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HB4990 • 2026
Relating to crimes using gift cards
This bill passed the Legislature and reached final enactment based on the latest official action.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Relating to crimes using gift cards
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: HB4990 HFAT Akers 2-18 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
Plain English: HB4990 HFAT Akers 2-18 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
Chapter 105, Acts, Regular Session, 2026
Approved by Governor 3/27/2026
To Governor 3/25/2026
Approved by Governor 3/27/2026 - Senate Journal
Approved by Governor 3/27/2026 - House Journal
To Governor 3/25/2026 - Senate Journal
House Message received
Completed legislative action
Communicated to Senate
House concurred in Senate amendment and passed bill (Roll No. 680)
House received Senate message
Senate requests House to concur
Passed Senate with amended title (Roll No. 408)
Read 3rd time
On 3rd reading
Committee amendment adopted (Voice vote)
Read 2nd time
On 2nd reading
Read 1st time
Immediate consideration
Reported do pass, with amendment and title amendment
To Judiciary
To Judiciary
Introduced in Senate
Communicated to Senate
Title amendment adopted (Voice vote)
Passed House (Roll No. 131)
Read 3rd time
On 3rd reading, Special Calendar
Read 2nd time
On 2nd reading, Special Calendar
Read 1st time
On 1st reading, Special Calendar
By substitute, do pass
Markup Discussion
To House Judiciary
Markup Discussion
To House Legal Services
To House Judiciary
Introduced in House
To Judiciary
Filed for introduction
Relating to crimes using gift cards
HB 4990 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version House Bill 4990 History OTHER VERSIONS - Committee Substitute (1) | Engrossed Version | Introduced Version | | Email Key: Green = existing Code. Red = new code to be enacted WEST virginia legislature 2026 regular session ENROLLED Committee Substitute for House Bill 4990 By Delegates Brooks, Martin, Vance, Kyle, Roop, Mallow, Marple, Hornby, Pritt, Ferrell, and B. Smith [Passed March 14, 2026; in effect 90 days from passage (June 12, 2026)] AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §61-4A-1, §61-4A-2, §61-4A-3, and §61-4A-4, all relating to criminal offenses involving gift cards; defining terms; creating new misdemeanor and felony crimes relating to gift cards; and establishing criminal penalties and fines for newly created crimes. Be it enacted by the Legislature of West Virginia: Article 4a. crimes involving gift cards. §61-4A-1. Definitions. As used in this article: "Cardholder" means any person or party to whom a physical or virtual gift card is issued through a purchase or receives a gift card from a willing party. "Card issuer" means any person that issues a gift card or the agent of that person with respect to that card. "Closed-Loop Gift Card" means a card, code, or device that is issued to a consumer on a prepaid basis for goods, services, or credits in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment; and is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants. "Gift Card" means a physical or digital "closed-loop gift card" or "open-loop gift card" that is either activated or inactivated. "Gift Card Redemption Information" means information unique to each gift card which allows the cardholder to access, transfer, or spend the funds on that gift card. "Gift Card Seller" means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers. "Open-Loop Gift Card" means a card, code, or device that is issued to a consumer on a prepaid basis for goods, services, or credits in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment; and is redeemable upon presentation at multiple unaffiliated merchants for goods or services within the payment card network. "Value" means the monetary amount obtained, transferred, or redeemed using the gift card or the monetary amount attempted to be obtained, transferred, or redeemed using the gift card. §61-4A-2. Larceny involving gift cards. (a) Any person who, with the intent to defraud any other person or entity, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller and the value of the gift card or gift cards is less than $1,000 is guilty of the misdemeanor offense of petit larceny involving gift cards and upon conviction thereof shall be confined in jail for a term not to exceed one year or fined not more than $1,000, or both fined and confined. (b) Any person who, with the intent to defraud any other person or entity, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller and the value of the gift card or gift cards is greater than $1,000 is guilty of the felony offense of grand larceny involving gift cards and upon conviction thereof shall be imprisoned in a state correctional facility for a term not less than a year nor more than 10 years, or fined not more than $2,500, or both fined and imprisoned. §61-4A-3. Tampering involving gift cards. (a) Any person who, with the intent to defraud any other person or entity, alters or tampers with a gift card or its packaging and the value of the gift card or gift cards is less than $1,000 is guilty of the misdemeanor crime of tampering with a gift card and upon conviction thereof shall be confined in jail for a term not to exceed one year or fined not more than $1,000, or both fined and confined. (b) Any person who, with the intent to defraud any other person or entity, alters or tampers with a gift card or its packaging and the value of the gift card or gift cards is greater than $1,000 is guilty of the felony crime of tampering with a gift card and upon conviction thereof shall be imprisoned in a state correctional facility for a term not less than a year nor more than 10 years, or fined not more than $2,500, or both fined and imprisoned. (c) In determining the value of the gift card or gift cards in subsections (a) and (b) of this section, it is permissible to cumulate the value of multiple gift cards when such gift cards are part of a common scheme or plan. §61-4A-4. False pretenses involving gift cards. (a) Any person who, with intent to defraud any other person or entity, devises a scheme to obtain a gift card or gift card redemption information from a card holder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises, and the value of the gift card or gift cards is less than $1,000 is guilty of the misdemeanor crime of false pretenses involving a gift card and upon conviction thereof shall be confined in jail for a term not to exceed one year or fined not more than $1,000, or both fined and confined. (b) Any person who, with intent to defraud any other person or entity, devises a scheme to obtain a gift card or gift card redemption information from a card holder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises, and the value of the gift card or gift cards is greater than $1,000 is guilty of the felony crime of false pretenses involving a gift card and upon conviction thereof shall be imprisoned in a state correctional facility for not less than a year nor more than 10 years, or fined not more than $2,500, or both fined and imprisoned. (c) In determining the value of the gift card or gift cards in subsections (a) and (b) of this section, it is permissible to cumulate the value of multiple gift cards when such gift cards are part of a common scheme or plan. The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled. ............................................................... Clerk of the House of Delegates ............................................................... Clerk of the Senate Originated in the House of Delegates. In effect 90 days from passage. ............................................................... Speaker of the House of Delegates ............................................................... President of the Senate __________ The within is ................................................ this the........................................... Day of ..........................................................................................................., 2026. ............................................................. 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