| 1 | 1 | | 84R9754 DDT-F |
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| 2 | 2 | | By: Garcia S.B. No. 1486 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the presumption of intent in the prosecution of certain |
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| 8 | 8 | | criminal cases involving theft by check or issuance of a bad check. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 31.06(a), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (a) If the actor obtained property or secured performance of |
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| 13 | 13 | | service by issuing or passing a check or similar sight order for the |
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| 14 | 14 | | payment of money, when the issuer did not have sufficient funds in |
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| 15 | 15 | | or on deposit with the bank or other drawee for the payment in full |
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| 16 | 16 | | of the check or order as well as all other checks or orders then |
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| 17 | 17 | | outstanding, it is prima facie evidence of the issuer's intent to |
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| 18 | 18 | | deprive the owner of property under Section 31.03 (Theft) including |
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| 19 | 19 | | a drawee or third-party holder in due course who negotiated the |
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| 20 | 20 | | check or order or to avoid payment for service under Section 31.04 |
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| 21 | 21 | | (Theft of Service) (except in the case of a postdated check or order |
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| 22 | 22 | | or of a check or order given in connection with a consumer debt, an |
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| 23 | 23 | | extension of consumer credit, or services related to a consumer |
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| 24 | 24 | | debt or an extension of consumer credit) if: |
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| 25 | 25 | | (1) the issuer had no account with the bank or other |
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| 26 | 26 | | drawee at the time the issuer issued the check or sight order; or |
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| 27 | 27 | | (2) payment was refused by the bank or other drawee for |
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| 28 | 28 | | lack of funds or insufficient funds, on presentation within 30 days |
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| 29 | 29 | | after issue, and the issuer failed to pay the holder in full within |
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| 30 | 30 | | 10 days after receiving notice of that refusal. |
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| 31 | 31 | | SECTION 2. Section 32.41(b), Penal Code, is amended to read |
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| 32 | 32 | | as follows: |
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| 33 | 33 | | (b) This section does not prevent the prosecution from |
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| 34 | 34 | | establishing the required knowledge by direct evidence; however, |
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| 35 | 35 | | for purposes of this section, the issuer's knowledge of |
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| 36 | 36 | | insufficient funds is presumed (except in the case of a postdated |
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| 37 | 37 | | check or order or of a check or order given in connection with a |
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| 38 | 38 | | consumer debt, an extension of consumer credit, or services related |
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| 39 | 39 | | to a consumer debt or an extension of consumer credit) if: |
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| 40 | 40 | | (1) he had no account with the bank or other drawee at |
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| 41 | 41 | | the time he issued the check or order; or |
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| 42 | 42 | | (2) payment was refused by the bank or other drawee for |
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| 43 | 43 | | lack of funds or insufficient funds on presentation within 30 days |
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| 44 | 44 | | after issue and the issuer failed to pay the holder in full within |
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| 45 | 45 | | 10 days after receiving notice of that refusal. |
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| 46 | 46 | | SECTION 3. The change in law made by this Act applies only |
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| 47 | 47 | | to an offense committed on or after the effective date of this Act. |
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| 48 | 48 | | An offense committed before the effective date of this Act is |
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| 49 | 49 | | governed by the law in effect on the date the offense was committed, |
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| 50 | 50 | | and the former law is continued in effect for that purpose. For |
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| 51 | 51 | | purposes of this section, an offense was committed before the |
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| 52 | 52 | | effective date of this Act if any element of the offense occurred |
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| 53 | 53 | | before that date. |
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| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2015. |
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