| Passed by the Senate March 13, 2003 YEAS 49 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 9, 2003 YEAS 96 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5719 as passed by the Senate and the House of Representatives on the dates hereon set forth. MILTON H. DOUMIT JR. ________________________________________ Secretary | |
| Approved April 17, 2003. GARY F. LOCKE ________________________________________ Governor of the State of Washington | April 17, 2003 - 2:43 p.m. Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/03/03.
AN ACT Relating to fraudulent use of a credit card scanning device; amending RCW 9A.56.280 and 9A.56.290; reenacting and amending RCW 9.94A.515 and 9.94A.515; prescribing penalties; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.56.280 and 1993 c 484 s 1 are each amended to read
as follows:
As used in RCW 9A.56.280 and 9A.56.290, unless the context requires
otherwise:
(1) "Cardholder" means a person to whom a credit card or payment
card is issued or a person who otherwise is authorized to use a credit
card or payment card.
(2) "Credit card" means a card, plate, booklet, credit card number,
credit card account number, or other identifying symbol, instrument, or
device that can be used to pay for, or to obtain on credit, goods or
services.
(3) "Credit card or payment card transaction" means a sale or other
transaction in which a credit card or payment card is used to pay for,
or to obtain on credit, goods or services.
(4) "Credit card or payment card transaction record" means a record
or evidence of a credit card or payment card transaction, including,
without limitation, a paper, sales draft, instrument, or other writing
and an electronic or magnetic transmission or record.
(5) "Financial institution" means a bank, trust company, mutual
savings bank, savings and loan association, or credit union authorized
under state or federal law to do business and accept deposits in
Washington.
(6) "Merchant" means ((a person authorized by a financial
institution to honor or accept credit cards in payment for goods or
services.)) an owner or operator of any retail mercantile establishment
or any agent, employee, lessee, consignee, officer, director,
franchisee, or independent contractor of such owner or operator.
"Merchant" also means a person who receives from an authorized user, a
payment card or information from a payment card, or what the person
believes to be a payment card or information from a payment card, as
the instrument for obtaining, purchasing, or receiving goods, services,
money, or anything else of value from the person.
(7)
(7) "Payment card" means a credit card, charge card, debit card,
stored value card, or any card that is issued to an authorized card
user and that allows the user to obtain goods, services, money, or
anything else of value from a merchant.
(8) "Person" means an individual, partnership, corporation, trust,
or unincorporated association, but does not include a financial
institution or its authorized employees, representatives, or agents.
(9) "Reencoder" means an electronic device that places encoded
information from a payment card onto a different payment card.
(10) "Scanning device" means a scanner, reader, or any other
electronic device that is used to access, read, scan, obtain, memorize,
or store, temporarily or permanently, information encoded on a payment
card.
Sec. 2 RCW 9A.56.290 and 1993 c 484 s 2 are each amended to read
as follows:
(1) A person commits the crime of unlawful factoring of a credit
card or payment card transaction if the person((, with intent to commit
fraud or theft against a cardholder, credit card issuer, or financial
institution, causes any such party or parties to suffer actual monetary
damages that in the aggregate exceed one thousand dollars, by:)):
(a) Presenting
(a) Uses a scanning device to access, read, obtain, memorize, or
store, temporarily or permanently, information encoded on a payment
card without the permission of the authorized user of the payment card
or with the intent to defraud the authorized user, another person, or
a financial institution;
(b) Uses a reencoder to place information encoded on a payment card
onto a different card without the permission of the authorized issuer
of the card from which the information is being reencoded or with the
intent to defraud the authorized user, another person, or a financial
institution;
(c) Presents to or ((depositing)) deposits with, or ((causing))
causes another to present to or deposit with, a financial institution
for payment a credit card or payment card transaction record that is
not the result of a credit card or payment card transaction between the
cardholder and the person;
(((b) Employing, soliciting, or otherwise causing)) (d) Employs,
solicits, or otherwise causes a merchant or an employee,
representative, or agent of a merchant to present to or deposit with a
financial institution for payment a credit card or payment card
transaction record that is not the result of a credit card or payment
card transaction between the cardholder and the merchant; or
(((c) Employing, soliciting, or otherwise causing)) (e) Employs,
solicits, or otherwise causes another to become a merchant for purposes
of engaging in conduct made unlawful by this section.
(2) Normal transactions conducted by or through airline reporting
corporation-appointed travel agents or cruise-only travel agents
recognized by passenger cruise lines are not considered factoring for
the purposes of this section.
(3)(a) Unlawful factoring of a credit card or payment card
transaction is a class C felony.
(b) A second or subsequent violation of subsection (1) of this
section is a class B felony.
Sec. 3 RCW 9.94A.515 and 2002 c 340
s 2, 2002 c 324 s 2, 2002 c
290 s 2, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133
s 4 are each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(3)(b)) | ||
| III | ||
| II | ||
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(3)(a)) | ||
| I | ||
Sec. 4 RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c
290 s 7, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133
s 4 are each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(3)(b)) | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(3)(a)) | ||
| I | ||
NEW SECTION. Sec. 5 Section 3 of this act expires July 1, 2004.
NEW SECTION. Sec. 6 Section 4 of this act takes effect July 1,
2004.