Texas 2017 - 85th Regular

Texas Senate Bill SB1121 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R8589 GRM-F
2	2	By: Garcia S.B. No. 1121
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the presumption of intent in the prosecution of certain
8	8	criminal cases involving theft by check or issuance of a bad check.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 31.06, Penal Code, is amended by
11	11	amending Subsection (a) and adding Subsection (g) to read as
12	12	follows:
13	13	(a) If the actor obtained property or secured performance of
14	14	service by issuing or passing a check or similar sight order for the
15	15	payment of money, when the issuer did not have sufficient funds in
16	16	or on deposit with the bank or other drawee for the payment in full
17	17	of the check or order as well as all other checks or orders then
18	18	outstanding, it is prima facie evidence of the issuer's intent to
19	19	deprive the owner of property under Section 31.03 (Theft) including
20	20	a drawee or third-party holder in due course who negotiated the
21	21	check or order or to avoid payment for service under Section 31.04
22	22	(Theft of Service) (except in the case of a postdated check or order
23	23	or of a check or order issued or passed in connection with a
24	24	consumer debt, an extension of consumer credit, or services related
25	25	to a consumer debt or an extension of consumer credit) if:
26	26	(1) the issuer had no account with the bank or other
27	27	drawee at the time the issuer issued the check or sight order; or
28	28	(2) payment was refused by the bank or other drawee for
29	29	lack of funds or insufficient funds, on presentation within 30 days
30	30	after issue, and the issuer failed to pay the holder in full within
31	31	10 days after receiving notice of that refusal.
32	32	(g) In this section:
33	33	(1) "Consumer debt" has the meaning assigned by
34	34	Section 392.001, Finance Code.
35	35	(2) "Extension of consumer credit" has the meaning
36	36	assigned by Section 393.001, Finance Code.
37	37	SECTION 2. Section 32.41, Penal Code, is amended by
38	38	amending Subsection (b) and adding Subsection (h) to read as
39	39	follows:
40	40	(b) This section does not prevent the prosecution from
41	41	establishing the required knowledge by direct evidence; however,
42	42	for purposes of this section, the issuer's knowledge of
43	43	insufficient funds is presumed (except in the case of a postdated
44	44	check or order or of a check or order issued or passed in connection
45	45	with a consumer debt, an extension of consumer credit, or services
46	46	related to a consumer debt or an extension of consumer credit) if:
47	47	(1) he had no account with the bank or other drawee at
48	48	the time he issued the check or order; or
49	49	(2) payment was refused by the bank or other drawee for
50	50	lack of funds or insufficient funds on presentation within 30 days
51	51	after issue and the issuer failed to pay the holder in full within
52	52	10 days after receiving notice of that refusal.
53	53	(h) In this section:
54	54	(1) "Consumer debt" has the meaning assigned by
55	55	Section 392.001, Finance Code.
56	56	(2) "Extension of consumer credit" has the meaning
57	57	assigned by Section 393.001, Finance Code.
58	58	SECTION 3. The changes in law made by this Act apply only to
59	59	an offense committed on or after the effective date of this Act. An
60	60	offense committed before the effective date of this Act is governed
61	61	by the law in effect on the date the offense was committed, and the
62	62	former law is continued in effect for that purpose. For purposes of
63	63	this section, an offense was committed before the effective date of
64	64	this Act if any element of the offense occurred before that date.
65	65	SECTION 4. This Act takes effect September 1, 2017.