SRC-SLL, PNG  S.B. 46 76(R)BILL ANALYSIS


Senate Research CenterS.B. 46
By: Carona
Criminal Justice
8/5/1999
Enrolled


DIGEST 

Currently, under Texas law credit card fraud and forgery are criminal
offenses, but the behavior leading up to the fraud is not a criminal
offense.  This bill will create a criminal offense for the fraudulent use
or possession of identifying information. 

PURPOSE

As enrolled, S.B. 46 creates a state jail felony for the fraudulent use or
possession of identifying information.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 32D, Penal Code, by adding Section 32.51, as
follows: 

Sec. 32.51.  FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.
Defines "identifying information" and "telecommunication access device."
Creates a state jail felony offense if a person obtains, possesses,
transfers, or uses identifying information of another person without the
other person's consent and with intent to harm or defraud another.
Authorizes a court to include in restitution to a victim any lost income or
other expense, other than attorney's fees, incurred as a result of the
offense. Authorizes the prosecution of an offender under this section or
any other applicable law. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.