The bill lets prosecutors bring a case for fraudulent use or possession of credit or debit card information in the county where the victim lives, not just where the conduct happened. It also adds that offense to an existing evidence rule in Article 38.19 that already covers forgery, card abuse and identity information offenses. Card-fraud victims and defendants are affected, and starting September 1, 2025, cases can be tried closer to the victim under the same trial rule used for related fraud offenses.
Labels
Labels: DO-OVER. Reworked text of a bill filed before that died: 88R SB 2307 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.
relating to the prosecution of the offense of fraudulent use or
possession of credit card or debit card information.
WHAT IT DOES
Not just where the conduct happened.
The bill lets prosecutors bring a case for fraudulent use or possession of credit or debit card information in the county where the victim lives, not just where the conduct happened. It also adds that offense to an existing evidence rule in Article 38.19 that already covers forgery, card abuse and identity information offenses. Card-fraud victims and defendants are affected, and starting September 1, 2025, cases can be tried closer to the victim under the same trial rule used for related fraud offenses.
89R1102 MZM-D
By: Zaffirini
S.B. No. 807
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of fraudulent use or
possession of credit card or debit card information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 13A, Code of Criminal
Procedure, is amended by adding Article 13A.2551 to read as
follows:
Art. 13A.2551. FRAUDULENT USE OR POSSESSION OF CREDIT CARD
OR DEBIT CARD INFORMATION. An offense under Section 32.315, Penal
Code, may be prosecuted in any county in which the offense was
committed or in the county of residence for any person whose credit
card or debit card information was unlawfully obtained, possessed,
transferred, or used by the defendant.
SECTION 2. Article 38.19(a), Code of Criminal Procedure, is
amended to read as follows:
(a) This article applies to the trial of an offense under
any of the following sections of the Penal Code:
(1) Section 32.21 (Forgery);
(2) Section 32.31 (Credit Card or Debit Card Abuse);
[ or ]
(3) Section 32.51 (Fraudulent Use or Possession of
Identifying Information) ; or
(4) Section 32.315 (Fraudulent Use or Possession of
Credit Card or Debit Card Information) .
SECTION 3. The changes in law made by this Act apply only to
a criminal proceeding that commences on or after the effective date
of this Act. A criminal proceeding that commenced before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.