| 1 | 1 | | 86R11988 MAW-F |
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| 2 | 2 | | By: West S.B. No. 1684 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the punishment for the offense of forgery relating to a |
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| 8 | 8 | | writing of a metal recycling entity. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 32.21, Penal Code, is amended by |
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| 11 | 11 | | amending Subsection (e-2) and adding Subsection (e-3) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (e-2) Notwithstanding any other provision of this section, |
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| 14 | 14 | | an offense under this section is a state jail felony if the writing |
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| 15 | 15 | | is or purports to be a check, authorization to debit an account at a |
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| 16 | 16 | | financial institution, or similar sight order issued by a metal |
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| 17 | 17 | | recycling entity as defined by Section 1956.001, Occupations Code, |
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| 18 | 18 | | regardless of the value of any property or service obtained or |
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| 19 | 19 | | sought to be obtained. |
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| 20 | 20 | | (e-3) Notwithstanding any other provision of this section, |
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| 21 | 21 | | an offense under this section, other than an offense described for |
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| 22 | 22 | | purposes of punishment by Subsection (e-1)(7) or (e-2), is |
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| 23 | 23 | | increased to the next higher category of offense if it is shown on |
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| 24 | 24 | | the trial of the offense that the offense was committed against an |
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| 25 | 25 | | elderly individual as defined by Section 22.04. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to an offense committed on or after the effective date of this Act. |
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| 28 | 28 | | An offense committed before the effective date of this Act is |
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| 29 | 29 | | governed by the law in effect on the date the offense was committed, |
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| 30 | 30 | | and the former law is continued in effect for that purpose. For |
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| 31 | 31 | | purposes of this section, an offense was committed before the |
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| 32 | 32 | | effective date of this Act if any element of the offense occurred |
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| 33 | 33 | | before that date. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2019. |
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