HOUSE BILL REPORT

HB 508

BYRepresentatives Holland, Zellinsky, Winsley, Nutley, Beck, Lux, Chandler, Prince, Betrozoff, Crane, Silver and Jesernig

Establishing crimes involving access devices.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (15)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, P. King, Lewis, Moyer, Niemi, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 20, 1987

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.  The value of an instrument is determined by the greatest economic loss that the owner of the instrument might reasonably suffer by its loss.

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:

SUBSTITUTE BILL:  The definition of credit card is changed to access device.  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 stolen access devices in the names of two or more persons creates presumption 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.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The original bill defined an access device's value for purposes of the theft statutes.  The substitute bill does not include this definition.  The original bill created two new definitions for theft involving the use of charge forms.  The substitute bill does not include these definitions.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Deborah Olivey, ACCESS-The Exchange; Kurt Hermanns, King County Prosecutor's Office.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     Technology has significantly changed banking practices.  The term "credit card" does not adequately define many of the mechanisms that allow people to obtain access to credit and checking accounts.  Changing the definition will make it easier for prosecutor's to establish certain types of fraudulent transactions.

House Committee - Testimony Against: None Presented.