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Bill

HB 4853

Relating to skimmers on electronic terminals; authorizing a civil penalty; creating criminal offenses.

89th Legislature (2025) Introduced by Mary Ann Perez

HB 4853 criminalizes installation of payment card skimmers on electronic terminals and enables civil penalties, strengthening enforcement against card fraud schemes.

Laid on the table subject to call
#automatedtellermachines(s0062) #credit&debitcards(s0388) #civilremedies&liabilities(i0065) #crimes--miscellaneous(i0200) #electronicinformationsystems(i0311) #financialcrimesintelligencecenter(vr5le) #financial--banks(i0366) #financial--general(i0365)
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WeVote Research Nonpartisan
Bill Summary · HB 4853

Legislative bill overview

HB 4853 establishes legal protections against payment card skimmers—devices that illegally capture card information from electronic terminals—by creating both civil penalties and criminal offenses for their installation, possession, or use. The bill authorizes affected individuals and businesses to pursue civil remedies while establishing criminal liability for those engaged in skimming operations.

Why is this important

Payment card skimming costs consumers and businesses millions annually through fraud and identity theft. By creating explicit criminal and civil frameworks, the bill strengthens enforcement tools for law enforcement and provides legal recourse for victims, addressing a growing problem that often exploits gaps in existing fraud statutes.

Potential points of contention

  • Scope definition: Questions about what qualifies as a "skimmer" and whether the definition is broad enough to cover evolving technology or narrow enough to avoid unintended targets
  • Criminal vs. civil burden of proof: Different standards of evidence between criminal prosecution and civil penalties may create conflicts or inconsistent outcomes
  • Preemption concerns: Potential overlap with existing federal fraud laws (like the Computer Fraud and Abuse Act) and whether state-level criminalization duplicates or conflicts with federal authority

Compiled from official sources — confirm details with the bill’s official record.

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