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AN ACT
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relating to the offense of fraudulent use or possession of a |
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person's identifying information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.51(a)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Identifying information" means information that |
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alone or in conjunction with other information identifies a person |
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[an individual], including a person's [an individual's]: |
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(A) name and[,] social security number, date of |
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birth, or [and] government-issued identification number; |
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(B) unique biometric data, including the |
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person's [individual's] fingerprint, voice print, or [and] retina |
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or iris image; |
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(C) unique electronic identification number, |
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address, [and] routing code, or financial institution account |
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number; and |
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(D) telecommunication identifying information or |
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access device. |
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SECTION 2. Sections 32.51(b), (c), and (e), Penal Code, are |
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amended to read as follows: |
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(b) A person commits an offense if the person, with the |
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intent to harm or defraud another, obtains, possesses, transfers, |
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or uses an item of identifying information of: |
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(1) a deceased natural person, including a stillborn |
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infant or fetus, without legal authorization; or |
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(2) another person without the other person's consent |
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[and with intent to harm or defraud another]. |
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(c) An offense under this section is: |
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(1) a state jail felony if the number of items |
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obtained, possessed, transferred, or used is less than five; |
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(2) a felony of the third degree if the number of items |
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obtained, possessed, transferred, or used is five or more but less |
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than 10; |
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(3) a felony of the second degree if the number of |
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items obtained, possessed, transferred, or used is 10 or more but |
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less than 50; or |
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(4) a felony of the first degree if the number of items |
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obtained, possessed, transferred, or used is 50 or more. |
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(e) 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, or both. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 4. This Act takes effect September 1, 2007. |
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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. 460 was passed by the House on April |
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17, 2007, by the following vote: Yeas 137, Nays 2, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 460 on May 25, 2007, by the following vote: Yeas 136, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 460 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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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 |