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Utah House Approves Bill Making Possession of Encoded Credit‑card Data a Felony

Utah House of Representatives · March 4, 2003
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Summary

The Utah House passed Senate Bill 42 after floor debate; sponsors said the measure responds to growing identity‑theft threats, while critics warned it may criminalize possession more harshly than actual misuse.

The Utah House voted to advance Senate Bill 42, a measure that makes possession of encoded credit‑card information with intent to defraud a third‑degree felony and elevates repeat offenses, the sponsor said on the floor. The bill was publicly read by title and ordered returned to the Senate for the president’s signature.

Representative Thompson, who presented the bill, told the House the measure responds to a rise in identity theft and a wave of new skimming devices. “The bill you see before you today makes it a third‑degree felony, criminal offense, to possess a credit card numbered or related information with the intent to defraud,” Thompson said. He said the change followed requests from law‑enforcement officers and merchant groups and cited national estimates of victims and losses.

Representative Daniels pressed the sponsor during debate, questioning whether the change merely creates a new crime instead of addressing the underlying problem and whether technological or civil‑regulatory fixes might be preferable. Daniels said elevating possession to a more serious offense than using a stolen number could be “a little extreme,” and warned of growing incarceration counts for nonviolent offenses.

Thompson defended the bill as a consumer‑protection measure, saying thieves now use compact encoders to capture card data and that victims can face substantial costs and hours to restore credit. “This is something that needs to be stopped,” Thompson said, noting the financial and emotional toll on victims.

After debate the House opened and closed a vote; the clerk read the bill by title and the House returned it to the Senate for signature, signaling formal passage on the House floor.

The bill’s floor debate centered on the balance between stronger criminal penalties to deter growing identity‑theft techniques and concern from some members about expanding felony liability for possession. The House record did not display a final roll‑call tally in the segments read aloud on the floor during this session.