Texas House Passes Legislation Joint Authored by Carter to Enhance Penalties for Identity Theft

April 14, 2011

(AUSTIN, TX) – The Texas House of Representatives passes legislation joint authored by Stefani Carter (R-Dallas) that will make it illegal to obtain or transfer someone’s financial information through the use of any electronic device without his or her consent.

“The sophistication of technology has redefined the way we live and has brought us endless possibilities,” said Carter. “However, the power of technology can oftentimes be abused for personal gains at the expense of others.”

Currently, the law requires a proven intent to harm or defraud in order to be prosecuted. HB1215 states that offenders will be prosecuted if they knew that they were not entitled to obtain or posses that information.

Obtaining the financial information would be a class B misdemeanor resulting in up to 180 days in jail and/or a maximum fine of $2,000. The transfer of the information to a third party would constitute a class A misdemeanor resulting in up to one year in jail and/or a maximum fine of $4,000.
Additionally, HB1215 would require peace officers who have received a complaint regarding these offenses to report those complaints to their law enforcement agencies.

“By the time the offender has been charged with intent to harm or defraud, the damage to a person’s financial accounts is already done,” said Carter. “We cannot risk the time it takes for the prosecution of possessing illegal financial information.”
###