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Relating to the prosecution of certain criminal offenses involving
No fiscal impact to the state is anticipated.
HB 2624 would authorize the prosecution of persons for the offense of credit or debit card fraud in any county the offense was committed or in the county where the victim of credit or debit card fraud resides.
The bill would also include credit or debit card abuse, as well as fraudulent use or possession of identifying information, among crimes for which the state's attorney need not prove the person acted with intent to defraud. The act in these circumstances would be sufficient to prove the offense was, by its nature, calculated to injure or defraud its victims. This aligns the burden of proof for these crimes with that for forgery.
We support allowing credit and debit card abuse to be tried in the home county of victims, which makes it easier for victims to assist in prosecution and attend a trial. However, we are concerned about adding to the list of crimes for which it is not necessary to prove criminal intent. This erodes due process.
Because we support a major provision of this legislation but also have deep reservations about another major provision, we remain neutral on HB 2624.