| 2 | 7 | | |
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| 3 | 8 | | |
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| 4 | 9 | | A BILL TO BE ENTITLED |
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| 5 | 10 | | AN ACT |
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| 6 | 11 | | relating to punishment for the offense of forgery and to a fee |
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| 7 | 12 | | imposed on certain defendants who commit the offense. |
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| 8 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 14 | | SECTION 1. Section 32.21, Penal Code, is amended by |
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| 10 | 15 | | amending Subsections (d), (e), and (e-1) and adding Subsections |
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| 11 | 16 | | (e-2) and (g) to read as follows: |
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| 12 | 17 | | (d) Subject to Subsection (e-1), an [An] offense under this |
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| 13 | 18 | | section is a state jail felony if the writing is or purports to be a |
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| 14 | 19 | | will, codicil, deed, deed of trust, mortgage, security instrument, |
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| 15 | 20 | | security agreement, credit card, check, authorization to debit an |
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| 16 | 21 | | account at a financial institution, or similar sight order for |
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| 17 | 22 | | payment of money, contract, release, or other commercial |
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| 18 | 23 | | instrument. |
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| 19 | 24 | | (e) Subject to Subsection (e-1), an [An] offense under this |
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| 20 | 25 | | section is a felony of the third degree if the writing is or |
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| 21 | 26 | | purports to be: |
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| 22 | 27 | | (1) part of an issue of money, securities, postage or |
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| 23 | 28 | | revenue stamps; |
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| 24 | 29 | | (2) a government record listed in Section 37.01(2)(C); |
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| 25 | 30 | | or |
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| 26 | 31 | | (3) other instruments issued by a state or national |
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| 27 | 32 | | government or by a subdivision of either, or part of an issue of |
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| 28 | 33 | | stock, bonds, or other instruments representing interests in or |
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| 29 | 34 | | claims against another person. |
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| 30 | 35 | | (e-1) If it is shown on the trial of an offense under this |
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| 31 | 36 | | section that the actor engaged in the conduct to obtain or attempt |
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| 32 | 37 | | to obtain a property or service, an offense under this section is: |
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| 33 | 38 | | (1) a Class C misdemeanor if the value of the property |
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| 34 | 39 | | or service is less than $100; |
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| 35 | 40 | | (2) a Class B misdemeanor if the value of the property |
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| 36 | 41 | | or service is $100 or more but less than $750; |
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| 37 | 42 | | (3) a Class A misdemeanor if the value of the property |
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| 38 | 43 | | or service is $750 or more but less than $2,500; |
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| 39 | 44 | | (4) a state jail felony if the value of the property or |
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| 40 | 45 | | service is $2,500 or more but less than $30,000; |
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| 41 | 46 | | (5) a felony of the third degree if the value of the |
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| 42 | 47 | | property or service is $30,000 or more but less than $150,000; |
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| 43 | 48 | | (6) a felony of the second degree if the value of the |
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| 44 | 49 | | property or service is $150,000 or more but less than $300,000; and |
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| 45 | 50 | | (7) a felony of the first degree if the value of the |
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| 46 | 51 | | property or service is $300,000 or more. |
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| 47 | 52 | | (e-2) Notwithstanding any other provision of this section, |
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| 48 | 53 | | an [An] offense under this section, other than an offense described |
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| 49 | 54 | | for purposes of punishment by Subsection (e-1)(7), is increased to |
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| 50 | 55 | | the next higher category of offense if it is shown on the trial of |
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| 51 | 56 | | the offense that the offense was committed against an elderly |
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| 52 | 57 | | individual as defined by Section 22.04. |
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| 53 | 58 | | (g) If conduct that constitutes an offense under this |
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| 54 | 59 | | section also constitutes an offense under any other law, the actor |
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| 55 | 60 | | may be prosecuted under this section or the other law. |
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| 56 | 61 | | SECTION 2. Article 102.0071, Code of Criminal Procedure, is |
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| 57 | 62 | | amended to read as follows: |
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| 58 | 63 | | Art. 102.0071. JUSTICE COURT DISHONORED CHECK OR SIMILAR |
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| 59 | 64 | | SIGHT ORDER. On conviction in justice court of an offense under |
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| 60 | 65 | | Section 32.41, Penal Code, or an offense under Section 31.03, [or] |
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| 61 | 66 | | 31.04, or 32.21, Penal Code, in which it is shown that the defendant |
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| 62 | 67 | | committed the offense by issuing, [or] passing, or forging a check |
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| 63 | 68 | | or similar sight order, as defined by Section 1.07, Penal Code, that |
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| 64 | 69 | | was subsequently dishonored, the court may collect from the |
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| 65 | 70 | | defendant and pay to the holder of the check or order the fee |
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| 66 | 71 | | permitted by Section 3.506, Business & Commerce Code. |
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| 67 | 72 | | SECTION 3. The change in law made by this Act applies only |
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| 68 | 73 | | to an offense committed on or after the effective date of this Act. |
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| 69 | 74 | | An offense committed before the effective date of this Act is |
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| 70 | 75 | | governed by the law in effect when the offense was committed, and |
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| 71 | 76 | | the former law is continued in effect for that purpose. For |
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| 72 | 77 | | purposes of this section, an offense was committed before the |
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| 73 | 78 | | effective date of this Act if any element of the offense occurred |
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| 74 | 79 | | before that date. |
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| 75 | 80 | | SECTION 4. This Act takes effect September 1, 2017. |
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