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H0064................................by JUDICIARY, RULES AND ADMINISTRATION
FINANCIAL TRANSACTION CARDS - FRAUD - Amends existing law relating to
crimes to revise the definition of "personal identifying information"; to
revise provisions relating to the fraudulent use of a financial transaction
card or number; to prohibit certain actions relating to a financial
transaction card or financial transaction card account number; and to
reference code sections for purposes of penalties.
01/26 House intro - 1st rdg - to printing
01/29 Rpt prt - to Jud
02/02 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/06 3rd rdg - PASSED - 70-0-0
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Luker
Title apvd - to Senate
02/07 Senate intro - 1st rdg - to Jud
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Richardson
Title apvd - to House
02/20 To enrol
02/21 Rpt enrol - Sp signed
02/22 Pres signed
02/23 To Governor
02/23 Governor signed
Session Law Chapter 33
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 64
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMES; AMENDING SECTION 18-3122, IDAHO CODE, TO REVISE THE DEFI-
3 NITION OF "PERSONAL IDENTIFYING INFORMATION"; AMENDING SECTION 18-3124,
4 IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE FRAUDULENT USE OF A
5 FINANCIAL TRANSACTION CARD OR NUMBER; AMENDING SECTION 18-3125, IDAHO
6 CODE, TO PROHIBIT CERTAIN ACTIONS RELATING TO A FINANCIAL TRANSACTION CARD
7 OR FINANCIAL TRANSACTION CARD ACCOUNT NUMBER; AND AMENDING SECTION
8 18-3128, IDAHO CODE, TO REFERENCE CODE SECTIONS FOR PURPOSES OF PENALTIES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-3122, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-3122. DEFINITIONS. The following words and phrases used in this chap-
13 ter mean:
14 (1) "Authorized credit card merchant" means a person or organization who
15 is authorized by an issuer to furnish money, goods, services or anything of
16 value upon presentation of a financial transaction card or a financial trans-
17 action card account number by a card holder, and to present valid credit card
18 sales drafts to the issuer for payment.
19 (2) "Automated banking device" means any machine which, when properly
20 activated by a financial transaction card and/or a personal identification
21 code, may be used for any of the purposes for which a financial transaction
22 card may be used.
23 (3) "Card holder" means any person or organization named on the face of a
24 financial transaction card to whom, or for whose benefit, a financial transac-
25 tion card is issued by an issuer.
26 (4) "Credit card sales draft" means:
27 (a) Any sales slip, draft, voucher or other written or electronic record
28 of a sale of goods, services or anything else of value made or purported
29 to be made to or at the request of a card holder with a financial transac-
30 tion card, financial transaction card account number or personal identifi-
31 cation code; or
32 (b) Any evidence, however manifested, of any right or purported right to
33 collect from a card holder funds due or purported to be due with respect
34 to any sale or purported sale.
35 (5) "Expired financial transaction card" means any financial transaction
36 card which is no longer valid because the terms agreed to have been cancelled
37 or have elapsed.
38 (6) "Financial transaction card" or "FTC" means any instrument or device
39 known as a credit card, credit plate, bank services card, banking card, check
40 guarantee card, debit card, telephone credit card or by any other name issued
41 by the issuer for the use of the card holder in obtaining money, goods, ser-
42 vices, or anything else of value on credit, or in certifying or guaranteeing
43 to a person or business the availability to the card holder of the funds on
2
1 deposit that are equal to or greater than the amount necessary to honor a
2 draft or check payable to the order of such a person or business; or any
3 instrument or device used in providing the card holder access to a demand
4 deposit account or a time deposit account for the purpose of making deposits
5 of money or checks therein, or withdrawing funds in the form of money, money
6 orders, or traveler's checks or other representative of value therefrom or
7 transferring funds from any demand account or time deposit account to any
8 credit card account in full or partial satisfaction of any outstanding balance
9 existing therein.
10 (7) "Financial transaction card account number" means the account number
11 assigned by an issuer to a financial transaction card to identify and account
12 for transactions involving that financial transaction card.
13 (8) "Issuer" means a business organization or financial institution or
14 its duly authorized agent which issues a financial transaction card.
15 (9) "Personal identification code" means any numerical and/or alphabeti-
16 cal code assigned to the card holder of a financial transaction card by the
17 issuer to permit the authorized electronic use of that FTC.
18 (10) "Personal identifying information" means the name, address, telephone
19 number, driver's license number, social security number, place of employment,
20 employee identification number, mother's maiden name, checking account number,
21 savings account number, financial transaction card number, or personal identi-
22 fication code of an individual person, or any other numbers or information
23 which can be used to access a person's financial resources.
24 (11) "Revoked financial transaction card" means an FTC which is no longer
25 valid because permission to use it has been suspended or terminated by the
26 issuer with actual notice having been made upon the card holder.
27 SECTION 2. That Section 18-3124, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 18-3124. FRAUDULENT USE OF A FINANCIAL TRANSACTION CARD OR NUMBER. It is
30 a violation of the provisions of this section for any person with the intent
31 to defraud:
32 (1) To knowingly obtain or attempt to obtain credit or to purchase or
33 attempt to purchase any goods, property, or service, by the use of any false,
34 fictitious, counterfeit, revoked, expired or fraudulently obtained FTC, by any
35 FTC account number, or by the use of any FTC issued;
36 (2) To use an FTC or FTC number to knowingly and willfully exceed the
37 actual balance of the demand deposit account or time deposit account;
38 (32) To use an FTC or FTC number to willfully exceed an authorized credit
39 line in the amount of one thousand dollars ($1,000) or more, or fifty percent
40 (50%) of such authorized credit line, whichever is greater;
41 (43) To willfully deposit into his account or any other account by means
42 of an automatic banking device, any false, forged, fictitious, altered or
43 counterfeit check draft, money order, or any other such document;
44 (5) To make application for an FTC to an issuer, while knowingly making
45 or causing to be made a false statement or report relative to his name, occu-
46 pation, financial condition, assets, or to willfully and substantially
47 undervalue any indebtedness for the purposes of influencing the issuer to
48 issue an FTC;
49 (64) To knowingly sell or attempt to sell credit card sales drafts to an
50 authorized credit card merchant or any other person or organization, for any
51 consideration whether at a discount or otherwise, or present or cause to be
52 presented to the issuer or an authorized credit card merchant, for payment or
53 collection, any credit card sales draft, or purchase or attempt to purchase
3
1 any credit card sales draft for presentation to the issuer or an authorized
2 credit card merchant for payment or collection if:
3 (a) Such draft is counterfeit or fictitious;
4 (b) The purported sale evidenced by such credit card sales draft did not
5 take place;
6 (c) The purported sale was not authorized by the card holder;
7 (d) The items or services purported to be sold as evidenced by such
8 credit card sales draft are not delivered or rendered to the card holder
9 or person intended to receive them; or
10 (e) If purportedly delivered or rendered, such goods or services are of
11 materially lesser value or quality from that intended by the purchaser, or
12 are materially different from goods or services represented by the seller
13 or his agent to the purchaser, or have substantial discrepancies from
14 goods or services impliedly represented by the purchase price when com-
15 pared with the actual goods or services purportedly delivered or rendered.
16 (75) To knowingly keep or maintain in any manner carbon or other impres-
17 sions or copies of credit card sales drafts, and to use such impressions or
18 copies for the purpose of creating any fictitious or counterfeit credit sales
19 draft, or to engage in any other activity prohibited in this section.
20 SECTION 3. That Section 18-3125, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 18-3125. CRIMINAL POSSESSION OF FINANCIAL TRANSACTION CARD, FINANCIAL
23 TRANSACTION NUMBER AND FTC FORGERY DEVICES. It is a felony punishable as pro-
24 vided in subsection (3) of section 18-3128, Idaho Code, for any person:
25 (1) To acquire an FTC or FTC number from another without the consent of
26 the card holder or the issuer, or to, with the knowledge that it has been so
27 acquired, receive an FTC or FTC number with the intent to use to defraud, or
28 to sell, or to transfer the FTC or FTC number to another person with the
29 knowledge that it is to be used to defraud;
30 (2) To acquire an FTC or FTC number that he knows to have been lost,
31 mislaid, or delivered under a mistake as to the identity or address of the
32 card holder, and to retain possession with the intent to use to defraud or to
33 sell or transfer to another person with the knowledge that it is to be used to
34 defraud;
35 (3) To, with the intent to defraud, knowingly possess a false, ficti-
36 tious, counterfeit, revoked, expired or fraudulently obtained FTC or any FTC
37 account number;
38 (4) To, with the intent to defraud, knowingly obtain or attempt to obtain
39 credit or purchase or attempt to purchase any goods, property or service, by
40 use of any false, fictitious, counterfeit, revoked, expired or fraudulently
41 obtained FTC or FTC account number;
42 (5) To, with the intent to defraud, knowingly produce to another person
43 or procure, a false, fictitious, counterfeit, revoked, expired or fraudulently
44 obtained FTC or any FTC account number;
45 (6) To, with the intent to defraud and while making an application for an
46 FTC to an issuer, knowingly make or cause to be made, a false written or oral
47 statement or representation respecting his name, personal identifying informa-
48 tion, occupation, financial condition, assets, or to materially undervalue any
49 indebtedness for the purpose of influencing the issuer to issue an FTC.
50 SECTION 4. That Section 18-3128, Idaho Code, be, and the same is hereby
51 amended to read as follows:
4
1 18-3128. PENALTY FOR VIOLATION. (1) Any person found guilty of a viola-
2 tion of section 18-3124, 18-3125A, 18-3126 or 18-3127, Idaho Code, is guilty
3 of a misdemeanor. In the event that the retail value of the goods obtained or
4 attempted to be obtained through any violation of the provisions of section
5 18-3124, 18-3125A, 18-3126 or 18-3127, Idaho Code, exceeds three hundred dol-
6 lars ($300), any such violation will constitute a felony, and will be punished
7 as provided in this section. Any person found guilty of a violation of section
8 18-3125, 18-3126 or 18-3126A, Idaho Code, is guilty of a felony.
9 (2) For purposes of this section, the punishment for a misdemeanor shall
10 be a fine of up to one thousand dollars ($1,000) or up to one (1) year in the
11 county jail, or both such fine and imprisonment.
12 (3) For purposes of this section, the punishment for a felony shall be a
13 fine of up to fifty thousand dollars ($50,000) or imprisonment in the state
14 prison not exceeding five (5) years, or both such fine and imprisonment.
STATEMENT OF PURPOSE
RS 16727
The purpose of the amendments to Idaho Code, sections 18-3122,
3124, 3125 and 3128 is to prevent and prohibit criminal use of a
financial transaction card. The amendment of Idaho Code, section
18-3122 to include the term "information" recognizes that many
types of information are valuable and can be used to access a
person's financial resources. This amendment is necessary to
ensure that the language of sections 18-3122 and 18-3126 are
consistent and protect personal identifying information.
The purpose of deleting sections (1) and (5) of section 18-3124
is to ensure consistency with the proposed amendments to section
18-3125 and to make the acts enumerated in those sections
felonies. The proposed amendments of section 18-3125 ensure that
the most common form of identity theft, credit card fraud, is a
fully prohibited felony. The purpose of amending section 18-3128
is to make a violation of section 18-3126 a felony and enhance
the penalty for a violation of that provision. In addition, the
purpose of the amendment is to make a violation of section 18-
3125 a felony. By making these crimes felonies, perpetrators
will be more deterred from committing the action and suffer
greater punishment, and society will receive greater protection.
FISCAL NOTE
None.
Contact
Name: Bill von Tagen
Phone: 334-4155
Office of the Attorney General
STATEMENT OF PURPOSE/FISCAL NOTE H 64