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.