78R6348 KCR-D

By:  Keel                                                         H.B. No. 1429



A BILL TO BE ENTITLED

AN ACT

relating to the investigation, prosecution, and punishment of 
identity theft and to the rights of victims of identity theft.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  (a)  Chapter 2, Code of Criminal Procedure, is 
amended by adding Article 2.28 to read as follows:
	Art. 2.28.  REPORT REQUIRED IN CONNECTION WITH FRAUDULENT 
USE OR POSSESSION OF IDENTIFYING INFORMATION.  (a)  A peace officer 
who investigates an alleged violation of Section 32.51, Penal Code, 
shall make a written report that includes the following 
information:
		(1)  the name of the victim;                                           
		(2)  the name of the suspect, if known;                                
		(3)  the type of identifying information obtained, 
possessed, transferred, or used in violation of Section 32.51; and
		(4)  the results of the investigation.                                 
	(b)  On the victim's request, the peace officer shall provide 
the report created under Subsection (a) to the victim.  In providing 
the report, the peace officer shall redact any otherwise 
confidential information that is included in the report, other than 
the information described by Subsection (a).
	(b)  The change in law made by this section applies only to 
the investigation of an offense committed on or after September 1, 
2003.  The investigation of an offense committed before September 
1, 2003, is covered by the law in effect when the offense was 
committed, and the former law is continued in effect for that 
purpose.  For purposes of this subsection, an offense is committed 
before September 1, 2003, if any element of the offense occurs 
before that date.
	SECTION 2.  (a)  Chapter 13, Code of Criminal Procedure, is 
amended by adding Article 13.28 to read as follows:
	Art. 13.28.  FRAUDULENT USE OR POSSESSION OF IDENTIFYING 
INFORMATION.  An offense under Section 32.51, Penal Code, may be 
prosecuted in:
		(1)  any county in which the offense was committed; or                 
		(2)  the county of residence for the person whose 
identifying information was fraudulently obtained, possessed, 
transferred, or used.
	(b)  The change in law made by this section applies only to 
the prosecution of an offense commenced by the filing of an 
indictment or information on or after September 1, 2003.  A 
prosecution commenced before September 1, 2003, is controlled by 
the law in effect at the time the prosecution was commenced, and the 
former law is continued in effect for that purpose.
	SECTION 3.  Subdivision (3), Article 56.01, Code of Criminal 
Procedure, is amended to read as follows:
		(3)  "Victim" means a person:                                          
			(A)  who is the victim of sexual assault, 
kidnapping, [or] aggravated robbery, or fraudulent use or 
possession of identifying information; or
			(B)  who has suffered bodily injury or death as a 
result of the criminal conduct of another.
	SECTION 4.  (a) Section 32.51(a)(1), Penal Code, is amended 
to read as follows:
		(1)  "Identifying information" means information that 
alone or in conjunction with other information identifies an 
individual, living or dead, including an individual's:
			(A)  name, social security number, date of birth, 
and government-issued identification number;
			(B)  unique biometric data, including the 
individual's fingerprint, voice print, and retina or iris image;
			(C)  unique electronic identification number, 
address, and routing code; and
			(D)  telecommunication identifying information or 
access device.           
	(b)  Section 32.51, Penal Code, is amended by amending 
Subsection (d) and adding Subsection (f) to read as follows:
	(d)  If a court orders a defendant convicted of an offense 
under this section to make restitution to the victim of the offense, 
the court may order the defendant to reimburse the victim for lost 
income or other expenses, including [other than] attorney's fees, 
incurred as a result of the offense.
	(f)  For the purposes of this section, intent to harm or 
defraud another is presumed if the actor obtains, possesses, 
transfers, or uses the identifying information of three or more 
individuals, living or dead, without the consent of those 
individuals.
	(c)  The change in law made by this section applies only to an 
offense committed on or after September 1, 2003.  An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For the purposes of this subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense was committed before that date.
	SECTION 5.  This Act takes effect September 1, 2003.