HB4990 HFAT Akers 2-18

Morgan 3345

Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

H. B. 4990 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §61-4A-1 and §61-4A-2, relating to providing definitions; creating a new misdemeanor crime of when any person acts with the intent to defraud any other person or entity and acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller and creating criminal penalties and fines for this newly created crime; creating a new felony  crime of when any person acts with the intent to defraud any other person or entity and acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller and the value exceeds $1,000 in any consecutive six month period and creating criminal penalties and fines for this newly created crime;  creating a new misdemeanor crime of when any person acts with intent to defraud any other person or entity, or alter or tamper with a gift card or its packaging and creating criminal penalties and fines for this newly created crime; creating a new felony crime of when any person acts with intent to defraud any other person or entity, or alter or tamper with a gift card or its packaging and the value exceeds $1,000 in any consecutive six month period and creating criminal penalties and fines for this newly created crime; creating a new misdemeanor crime of when any person acts with intent to defraud any other person or entity and devises a scheme to obtain a gift card or gift card or redemption information from a card holder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises and creating criminal penalties and fines for this newly created crime; and creating a new felony  crime of when any person acts with intent to defraud any other person or entity and devises a scheme to obtain a gift card or gift card or redemption information from a card holder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises and the value exceeds $1,000 in any consecutive six month period and creating criminal penalties and fines for this newly created crime.”;

Adopted

Rejected