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PARRIS N. GLENDENING, Governor
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H.B. 647
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(1) Order restoration of any property which has been the object of the
offense and has been recovered from the defendant or another, or which is in the
defendant's possession or control, to any person or persons having a property interest
therein;
(2) Order restitution of the value of any property or services which has
been the object of the offense. The restitution may be ordered to be paid to any person
having a property interest in the property or the person who provided the services.
Restitution may be ordered to the extent that the property is not restored or
compensation has not been provided for the services; and
(3) Order the defendant to pay a collection fee of up to $25 for each bad
check to the person having a property interest in the property or the person who
provided the services.
145.
(a) For the purposes of this section:
(1) "Cardholder" means the person or organization named on the face of
a credit card to whom or for whose benefit the credit card is issued by an issuer.
(2) "Credit card" means an instrument or device, whether known as a
credit card, credit plate, or by any other name, issued by an issuer for the use of the
cardholder in obtaining money, goods, services or anything else of value on credit. It
includes a debit or access card or other device other than a check, draft or similar
paper instrument used by the cardholder to effect a transfer of funds that is initiated
through an electronic terminal, telephone, or computer, or magnetic tape ordering,
instructing or authorizing a financial institution to debit or credit an account. It also
includes a payment device number.
(3) "Issuer" means the business organization or financial institution
which issues a credit card or its duly authorized agent.
(4) "Receives" or "receiving" means acquiring possession or control of a
credit card.
(5) (i) "Payment device number" means any code, account number, or
other means of account access, other than a check, draft, or similar paper instrument,
that can be used to obtain money, goods, services, or anything of value, or to initiate
a transfer of funds.
(ii) "Payment device number" does not include an encoded or
truncated credit card number or payment device number.
(b) A person who makes or causes to be made, either directly or indirectly, any
false statement in writing, knowing it to be false and with the intent that it be relied
on, respecting his identity or that of any other person, firm or corporation, for the
purpose of procuring the issuance of a credit card, violates this section and is subject
to the penalties set forth in subsection (h)(1) of this section.
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- 4463 -
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