Bill Text: FL H0621 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Credit and Debit Card Crimes [SPSC]

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [H0621 Detail]

Download: Florida-2010-H0621-Introduced.html

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HB 621

1	A bill to be entitled
2	An act relating to possession of stolen credit cards;
3	amending s. 817.60, F.S.; prohibiting possession,
4	reception, or retention of custody or control of a credit
5	card taken from the person, possession, custody, or
6	control of another without the cardholder's consent;
7	deleting language requiring knowledge that a credit card
8	was taken without the cardholder's consent and received
9	with specified intent in order to commit certain offenses;
10	providing criminal penalties; increasing the penalty for
11	specified offenses; providing for an inference that the
12	person in possession of a credit card knew or should have
13	known that the credit card had been stolen in certain
14	circumstances; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Subsection (1) of section 817.60, Florida
19	Statutes, is amended to read:
20	817.60 Theft; obtaining credit card through fraudulent
21	means.-
22	(1) THEFT BY TAKING OR RETAINING POSSESSION OF CARD
23	TAKEN.-A person who takes a credit card from the person,
24	possession, custody, or control of another without the
25	cardholder's consent or a person who possesses, receives, or
26	retains custody or control of such a card commits who, with
27	knowledge that it has been so taken, receives the credit card
28	with intent to use it, to sell it, or to transfer it to a person
29	other than the issuer or the cardholder is guilty of credit card
30	theft and is subject to the penalties set forth in s.
31	817.67(2)(1). Taking a credit card without consent includes
32	obtaining it by conduct defined or known as statutory larceny,
33	common-law larceny by trespassory taking, common-law larceny by
34	trick or embezzlement, or obtaining property by false pretense,
35	false promise, or extortion. Proof of possession of a credit
36	card that has been recently stolen or possession of a credit
37	card in the name of a person other than that of the possessor,
38	unless satisfactorily explained, gives rise to an inference that
39	the person in possession of the credit card knew or should have
40	known that the credit card had been stolen.
41	Section 2. This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.