Bill Summary – FastDemocracy

H.B. 238
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                            Mar 8, 2021
                                     SESSION 2021                                     HOUSE PRINCIPAL CLERK
     H                                                                                              D
                                   HOUSE BILL DRH30132-ML-11
     Short Title:   Prohibit Possession of Skimming Device.                                    (Public)
     Sponsors:      Representative Torbett.
     Referred to:
 1                                       A BILL TO BE ENTITLED
 2   AN ACT TO PROHIBIT THE POSSESSION OF CREDIT CARD SKIMMING DEVICES.
 3   The General Assembly of North Carolina enacts:
 4               SECTION 1. G.S. 14-113.8 reads as rewritten:
 5   "§ 14-113.8. Definitions.
 6       The following words and phrases as used in this Chapter, unless a different meaning is plainly
 7   required by the context, shall have the following meanings:
 8               …
 9               (10) Scanning Device. – "Scanning device" means a scanner, reader, or any other
10                      device that is used to access, read, scan, obtain, memorize, or store,
11                      temporarily or permanently, information encoded on a financial transaction
12                      card. This term does not include a skimming device.
13               (11) Skimming Device. – A self-contained device that (i) is designed to read and
14                      store in the device's internal memory information encoded on the computer
15                      chip, magnetic strip or stripe, or other storage mechanism of a financial
16                      transaction card or from another device that directly reads the information
17                      from a financial transaction card and (ii) is incapable of processing the
18                      financial transaction card information for the purpose of obtaining,
19                      purchasing, or receiving goods, services, money, or anything else of value
20                      from a merchant."
21               SECTION 2. G.S. 14-113.9(a) is amended by adding a new subdivision to read:
22               "(6) Knowingly possesses, sells, or delivers a skimming device. The prohibition
23                      set forth in this subdivision does not apply to an employee, officer, or agent
24                      of any of the following while acting within the scope of the person's official
25                      duties:
26                      a.      A law enforcement agency.
27                      b.      A State or federal court.
28                      c.      An agency or department of the State, local, or federal government.
29                      d.      A financial or retail security investigator employed by a merchant."
30               SECTION 3. This act becomes effective December 1, 2021, and applies to offenses
31   committed on or after that date.
                                   *DRH30132-ML-11*
Statutes affected: 
Filed: 14-113.8, 14-113.9
Edition 1: 14-113.8, 14-113.9
Ratified: 14-113.8, 14-113.9
SL 2021-68: 14-113.8, 14-113.9