Section 1 expands the county attorney's subpoena authority to include the production of certain records for identity theft investigations. Limits subpoena authority to identity theft cases where probable cause exists to believe a crime has been committed.

Section 2 defines "scanning device, " "reencoder," and "payment card" for the purposes of identity theft crimes.

Section 3 creates a five-year felony for the following:

• using a scanning device or reeencoder without the cardholder's permission and with intent to commit a crime; and
• possessing any device that is designed to be used as a scanning device or reencoder, with intent to commit a crime.

This section is effective August 1, 2010, and applies to crimes committed on or after that date.

Section 4 applies the venue provisions to the new crime under section 3. Under this subdivision, a case may be prosecuted in:

• the county where the crime occurred;
• the county of residence or place of business of the victim; or
• the county of residence of the person whose identity was obtained or sought.

CT:rer

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