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H0480................................by JUDICIARY, RULES AND ADMINISTRATION
FINANCIAL TRANSACTION CARD NUMBER - Amends existing law to provide that it
is a crime to knowingly use a financial transaction card (FTC) number to
exceed the actual balance of the demand deposit account or time deposit
account; to provide that it is a crime to knowingly use an FTC number to
willfully exceed an authorized credit line; and to provide felony criminal
penalties for certain acquisitions of an FTC or FTC number.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/01 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 59-4-7
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bolz, Bradford, Campbell, Clark, Collins, Cuddy, Deal, Denney, Ellis,
Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley,
Hammond, Harwood, Henbest, Higgins, Hornbeck, Kellogg, Kendell, Kunz,
Lake, Langford, Loertscher, Martinez, Meyer, Montgomery, Mortensen,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie,
Stevenson, Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- Bruneel, Crow, McKague, Moyle
Absent and excused -- Barrett, Callister, Jaquet, Jones, Mader,
Stone, Wood
Floor Sponsor - Sellman
Title apvd - to Senate
02/07 Senate intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Hawkins
Floor Sponsor - Lodge
Title apvd - to House
03/05 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/08 To Governor
03/11 Governor signed
Session Law Chapter 72
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 480
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL OFFENSES; AMENDING SECTION 18-3124, IDAHO CODE, TO PRO-
3 VIDE THAT IT IS A CRIME TO KNOWINGLY USE AN FTC NUMBER TO KNOWINGLY AND
4 WILLFULLY EXCEED THE ACTUAL BALANCE OF THE DEMAND DEPOSIT ACCOUNT OR TIME
5 DEPOSIT ACCOUNT OR TO USE AN FTC NUMBER TO WILLFULLY EXCEED AN AUTHORIZED
6 CREDIT LINE IN THE AMOUNT OF ONE THOUSAND DOLLARS OR MORE OR FIFTY PERCENT
7 OF THE AUTHORIZED CREDIT LINE, WHICHEVER IS GREATER; AMENDING SECTION
8 18-3125, IDAHO CODE, TO PROVIDE FELONY CRIMINAL PENALTIES FOR CERTAIN
9 ACQUISITIONS OF A FINANCIAL TRANSACTION CARD OR FINANCIAL TRANSACTION CARD
10 NUMBER; AND AMENDING SECTION 18-3128, IDAHO CODE, TO DELETE REFERENCE TO A
11 CODE SECTION FOR THE PURPOSE OF IMPOSING MISDEMEANOR PENALTIES.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 18-3124, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 18-3124. FRAUDULENT USE OF A FINANCIAL TRANSACTION CARD OR NUMBER. It is
16 a violation of the provisions of this section for any person with the intent
17 to defraud:
18 (1) To knowingly obtain or attempt to obtain credit or to purchase or
19 attempt to purchase any goods, property, or service, by the use of any false,
20 fictitious, counterfeit, revoked, expired or fraudulently obtained FTC, by any
21 FTC account number, or by the use of any FTC issued;
22 (2) To use an FTC or FTC number to knowingly and willfully exceed the
23 actual balance of the demand deposit account or time deposit account;
24 (3) To use an FTC or FTC number to willfully exceed an authorized credit
25 line in the amount of one thousand dollars ($1,000) or more, or fifty percent
26 (50%) of such authorized credit line, whichever is greater;
27 (4) To willfully deposit into his account or any other account by means
28 of an automatic banking device, any false, forged, fictitious, altered or
29 counterfeit check draft, money order, or any other such document;
30 (5) To make application for an FTC to an issuer, while knowingly making
31 or causing to be made a false statement or report relative to his name, occu-
32 pation, financial condition, assets, or to willfully and substantially
33 undervalue any indebtedness for the purposes of influencing the issuer to
34 issue an FTC;
35 (6) To knowingly sell or attempt to sell credit card sales drafts to an
36 authorized credit card merchant or any other person or organization, for any
37 consideration whether at a discount or otherwise, or present or cause to be
38 presented to the issuer or an authorized credit card merchant, for payment or
39 collection, any credit card sales draft, or purchase or attempt to purchase
40 any credit card sales draft for presentation to the issuer or an authorized
41 credit card merchant for payment or collection if:
42 (a) Such draft is counterfeit or fictitious;
43 (b) The purported sale evidenced by such credit card sales draft did not
2
1 take place;
2 (c) The purported sale was not authorized by the card holder;
3 (d) The items or services purported to be sold as evidenced by such
4 credit card sales draft are not delivered or rendered to the card holder
5 or person intended to receive them; or
6 (e) If purportedly delivered or rendered, such goods or services are of
7 materially lesser value or quality from that intended by the purchaser, or
8 are materially different from goods or services represented by the seller
9 or his agent to the purchaser, or have substantial discrepancies from
10 goods or services impliedly represented by the purchase price when com-
11 pared with the actual goods or services purportedly delivered or rendered.
12 (7) To knowingly keep or maintain in any manner carbon or other impres-
13 sions or copies of credit card sales drafts, and to use such impressions or
14 copies for the purpose of creating any fictitious or counterfeit credit sales
15 draft, or to engage in any other activity prohibited in this section.
16 SECTION 2. That Section 18-3125, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 18-3125. CRIMINAL POSSESSION OF FINANCIAL TRANSACTION CARD, FINANCIAL
19 TRANSACTION NUMBER AND FTC FORGERY DEVICES. It is unlawful a felony punish-
20 able as provided in subsection (3) of section 18-3128, Idaho Code, for any
21 person:
22 (1) To acquire an FTC or FTC number from another without the consent of
23 the card holder or the issuer, or to, with the knowledge that it has been so
24 acquired, receive an FTC or FTC number with the intent to use to defraud, or
25 to sell, or to transfer the FTC or FTC number to another person with the
26 knowledge that it is to be used to defraud;
27 (2) To acquire an FTC or FTC number that he knows to have been lost,
28 mislaid, or delivered under a mistake as to the identity or address of the
29 card holder, and to retain possession with the intent to use to defraud or to
30 sell or transfer to another person with the knowledge that it is to be used to
31 defraud.
32 SECTION 3. That Section 18-3128, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 18-3128. PENALTY FOR VIOLATION. (1) Any person found guilty of a viola-
35 tion of section 18-3124, 18-3125, 18-3125A, 18-3126 or 18-3127, Idaho Code, is
36 guilty of a misdemeanor. In the event that the retail value of the goods
37 obtained or attempted to be obtained through any violation of the provisions
38 of section 18-3124, 18-3125A, 18-3126 or 18-3127, Idaho Code, exceeds three
39 hundred dollars ($300), any such violation will constitute a felony, and will
40 be punished as provided in this section.
41 (2) For purposes of this section, the punishment for a misdemeanor shall
42 be a fine of up to one thousand dollars ($1,000) or up to one (1) year in the
43 county jail, or both such fine and imprisonment.
44 (3) For purposes of this section, the punishment for a felony shall be a
45 fine of up to fifty thousand dollars ($50,000) or imprisonment in the state
46 prison not exceeding five (5) years, or both such fine and imprisonment.
STATEMENT OF PURPOSE
RS 11585C1
Idaho law currently criminalizes the use of financial transaction
cards in such cases where a person fraudulently and intentionally
uses a financial transaction card (FTC) to steal money or
otherwise gain an illegal advantage from a financial institution
or other person. In the modern era, persons are able to use
financial transaction card numbers to commit the same criminal
activities without the actual use of the card.
This bill clarifies the law so that persons who use financial
transaction card numbers can be prosecuted just as persons who
use the actual card. In addition, it is currently a felony in
all cases to steal or otherwise fraudulently obtain credit cards,
but it can be a misdemeanor to steal or otherwise fraudulently
acquire FTC cards or FTC numbers. This bill is designed to make
such conduct a felony.
FISCAL IMPACT
There is no direct fiscal impact on the general fund.
Contact
Name: Idaho Sheriff's Assn., Michael Kane
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE H 480