SENATE BILL REPORT

SHB 508

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

Senate Hearing Date(s):March 27, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Bottiger, Moore, Newhouse.

Senate Staff:Carolyn Mayer (786-7418)

                  March 27, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 27, 1987

BACKGROUND:

There have been substantial changes and growth in technology relating to credit transactions.  The term "credit card" does not adequately define the many mechanisms by which individuals obtain access to credit or checking accounts.  Changing the definition will enhance the ability of prosecutors to establish certain types of fraudulent transactions.

SUMMARY:

The definition of "credit card" is changed to "access device".  An "access device" includes a code, account number, or other means of account access that can be used to initiate a transfer of funds.

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

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

Fiscal Note:      requested

Senate Committee - Testified: Jan Wiley-Gee, Washington Retail Council