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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of the offense of |
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fraudulent use or 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(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, social security number, date of birth, |
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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, and retina or |
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iris image; |
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(C) unique electronic identification number, |
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address, and routing code, financial institution account number; |
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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 obtains, |
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possesses, transfers, or uses an item of identifying information of |
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another person without the other person's consent and with intent |
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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. |