| 1 | | - | H.B. No. 2624 |
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| 1 | + | By: Perez, et al. (Senate Sponsor - Zaffirini) H.B. No. 2624 |
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| 2 | + | (In the Senate - Received from the House April 26, 2019; |
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| 3 | + | April 29, 2019, read first time and referred to Committee on |
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| 4 | + | Criminal Justice; May 9, 2019, reported favorably by the following |
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| 5 | + | vote: Yeas 5, Nays 0; May 9, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the prosecution of certain criminal offenses involving |
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| 6 | 12 | | fraud. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Chapter 13, Code of Criminal Procedure, is |
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| 9 | 15 | | amended by adding Article 13.291 to read as follows: |
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| 10 | 16 | | Art. 13.291. CREDIT CARD OR DEBIT CARD ABUSE. An offense |
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| 11 | 17 | | under Section 32.31, Penal Code, may be prosecuted in any county in |
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| 12 | 18 | | which the offense was committed or in the county of residence for |
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| 13 | 19 | | any person whose credit card or debit card was unlawfully possessed |
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| 14 | 20 | | or used by the defendant. |
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| 15 | 21 | | SECTION 2. Article 38.19, Code of Criminal Procedure, is |
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| 16 | 22 | | amended to read as follows: |
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| 17 | 23 | | Art. 38.19. INTENT TO DEFRAUD: CERTAIN OFFENSES [IN |
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| 18 | 24 | | FORGERY]. (a) This article applies to the trial of an offense under |
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| 19 | 25 | | any of the following sections of the Penal Code: |
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| 20 | 26 | | (1) Section 32.21 (Forgery); |
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| 21 | 27 | | (2) Section 32.31 (Credit Card or Debit Card Abuse); |
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| 22 | 28 | | or |
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| 23 | 29 | | (3) Section 32.51 (Fraudulent Use or Possession of |
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| 24 | 30 | | Identifying Information). |
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| 25 | 31 | | (b) In the trial [trials] of an offense to which this |
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| 26 | 32 | | article applies [forgery], the attorney representing the state is |
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| 27 | 33 | | not required to prove [it need not be proved] that the defendant |
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| 28 | 34 | | committed the act with intent to defraud any particular person. It |
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| 29 | 35 | | is [shall be] sufficient to prove that the offense [forgery] was, in |
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| 30 | 36 | | its nature, calculated to injure or defraud any of the |
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| 31 | 37 | | sovereignties, bodies corporate or politic, officers or persons, |
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| 32 | 38 | | named in the definition of the offense [forgery] in the Penal Code. |
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| 33 | 39 | | SECTION 3. The change in law made by this Act applies only |
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| 34 | 40 | | to a criminal proceeding that commences on or after the effective |
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| 35 | 41 | | date of this Act. A criminal proceeding that commenced before the |
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| 36 | 42 | | effective date of this Act is governed by the law in effect on the |
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| 37 | 43 | | date the proceeding commenced, and the former law is continued in |
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| 38 | 44 | | effect for that purpose. |
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| 39 | 45 | | SECTION 4. This Act takes effect September 1, 2019. |
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| 40 | | - | ______________________________ ______________________________ |
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| 41 | | - | President of the Senate Speaker of the House |
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| 42 | | - | I certify that H.B. No. 2624 was passed by the House on April |
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| 43 | | - | 25, 2019, by the following vote: Yeas 135, Nays 0, 1 present, not |
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| 44 | | - | voting. |
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| 45 | | - | ______________________________ |
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| 46 | | - | Chief Clerk of the House |
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| 47 | | - | I certify that H.B. No. 2624 was passed by the Senate on May |
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| 48 | | - | 15, 2019, by the following vote: Yeas 31, Nays 0. |
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| 49 | | - | ______________________________ |
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| 50 | | - | Secretary of the Senate |
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| 51 | | - | APPROVED: _____________________ |
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| 52 | | - | Date |
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| 53 | | - | _____________________ |
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| 54 | | - | Governor |
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| 46 | + | * * * * * |
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