SENATE BILL 603

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO CRIMINAL LAW; AMENDING THE CRIMINAL CODE TO INCLUDE FRAUD BY USE OF A SCANNING DEVICE OR RE-ENCODER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-16-35 NMSA 1978 (being Laws 1971, Chapter 239, Section 11) is amended to read:

     "30-16-35. POSSESSION OF INCOMPLETE CREDIT CARDS OR MACHINERY, PLATES OR OTHER CONTRIVANCE.--

          A. Any person who possesses an incomplete [credit card, with intent to defraud, is guilty of a misdemeanor. Possession of four or more incomplete credit cards, with intent to defraud, is a fourth degree felony] payment card, a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card or a re-encoder to place encoded information on the computer chip or magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur is guilty of a misdemeanor.

          B. Any person, who with intent to defraud, possesses machinery, plates, a scanning device, a re-encoder or any other contrivance designed to reproduce instruments purporting to be [credit cards of an issuer who has not consented to the preparation of such credit cards] a payment card is guilty of a fourth degree felony.

          C. As used in this section:

                (1) "payment card" means a credit card, debit card or any other card that is issued to an authorized user and that allows the user to obtain, purchase or receive goods, services, money or anything else of value;

                (2) "re-encoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card or any electronic medium that allows an unauthorized transaction to occur; and

                (3) "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 the computer chip or magnetic strip or stripe of a payment card."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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