Texas Senate Bill SB821

Texas 2013 - 83rd Regular

Caption

Relating to the prosecution of certain criminal offenses involving theft or involving fraud or other deceptive practices.

Impact

The bill introduces additional court costs associated with the conviction for issuing bad checks, which may result in increased financial liabilities for offenders. These costs include administrative fees imposed by justice courts, aimed at covering the expenses incurred during the collection and processing of such offenses. By setting these fees, the bill not only accounts for the economic aspect of fraud-related crimes but also seeks to alleviate some financial pressures on state resources involved in prosecuting these offenders.

Summary

SB821 is a legislative measure that focuses on the prosecution of offenses related to theft, specifically those involving the issuance of bad checks or similar sight orders. The bill intends to amend existing statutes under the Penal Code, enhancing the legal framework for handling cases where individuals issue checks without sufficient funds in their accounts. Notably, the amended law establishes a presumption of intent to commit theft if a check is returned due to insufficient funds, simplifying the prosecution's burden of proof in such cases.

Contention

A significant point of contention surrounding SB821 pertains to the balance between imposing necessary penalties and ensuring fairness in the judicial process. Critics argue that the increased financial penalties could disproportionately affect lower-income individuals who might inadvertently issue a bad check. Concerns have been raised that such measures could lead to a cycle of debt and further entrench systemic inequalities in the justice system, challenging the bill's supporters to ensure that the law does not become excessively punitive towards vulnerable populations.