85R8589 GRM-F
By: Garcia S.B. No. 1121
A BILL TO BE ENTITLED
AN ACT
relating to the presumption of intent in the prosecution of certain
criminal cases involving theft by check or issuance of a bad check.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.06, Penal Code, is amended by
amending Subsection (a) and adding Subsection (g) to read as
follows:
(a) If the actor obtained property or secured performance of
service by issuing or passing a check or similar sight order for the
payment of money, when the issuer did not have sufficient funds in
or on deposit with the bank or other drawee for the payment in full
of the check or order as well as all other checks or orders then
outstanding, it is prima facie evidence of the issuer's intent to
deprive the owner of property under Section 31.03 (Theft) including
a drawee or third-party holder in due course who negotiated the
check or order or to avoid payment for service under Section 31.04
(Theft of Service) (except in the case of a postdated check or order
or of a check or order issued or passed in connection with a
consumer debt, an extension of consumer credit, or services related
to a consumer debt or an extension of consumer credit) if:
(1) the issuer had no account with the bank or other
drawee at the time the issuer issued the check or sight order; or
(2) payment was refused by the bank or other drawee for
lack of funds or insufficient funds, on presentation within 30 days
after issue, and the issuer failed to pay the holder in full within
10 days after receiving notice of that refusal.
(g) In this section:
(1) "Consumer debt" has the meaning assigned by
Section 392.001, Finance Code.
(2) "Extension of consumer credit" has the meaning
assigned by Section 393.001, Finance Code.
SECTION 2. Section 32.41, Penal Code, is amended by
amending Subsection (b) and adding Subsection (h) to read as
follows:
(b) This section does not prevent the prosecution from
establishing the required knowledge by direct evidence; however,
for purposes of this section, the issuer's knowledge of
insufficient funds is presumed (except in the case of a postdated
check or order or of a check or order issued or passed in connection
with a consumer debt, an extension of consumer credit, or services
related to a consumer debt or an extension of consumer credit) if:
(1) he had no account with the bank or other drawee at
the time he issued the check or order; or
(2) payment was refused by the bank or other drawee for
lack of funds or insufficient funds on presentation within 30 days
after issue and the issuer failed to pay the holder in full within
10 days after receiving notice of that refusal.
(h) In this section:
(1) "Consumer debt" has the meaning assigned by
Section 392.001, Finance Code.
(2) "Extension of consumer credit" has the meaning
assigned by Section 393.001, Finance Code.
SECTION 3. The changes in law made by this Act apply 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 on the date 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.