Texas Senate Bill SB1121

Texas 2017 - 85th Regular

Caption

Relating to the presumption of intent in the prosecution of certain criminal cases involving theft by check or issuance of a bad check.

Impact

The bill's impact is particularly relevant in cases of check fraud where the prosecution often needs to prove that the issuer acted with intent. By allowing for a presumption of intent in cases where there are insufficient funds, SB1121 is designed to facilitate smoother legal proceedings and enhance enforcement against check-related crimes. This adjustment focuses on maintaining efficient judicial processes by reducing the evidentiary burden for prosecutors in these theft cases.

Summary

SB1121 amends existing sections of the Texas Penal Code that pertain to the prosecution of theft cases involving checks that have insufficient funds. Specifically, it modifies the presumption of intent regarding the issuer of a check. Under the amended law, if an individual issues a check without sufficient funds in their account at the time of issuance, it establishes clear prima facie evidence of intent to deprive the owner of property unless proven otherwise. This change aims to streamline the prosecution of such cases by clarifying the conditions under which intent can be presumed.

Contention

Notable points of contention surrounding SB1121 include concerns about potential overreach in criminalizing behaviors that might not necessarily indicate fraudulent intent. Critics argue that there may be legitimate reasons for insufficient funds, such as banking errors or delays in deposit clearance, which the new presumption does not account for. Additionally, the bill has prompted discussions about fairness in how individuals are prosecuted under these amended standards, especially those who might be facing economic hardship.

Legal_notes

The amendments include specific exceptions for cases involving consumer debt and extensions of consumer credit, reinforcing the need for careful legal consideration in cases that might involve complex financial transactions. Importantly, SB1121 states that its changes apply only to offenses committed on or after the effective date of the law, thus preserving the legal standing of cases that occurred under previous statutes.