Bill Text: TX SB1824 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to punishment for the offense of forgery and to a fee imposed on certain defendants who commit the offense.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-09 - Referred to Criminal Jurisprudence [SB1824 Detail]
Download: Texas-2017-SB1824-Engrossed.html
By: Burton, Garcia | S.B. No. 1824 |
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relating to punishment for the offense of forgery and to a fee | ||
imposed on certain defendants who commit the offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 32.21, Penal Code, is amended by | ||
amending Subsections (d), (e), and (e-1) and adding Subsections | ||
(e-2) and (g) to read as follows: | ||
(d) Subject to Subsection (e-1), an [ |
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section is a state jail felony if the writing is or purports to be a | ||
will, codicil, deed, deed of trust, mortgage, security instrument, | ||
security agreement, credit card, check, authorization to debit an | ||
account at a financial institution, or similar sight order for | ||
payment of money, contract, release, or other commercial | ||
instrument. | ||
(e) Subject to Subsection (e-1), an [ |
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section is a felony of the third degree if the writing is or | ||
purports to be: | ||
(1) part of an issue of money, securities, postage or | ||
revenue stamps; | ||
(2) a government record listed in Section 37.01(2)(C); | ||
or | ||
(3) other instruments issued by a state or national | ||
government or by a subdivision of either, or part of an issue of | ||
stock, bonds, or other instruments representing interests in or | ||
claims against another person. | ||
(e-1) If it is shown on the trial of an offense under this | ||
section that the actor engaged in the conduct to obtain or attempt | ||
to obtain a property or service, an offense under this section is: | ||
(1) a Class C misdemeanor if the value of the property | ||
or service is less than $100; | ||
(2) a Class B misdemeanor if the value of the property | ||
or service is $100 or more but less than $750; | ||
(3) a Class A misdemeanor if the value of the property | ||
or service is $750 or more but less than $2,500; | ||
(4) a state jail felony if the value of the property or | ||
service is $2,500 or more but less than $30,000; | ||
(5) a felony of the third degree if the value of the | ||
property or service is $30,000 or more but less than $150,000; | ||
(6) a felony of the second degree if the value of the | ||
property or service is $150,000 or more but less than $300,000; and | ||
(7) a felony of the first degree if the value of the | ||
property or service is $300,000 or more. | ||
(e-2) Notwithstanding any other provision of this section, | ||
an [ |
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for purposes of punishment by Subsection (e-1)(7), is increased to | ||
the next higher category of offense if it is shown on the trial of | ||
the offense that the offense was committed against an elderly | ||
individual as defined by Section 22.04. | ||
(g) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section or the other law. | ||
SECTION 2. Article 102.0071, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 102.0071. JUSTICE COURT DISHONORED CHECK OR SIMILAR | ||
SIGHT ORDER. On conviction in justice court of an offense under | ||
Section 32.41, Penal Code, or an offense under Section 31.03, [ |
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31.04, or 32.21, Penal Code, in which it is shown that the defendant | ||
committed the offense by issuing, [ |
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or similar sight order, as defined by Section 1.07, Penal Code, that | ||
was subsequently dishonored, the court may collect from the | ||
defendant and pay to the holder of the check or order the fee | ||
permitted by Section 3.506, Business & Commerce Code. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect when the offense was committed, and | ||
the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 4. This Act takes effect September 1, 2017. |