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*hb0752*
HOUSE BILL 752
E1 6lr1407
CF SB 437
By: Delegates Toles, J. Long, T. Morgan, Roberson, Roberts, Schmidt, Simmons,
Taylor, and Woods Woods, Valentine, Phillips, McComas, Moreno, and
Conaway
Introduced and read first time: February 4, 2026
Assigned to: Economic Matters
Reassigned: Judiciary, February 11, 2026
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 2, 2026
CHAPTER ______
AN ACT concerning 1
Criminal Law – Theft and Fraud Crimes – Valuation and Forgery of Gift Cards 2
FOR the purpose of providing for the valuation of a gift card for the purpose of determining 3
value for crimes involving theft; prohibiting a person, with the intent to defraud 4
another, from altering or tampering with a gift card or its packaging; and generally 5
relating to crimes involving gift cards. 6
BY repealing and reenacting, without amendments, 7
Article – Commercial Law 8
Section 14–4901(a), (b), and (e) 9
Annotated Code of Maryland 10
(2025 Replacement Volume) 11
BY repealing and reenacting, without amendments, 12
Article – Criminal Law 13
Section 7–103(a) and (b) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2025 Supplement) 16
BY adding to 17
Article – Criminal Law 18
Section 7–103(h) and 8–409 19
2 HOUSE BILL 752
Annotated Code of Maryland 1
(2021 Replacement Volume and 2025 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Commercial Law 5
14–4901. 6
(a) In this subtitle the following words have the meanings indicated. 7
(b) “Closed–loop gift card” means a card, code, or device that is: 8
(1) Issued to a consumer on a prepaid basis primarily for personal, family, 9
or household purposes in a specified amount, regardless of whether that amount may be 10
increased or reloaded in exchange for payment; and 11
(2) Redeemable on presentation by a consumer at a single merchant or a 12
group of affiliated merchants. 13
(e) “Open–loop gift card” means a card, code, or device that is: 14
(1) Issued to a consumer on a prepaid basis primarily for personal, family, 15
or household purposes in a specified amount, regardless of whether that amount may be 16
increased or reloaded in exchange for payment; 17
(2) Payment card network branded; and 18
(3) (i) Redeemable on presentation at multiple unaffiliated merchants 19
for goods or services within the payment card network; or 20
(ii) Usable at an automated teller machine. 21
Article – Criminal Law 22
7–103. 23
(a) In this section, “value” means: 24
(1) the market value of the property or service at the time and place of the 25
crime; or 26
(2) if the market value cannot satisfactorily be ascertained, the cost of the 27
replacement of the property or service within a reasonable time after the crime. 28
HOUSE BILL 752 3
(b) Except as provided in § 7–104.1 of this subtitle, the value of property or service 1
under this part shall be determined in accordance with this section. 2
(H) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 3
MEANINGS INDICATED. 4
(II) “CLOSED–LOOP GIFT CARD” HAS THE MEANING STATED IN 5
§ 14–4901 OF THE COMMERCIAL LAW ARTICLE. 6
(III) 1. “GIFT CARD” MEANS AN OPEN–LOOP GIFT CARD OR A 7
CLOSED–LOOP GIFT CARD. 8
2. “GIFT CARD” DOES NOT INCLUDE: 9
A. A CREDIT CARD; 10
B. AN ELECTRONIC FUNDS TRANSFER; OR 11
C. MONEY, A CHECK, A DRAFT, OR ANY OTHER SIMILAR 12
PAPER INSTRUMENT. 13
(IV) “OPEN–LOOP GIFT CARD ” HAS THE MEANING STAT ED IN § 14
14–4901 OF THE COMMERCIAL LAW ARTICLE. 15
(2) THE VALUE OF A GIFT CARD IS THE GREATEST OF: 16
(I) 1. THE HIGHEST VALUE REPRESENTED LISTED ON THE 17
FACE OF THE GIFT CARD; OR ITS PACKAGING; OR 18
2. $100, IF NO VALUE IS LISTE D ON THE GIFT CARD O R 19
ITS PACKAGING; OR 20
(II) THE VALUE THAT A DEFENDANT WHO IS ALLEGED TO HAVE 21
VIOLATED THIS SUBTITLE REPRESENTED THE VALUE OF THE GIFT CARD TO BE; OR 22
(III) THE AMOUNT OF LOSS I NCURRED BY ANY PERSO N 23
INVOLVING THE USE OF THE GIFT CARD. 24
8–409. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
4 HOUSE BILL 752
(2) “CLOSED–LOOP GIFT CARD ” HAS THE MEANING STAT ED IN § 1
14–4901 OF THE COMMERCIAL LAW ARTICLE. 2
(3) (I) “GIFT CARD ” MEANS AN OPEN –LOOP GIFT CARD OR A 3
CLOSED–LOOP GIFT CARD. 4
(II) “GIFT CARD” DOES NOT INCLUDE: 5
1. A CREDIT CARD; 6
2. AN ELECTRONIC FUNDS TRANSFER; OR 7
3. MONEY, A CHECK, A DRAFT, OR ANY OTHER SIMILAR 8
PAPER INSTRUMENT. 9
(4) “OPEN–LOOP GIFT CARD ” HAS THE MEANING STAT ED IN § 10
14–4901 OF THE COMMERCIAL LAW ARTICLE. 11
(B) A PERSON MAY NOT, WITH THE INTENT TO D EFRAUD ANOTHER, ALTER 12
OR TAMPER WITH A GIFT CARD OR ITS PACKAGING. 13
(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF THE 14
MISDEMEANOR OF GIFT CARD FORGERY AND ON CONVICTION IS SUBJEC T TO 15
IMPRISONMENT NOT EXC EEDING 18 MONTHS OR A FINE NOT EXCEEDING $500 OR 16
BOTH. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2026. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.