Texas Senate Bill SB909

Texas 2019 - 86th Regular

Caption

Relating to the prosecution of certain criminal offenses involving fraud.

Impact

The amendments made by SB909 are expected to significantly impact how fraud cases are prosecuted in Texas. By simplifying judicial processes and reducing the burden of proof on prosecutors regarding the defendant's intent to defraud, the bill aims to deter fraudulent activities and increase conviction rates for offenses involving credit and debit cards. As a result, individuals and entities engaged in these fraudulent activities may find themselves facing harsher consequences, potentially leading to a decrease in such crimes statewide.

Summary

Senate Bill 909 is focused on the prosecution of certain criminal offenses involving fraud, specifically targeting issues related to credit and debit card abuse. The bill amends various sections of the Penal Code and the Code of Criminal Procedure to enhance the prosecution of offenses concerning the unauthorized use and possession of identifying information. One notable aspect introduced by the bill is that it allows for a more streamlined prosecution process, enabling cases to be heard in any county where the offense occurred or where the victim resides, thus enhancing the legal framework around these types of crimes.

Contention

Despite its intentions to strengthen the legal stance against fraudulent activities, SB909 has faced scrutiny from some legislators and advocacy groups who express concerns about the implications for due process. Critics argue that the amendments may undermine the rights of defendants by lowering the threshold for proving lack of consent in fraudulent cases. This contention reflects a broader debate over balancing the need for effective legal mechanisms against fraud with the preservation of defendants' rights in the justice system.