,,ii #aaith ,,congress #b;d ,session ,s4 #ebbi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #d1 #bjbf,mrs4 ,moody introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to enhance penalties for certain cases of gift card fraud1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,saving ,wallets and ,increasing ,penalties for ,elder ,scams ,act or the ,,swipes ,act4 #b4 ,preventing gift card fraud 7a7 ,amendments ,to section #ajbi ,section #ajbi of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#f7-- 7,a7 in subparagraph 7,a71 by striking 2 or and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the semicolon and inserting 2 or2 and 7,c7 by adding at the end the following3 7,c7 directly or indirectly obtaining an access device1 including by creating1 maintaining1 or using a website that collects access device information2 2 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i71 by striking #aj years and inserting #bj years2 and 7ii7 in clause 7ii71 by striking #ae years and inserting #be years2 7,b7 in subparagraph 7,b7-- 7i7 by striking #bj years and inserting #cj years2 and 7ii7 by striking 2 and and inserting a semicolon2 7,c7 in subparagraph 7,c71 by striking the period and inserting a semicolon2 and 7,d7 by adding at the end the following3 7,d7 in the case of an offense under paragraph 7#c7 of subsection 7a7 in which the amount of access devices that are counterfeit or unauthorized exceeds #ejj devices1 a fine under this title or imprisonment for not more than #be years1 or both2 and 7,e7 in the case of an offense under paragraph 7#c7 of subsection 7a7 in which the amount of access devices that are counterfeit or unauthorized exceeds #a1jjj devices1 a fine under this title or imprisonment for not more than #cj years1 or both4 2 and 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking or other telecommunications service1 equipment1 or instrument identifier1 or other means of account access and inserting gift card1 password1 cryptographic key1 token1 digital asset private key1 digital asset recovery phrase1 passkey1 one-time password1 hardware security key credential1 or other physical or digital credential1 authentication mechanism1 or programmatic identifier2 and 7ii7 by inserting or other assets after transfer of funds2 7,b7 in paragraph 7#aj71 by striking 2 and and inserting a semicolon2 7,c7 in paragraph 7#aa71 by striking the period and inserting a semicolon2 and 7,d7 by adding at the end the following3 7#ab7 the term gift card means a physical or virtual card1 code1 or device that may be issued to a consumer on a prepaid basis1 in whole or in part1 for personal1 family1 or household purposes in a specified amount1 regardless of whether that amount may be increased or reloaded in exchange for payment1 and that is redeemable upon presentation by a consumer at a single merchant1 a group of affiliated merchants1 or a group of unaffiliated merchants1 including gift card redemption information4 4 7b7 ,increased penalties for fraud against persons over the age of #fj 7#a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after section #ajbi the following3 #ajbi;,a4 ,fraud against persons over the age of #fj 7a7 ,definition ,for purposes of this section3 7#a7 ,covered felony violation ,the term covered felony violation means any offense that is a felony violation of-- 7,a7 any provision contained in this chapter 7relating to fraud and false statements71 other than this section2 and 7,b7 any provision contained in chapter #fc 7relating to mail1 bank1 and wire fraud74 7#b7 ,knowingly ,the term knowingly means that the defendant acts with actual knowledge of the victim's age1 deliberate ignorance of the victim's age1 or with reckless disregard for the victim's age4 7b7 ,offense ,whoever1 during and in relation to any covered felony violation1 knowingly commits such offense against a person over the age of #fj shall be sentenced to a term of imprisonment of #b years1 in addition to the term of imprisonment imposed for the covered felony violation4 7c7 ,consecutive sentence ,notwithstanding any other provision of law-- 7#a7 a court shall not place on probation any person sentenced under subsection 7b71 nor shall the term of imprisonment imposed on a person under subsection 7b7 run concurrently with any other term of imprisonment1 except as provided in paragraph 7#b72 and 7#b7 a term of imprisonment imposed on a person under this section may1 in the discretion of the court1 run concurrently1 in whole or in part1 only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section1 provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the ,united ,states ,sentencing ,commission pursuant to section #iid of title #bh4 4 7#b7 ,clerical amendment ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting the following item after the item for section #ajbi3 #ajbi;,a4 ,fraud against persons over the age of #fj4 4 7c7 ,defining monetary instruments ,section #aief7;c77#e7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking means 7i7 coin or currency and inserting the following3 8means-- 7,a7 coin or currency 2 7#b7 by striking 1 or 7ii7 investment securities and inserting the following3 82 7,b7 investment securities 2 7#c7 in subparagraph 7,b71 as so designated1 by striking the semicolon and inserting 2 or2 and 7#d7 by adding at the end the following3 7,c7 a gift card1 as defined in section #ajbi7;e74 4