FINAL BILL REPORT

SHB 508

                                  C 140 L 87

BYHouse Committee on Judiciary (originally sponsored by Representatives Holland,  Zellinsky, Winsley, Nutley, Beck, Lux, Chandler, Prince, Betrozoff, Crane, Silver and Jesernig)

Establishing crimes involving access devices.

House Committe on Judiciary

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

For purposes of the crimes of possession of stolen property and theft, a credit card is defined as a device enabling the cardholder to obtain money, goods or services on credit or in consideration of a guarantee by the issuer.

Theft is defined as wrongfully obtaining control over property or services, or appropriating lost or misdelivered property.

A person commits theft in the second degree if he or she steals a credit card.  Possession of two or more credit cards issued in the names of two or more persons creates a presumption that they are stolen.  A person possessing a stolen credit card is guilty of possession of stolen property in the second degree.

For purposes of defining the crime of forgery, a credit card is considered a written instrument.  Forgery is a class C felony.

SUMMARY:

References to credit cards in the criminal code are changed to "access devices."  An access device is defined as a code, account number or other means of account access that can be used to obtain money, goods or services or that can be used to initiate a transfer of funds.

Theft of an access device is classified as theft in the second degree.  Possession of two or more access devices in the names of two or more persons creates a presumption that they are stolen.  A person is guilty of second degree possession of stolen property if he or she possesses a stolen access device.

An access device is defined as a written instrument for purposes of the forgery statute.

VOTES ON FINAL PASSAGE:

      House 93   0

      Senate    44     3

EFFECTIVE:July 26, 1987