VirginiaSB4442026 Regular SessionSenateWALLET

Offenses relating to gift cards; penalties.

Sponsored By: Lamont Bagby (Democratic)

Became Law

Summary

Offenses relating to gift cards; penalties. Adds the offenses of gift card theft, gift card forgery, gift card fraud, and criminally receiving goods and services fraudulently obtained to the existing provisions of law related to credit cards. This bill is identical to HB 662.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Easier to prosecute card fraud cases

Prosecutors can bring cases where any part of the crime happened, where an issuer, acquirer, gift card issuer, or gift card holder (or their agent) lost money, or where the cardholder or gift card holder lives. For theft of cards, numbers, or gift card data, cases may also be brought where the item is used, tried to be used, or possessed with bad intent. If you buy a discounted travel ticket from someone who is not an apparent agent and you do not make a reasonable check, the law presumes you knew it was illegally obtained. This is a rebuttable presumption, and you can show evidence to the contrary.

Felony for forged or tampered cards

The law bans making, embossing, altering, or using a forged credit card or sales draft with intent to defraud. It also bans altering or tampering with a gift card or its package to defraud. Credit card or gift card forgery is a Class 5 felony.

Penalties for card and gift card fraud

The law punishes using a card or number gotten illegally, pretending to be the cardholder, taking a card as debt security, or getting advances beyond your available credit. It also punishes furnishing money or value on a number gotten illegally and related false claims about issuing a card. If the value involved is under $1,000 in any six-month period, it is a Class 1 misdemeanor. If the value is $1,000 or more in any six-month period, it is a Class 6 felony. Knowingly receiving money, goods, or services from such card fraud carries the same $1,000 six-month thresholds, and conspiracy is a Class 6 felony.

Stealing cards or data is grand larceny

The law makes it a crime to take, keep, buy, or sell a credit card or card number without consent. It covers receiving a card or number you know is lost or misdelivered, or dealing in cards not from the issuer. It also covers getting cards in two or more names within 12 months under illegal circumstances. Taking a gift card or its redemption information to defraud is also a crime. These offenses are grand larceny and are punishable under § 18.2-95.

Standard terms for card crimes

The law sets clear definitions for credit cards and gift cards. It covers issuers, cardholders, sellers, and acquirers. It defines closed-loop and open-loop gift cards and “payment device numbers.” It says “value” means the greatest likely loss, including the full face or load value of a gift card, even if not activated. Courts and police use these terms across all card theft, forgery, fraud, and venue rules.

Sponsors & Cosponsors

Sponsor

  • Lamont Bagby

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 364 • No: 0

House vote 3/4/2026

Passed House Block Vote

Yes: 99 • No: 0

House vote 3/4/2026

Passed House Block Vote

Yes: 97 • No: 0

House vote 3/2/2026

Reported from Courts of Justice

Yes: 22 • No: 0

Senate vote 2/13/2026

Constitutional reading dispensed Block Vote (on 3rd reading)

Yes: 38 • No: 0

Senate vote 2/13/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote 2/13/2026

Read third time and passed Senate Block Vote

Yes: 38 • No: 0

Senate vote 2/12/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/12/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/11/2026

Reported from Finance and Appropriations

Yes: 15 • No: 0

Senate vote 2/2/2026

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations

Yes: 15 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0197)

    4/6/2026Governor
  2. Approved by Governor-Chapter 197 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  4. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026Senate
  5. Signed by Speaker

    3/31/2026House
  6. Bill text as passed Senate and House (SB444ER)

    3/30/2026Senate
  7. Enrolled

    3/30/2026Senate
  8. Signed by President

    3/30/2026Senate
  9. Passed House Block Vote (99-Y 0-N 0-A)

    3/4/2026House
  10. Reconsideration of passage agreed to by House

    3/4/2026House
  11. Passed House Block Vote (97-Y 0-N 0-A)

    3/4/2026House
  12. Read third time

    3/4/2026House
  13. Read second time

    3/3/2026House
  14. Reported from Courts of Justice (22-Y 0-N)

    3/2/2026House
  15. Referred to Committee for Courts of Justice

    2/18/2026House
  16. Read first time

    2/18/2026House
  17. Placed on Calendar

    2/18/2026House
  18. Read third time and passed Senate Block Vote (38-Y 0-N 0-A)

    2/13/2026Senate
  19. Constitutional reading dispensed Block Vote (on 3rd reading) (38-Y 0-N 0-A)

    2/13/2026Senate
  20. Courts of Justice Substitute agreed to

    2/13/2026Senate
  21. Rules suspended

    2/13/2026Senate
  22. Engrossed by Senate - committee substitute Block Vote (Voice Vote)

    2/13/2026Senate
  23. Read second time

    2/13/2026Senate
  24. Passed by for the day Block Vote (Voice Vote)

    2/12/2026Senate
  25. Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

    2/12/2026Senate

Bill Text

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