HB 1175-FN - AS INTRODUCED

 

 

2026 SESSION

26-2631

09/08

 

HOUSE BILL 1175-FN

 

AN ACT relative to the offense of use of scanning device or reencoder to defraud.

 

SPONSORS: Rep. Alexander Jr., Hills. 29; Rep. Kuttab, Rock. 17; Rep. A. Murray, Hills. 20; Rep. Rhodes, Ches. 17; Rep. Rice, Hills. 38; Rep. Roy, Rock. 31; Sen. Lang, Dist 2; Sen. Reardon, Dist 15; Sen. Sullivan, Dist 18; Sen. Ricciardi, Dist 9

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill updates the offense prohibiting the use of a scanning device or reencorder to defraud by including the scanning and reencoding of information contained on integrated circuit chips of payment cards instead of just magnetic strips or stripes.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26-2631

09/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT relative to the offense of use of scanning device or reencoder to defraud.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Use of Scanning Device or Reencoder to Defraud Prohibited.  Amend RSA 638:29, I to read as follows:  

I. A person is guilty of the crime of using a scanning device or reencoder to defraud when the person knowingly:

(a) Uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe or on an integrated circuit chip of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or

(b) Uses a reencoder to place information encoded on the magnetic strip or stripe or integrated circuit chip of a payment card onto the magnetic strip or stripe or integrated circuit chip of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.

2  Effective Date.  This act shall take effect January 1, 2027.

 

LBA

26-2631

10/28/25

 

HB 1175-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the offense of use of scanning device or reencoder to defraud.

 

FISCAL IMPACT:  

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures*

Indeterminable

Funding Source

General Fund

Appropriations*

$0

$0

$0

$0

Funding Source

None

*Expenditure = Cost of bill            *Appropriation = Authorized funding to cover cost of bill

 

Estimated Political Subdivision Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

 

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association