HB319 Alabama 2016 Session

Updated Feb 24, 2026

Notable

Summary

Primary Sponsor: David FaulknerRepresentative
Republican
Session: Regular Session 2016
Title: Encoded data fraud, crime of expanded to include possession of debit or credit card for fraudulent purposes, Sec. 13A-8-113 am'd.
Summary: HB319 expands encoded data fraud to include possession of unissued credit or debit cards used for fraudulent purposes.
What This Bill Does
It adds a new way to commit encoded data fraud by making it illegal to possess a credit or debit card that was not legitimately issued for fraudulent purposes. It retains existing laws about using scanning devices and reencoders to read or alter information on identification documents. It sets the offense as a Class C felony, with each card counted as a separate charge, and allows seizure and destruction of involved devices and cards. If a card has conflicting identifying information, that creates a rebuttable presumption of intent to commit fraud.

Who It Affects
Individuals who possess scanning devices or reencoders and use them to read or alter information on identification documents (existing conduct) – the bill clarifies/enhances penalties for related activity.
Individuals who possess credit or debit cards not legitimately issued by a financial institution or issuer for fraudulent purposes – this becomes a new criminal offense with a specific penalty and charging rules.

Key Provisions
Amends Section 13A-8-113 to add possession of a purported credit or debit card not legitimately issued as part of encoded data fraud.
If a card contains conflicting identifying information, there is a rebuttable presumption of intent to commit fraud.
Conviction carries a Class C felony; possession of each card counts as a separate count.
Scanning devices, reencoders, or cards can be seized and destroyed as contraband by the investigating agency.
Effective date: first day of the third month after passage and approval by the Governor.
Constitutional note: bill references Amendment 621 (Section 111.05) regarding local funds; it would imply a new or increased local expenditure but falls under exceptions, so no mandatory local approval or 2/3 vote is required for it to take effect.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Crimes and Offenses