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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of fraudulent use or |
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possession of 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, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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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: |
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(1) identifying information of another person without |
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the other person's consent; or |
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(2) without legal authorization, information |
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concerning a deceased person that would be identifying information |
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of that person were that person alive [and with intent to harm or
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defraud another]. |
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(b-1) For the purposes of Subsection (b), the actor is |
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presumed to have the intent to harm or defraud another if the actor |
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possesses: |
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(1) the identifying information of three or more other |
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persons; |
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(2) information described by Subsection (b)(2) |
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concerning three or more deceased persons; or |
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(3) information described by Subdivision (1) or (2) |
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concerning three or more persons or deceased persons. |
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SECTION 2. This Act applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is covered by the law in |
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effect at the time the offense was committed, and the former law is |
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continued in effect for that purpose. For the purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |