Legislation expanding Delaware’s credit card fraud statute to include debit, food benefits and other payment cards passed the House Tuesday, despite concerns from a few lawmakers.
Currently, state code only covers credit cards; meaning defendants accused of violations with other cards face lesser charges on other minor offenses
Rep. John Kowalko (D-Newark South) and Rep. Charles Potter (D-Wilmington North) voted no. Rep. Paul Baumbach (D-Newark) abstained from voting.
Baumbach says he and Kowalko are specifically concerned about including EBT, or food benefit cards.
“I think the EBT issues – because the EBT [cards] are lumped in with the debit cards and credit cards – was probably an overreach in hindsight. Given that EBT misuse is covered in another section of the code, I don’t think it was necessary to get added into this bill," said Baumbach. “It’s not double jeopardy, but we’re saying there’s two different ways to pick on alleged offenders of this. This is already a population that is economically challenged. I don’t think they need any additional hurdles.”
But, Baumbach says he fully supports targeting debit card offenders.
State senators will get their chance to weigh in on the proposal next.