Revised access device fraud definition, penalties, statute of limitations, and cash assistance disqualifications

The amended bill redefines card skimming and access device fraud offenses and replaces value-based grading with a prior-offense system. It extends the statute of limitations for public assistance fraud from four to five years. It also replaces immediate permanent cash assistance disqualification with a 3-strike penalty schedule.

• Section 481(a.1)/(A.1): Redefined access device fraud to specifically target the use or possession of scanning devices, reencoders, and replicated access device information.
• Section 481(b.1)/(B.1): Replaced value-based offense grading ($1,000 or more for 2nd degree felony; under $1,000 for 3rd degree felony) with repeat-offender grading (3rd degree felony for a first offense, 2nd degree felony for subsequent offenses).
• Section 481(B.2): Added guidelines for determining prior offenses, including out-of-state convictions and accelerated rehabilitative dispositions.
• Section 481(d): Increased the statute of limitations for public assistance fraud offenses from 4 years to 5 years.
• Section 481(f.1)/(F): Replaced permanent cash assistance ineligibility upon a first conviction with a 6-month ban for a first conviction, 12-month ban for a second conviction, and permanent ban for a third conviction.

Statutory definitions added for reencoders and scanning devices

The updated bill adds statutory definitions for 'reencoder' and 'scanning device' to clarify terms used in the public assistance access device fraud offenses. It also standardizes the formatting and lettering of added subsections without changing the underlying penalties or assistance disqualification periods.

• Section 481(G): Added definitions for 'reencoder' (a device that places access device information onto a medium allowing retrieval) and 'scanning device' (a scanner, reader, or electronic device used to access, read, scan, obtain, memorize, or store access device information).
• Section 481: Standardized subsection lettering and typography from uppercase (A.1, B.1, B.2, F) back to standard statutory format (a.1, b.1, b.2, f).

Exclusion of ARD and preliminary dispositions from repeat offender calculations

The updated bill removes Accelerated Rehabilitative Disposition (ARD) and other preliminary dispositions from being counted when determining repeat offender status for fraud offenses involving access devices. It also updates the text formatting of the newly added definitions subsection from all-capital letters to standard lower-case text.

• Section 481(b.2): Removed 'acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition' from the repeat offender calculation, meaning only prior convictions count toward second or subsequent offense penalties.
• Section 481(g): Replaced the all-capital lettering of the newly added definitions subsection with standard text formatting.