By: Burton S.B. No. 1824
(In the Senate - Filed March 9, 2017; March 23, 2017, read
first time and referred to Committee on Criminal Justice;
April 26, 2017, reported favorably by the following vote: Yeas 8,
Nays 0; April 26, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to punishment for the offense of forgery and to a fee
imposed on certain defendants who commit the offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.21, Penal Code, is amended by
amending Subsections (d), (e), and (e-1) and adding Subsections
(e-2) and (g) to read as follows:
(d) Subject to Subsection (e-1), an [An] offense under this
section is a state jail felony if the writing is or purports to be a
will, codicil, deed, deed of trust, mortgage, security instrument,
security agreement, credit card, check, authorization to debit an
account at a financial institution, or similar sight order for
payment of money, contract, release, or other commercial
instrument.
(e) Subject to Subsection (e-1), an [An] offense under this
section is a felony of the third degree if the writing is or
purports to be:
(1) part of an issue of money, securities, postage or
revenue stamps;
(2) a government record listed in Section 37.01(2)(C);
or
(3) other instruments issued by a state or national
government or by a subdivision of either, or part of an issue of
stock, bonds, or other instruments representing interests in or
claims against another person.
(e-1) If it is shown on the trial of an offense under this
section that the actor engaged in the conduct to obtain or attempt
to obtain a property or service, an offense under this section is:
(1) a Class C misdemeanor if the value of the property
or service is less than $100;
(2) a Class B misdemeanor if the value of the property
or service is $100 or more but less than $750;
(3) a Class A misdemeanor if the value of the property
or service is $750 or more but less than $2,500;
(4) a state jail felony if the value of the property or
service is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the value of the
property or service is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the value of the
property or service is $150,000 or more but less than $300,000; and
(7) a felony of the first degree if the value of the
property or service is $300,000 or more.
(e-2) Notwithstanding any other provision of this section,
an [An] offense under this section, other than an offense described
for purposes of punishment by Subsection (e-1)(7), is increased to
the next higher category of offense if it is shown on the trial of
the offense that the offense was committed against an elderly
individual as defined by Section 22.04.
(g) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
SECTION 2. Article 102.0071, Code of Criminal Procedure, is
amended to read as follows:
Art. 102.0071. JUSTICE COURT DISHONORED CHECK OR SIMILAR
SIGHT ORDER. On conviction in justice court of an offense under
Section 32.41, Penal Code, or an offense under Section 31.03, [or]
31.04, or 32.21, Penal Code, in which it is shown that the defendant
committed the offense by issuing, [or] passing, or forging a check
or similar sight order, as defined by Section 1.07, Penal Code, that
was subsequently dishonored, the court may collect from the
defendant and pay to the holder of the check or order the fee
permitted by Section 3.506, Business & Commerce Code.
SECTION 3. The change in law made by this Act applies 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 when 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.
* * * * *