BILL ANALYSIS
By: Giddings
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Currently, the statute of limitations for identity theft crime is three years. However, sometimes it can take a victim longer than three years to discover an identity theft. It can also take law enforcement a substantial amount of time to find the person committing identity theft after the crime has been reported.
C.S.H.B. 887 increases the statute of limitations for credit card or debit card abuse, false statement to obtain property or credit, and fraudulent use or possession of identifying information to seven years.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 887 amends the Code of Criminal Procedure by adding credit card or debit card abuse under Section 32.31, Penal Code; false statement to obtain property or credit under Section 32.32, Penal Code; and fraudulent use or possession of identifying information under Section 32.51, Penal Code, to the list of offenses with a statute of limitations of seven years from the date of the commission of the offense.
This change in law made by this Act does not apply to an offense if the prosecution of that offense became barred by limitation before the effective date of this Act.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 887 differs from the original by making the statute of limitations for credit card or debit card abuse and fraudulent use or possession of identifying information seven years rather than five years. The substitute adds a provision making the statute of limitations for false statement to obtain property or credit seven years.