing, or storing in any manner the financial sight order or |
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payment card information; or |
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(2) transfers to a third party information obtained as |
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described by Subdivision (1). |
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(c) An offense under Subsection (b)(1) is a Class B |
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misdemeanor. An offense under Subsection (b)(2) is a Class A |
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misdemeanor. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section or the other law. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.295 to read as follows: |
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Art. 2.295. REPORT REQUIRED IN CONNECTION WITH UNAUTHORIZED |
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ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (a) A |
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peace officer to whom an alleged violation of Section 31.17, Penal |
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Code, is reported shall make a written report to the law enforcement |
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agency that employs the peace officer that includes the following |
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information: |
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(1) the name of the victim; |
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(2) the name of the suspect, if known; |
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(3) the type of financial sight order or payment card |
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information obtained or transferred in violation of Section 31.17, |
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Penal Code; and |
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(4) the results of any investigation. |
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(b) On the victim's request, the law enforcement agency |
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shall provide the report created under Subsection (a) to the |
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victim. In providing the report, the law enforcement agency shall |
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redact any otherwise confidential information that is included in |
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the report, other than the information described by Subsection (a). |
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SECTION 3. Chapter 13, Code of Criminal Procedure, is |
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amended by adding Article 13.295 to read as follows: |
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Art. 13.295. UNAUTHORIZED ACQUISITION OR TRANSFER OF |
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CERTAIN FINANCIAL INFORMATION. An offense under Section 31.17, |
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Penal Code, may be prosecuted in any county in which the offense was |
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committed or in the county of residence of the person whose |
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financial sight order or payment card information was unlawfully |
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obtained or transferred. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1215 was passed by the House on April |
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13, 2011, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1215 was passed by the Senate on May |
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19, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |