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A BILL TO BE ENTITLED
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AN ACT
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relating to the presumption of intent in the prosecution of certain |
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criminal cases involving theft by check or issuance of a bad check. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.06(a), Penal Code, is amended to read |
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as follows: |
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(a) If the actor obtained property or secured performance of |
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service by issuing or passing a check or similar sight order for the |
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payment of money, when the issuer did not have sufficient funds in |
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or on deposit with the bank or other drawee for the payment in full |
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of the check or order as well as all other checks or orders then |
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outstanding, it is prima facie evidence of the issuer's intent to |
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deprive the owner of property under Section 31.03 (Theft) including |
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a drawee or third-party holder in due course who negotiated the |
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check or order or to avoid payment for service under Section 31.04 |
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(Theft of Service) (except in the case of a postdated check or order |
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or of a check or order given in connection with a consumer debt, an |
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extension of consumer credit, or services related to a consumer |
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debt or an extension of consumer credit) if: |
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(1) the issuer had no account with the bank or other |
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drawee at the time the issuer issued the check or sight order; or |
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(2) payment was refused by the bank or other drawee for |
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lack of funds or insufficient funds, on presentation within 30 days |
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after issue, and the issuer failed to pay the holder in full within |
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10 days after receiving notice of that refusal. |
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SECTION 2. Section 32.41(b), Penal Code, is amended to read |
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as follows: |
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(b) This section does not prevent the prosecution from |
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establishing the required knowledge by direct evidence; however, |
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for purposes of this section, the issuer's knowledge of |
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insufficient funds is presumed (except in the case of a postdated |
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check or order or of a check or order given in connection with a |
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consumer debt, an extension of consumer credit, or services related |
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to a consumer debt or an extension of consumer credit) if: |
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(1) he had no account with the bank or other drawee at |
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the time he issued the check or order; or |
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(2) payment was refused by the bank or other drawee for |
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lack of funds or insufficient funds on presentation within 30 days |
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after issue and the issuer failed to pay the holder in full within |
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10 days after receiving notice of that refusal. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |