| 1 | 1 | | 86R682 MEW-D |
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| 2 | 2 | | By: Hughes S.B. No. 2372 |
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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 fraudulent |
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| 8 | 8 | | destruction, removal, or concealment of a writing that is attached |
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| 9 | 9 | | to tangible property; enhancing a criminal penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 32.47, Penal Code, is amended by |
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| 12 | 12 | | amending Subsection (c) and adding Subsection (e) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (c) Except as provided by [in] Subsection (d), an offense |
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| 15 | 15 | | under this section is a Class A misdemeanor, provided that: |
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| 16 | 16 | | (1) the writing is not attached to tangible property |
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| 17 | 17 | | to indicate the price for the sale of that property; and |
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| 18 | 18 | | (2) the actor did not engage in the conduct described |
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| 19 | 19 | | by Subsection (a) with respect to that writing for the purpose of |
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| 20 | 20 | | obtaining the property for a lesser price indicated by a separate |
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| 21 | 21 | | writing. |
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| 22 | 22 | | (e) If at the time of the offense the writing was attached to |
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| 23 | 23 | | tangible property to indicate the price for the sale of that |
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| 24 | 24 | | property and the actor engaged in the conduct described by |
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| 25 | 25 | | Subsection (a) with respect to that writing for the purpose of |
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| 26 | 26 | | obtaining the property for a lesser price indicated by a separate |
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| 27 | 27 | | writing, an offense under this section is: |
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| 28 | 28 | | (1) a Class C misdemeanor if the difference between |
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| 29 | 29 | | the impaired writing and the lesser price indicated by the other |
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| 30 | 30 | | writing is less than $100; |
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| 31 | 31 | | (2) a Class B misdemeanor if the difference between |
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| 32 | 32 | | the impaired writing and the lesser price indicated by the other |
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| 33 | 33 | | writing is $100 or more but less than $750; |
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| 34 | 34 | | (3) a Class A misdemeanor if the difference between |
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| 35 | 35 | | the impaired writing and the lesser price indicated by the other |
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| 36 | 36 | | writing is $750 or more but less than $2,500; |
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| 37 | 37 | | (4) a state jail felony if the difference between the |
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| 38 | 38 | | impaired writing and the lesser price indicated by the other |
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| 39 | 39 | | writing is $2,500 or more but less than $30,000; |
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| 40 | 40 | | (5) a felony of the third degree if the difference |
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| 41 | 41 | | between the impaired writing and the lesser price indicated by the |
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| 42 | 42 | | other writing is $30,000 or more but less than $150,000; |
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| 43 | 43 | | (6) a felony of the second degree if the difference |
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| 44 | 44 | | between the impaired writing and the lesser price indicated by the |
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| 45 | 45 | | other writing is $150,000 or more but less than $300,000; or |
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| 46 | 46 | | (7) a felony of the first degree if the difference |
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| 47 | 47 | | between the impaired writing and the lesser price indicated by the |
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| 48 | 48 | | other writing is $300,000 or more. |
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| 49 | 49 | | SECTION 2. The change in law made by this Act applies only |
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| 50 | 50 | | to an offense committed on or after the effective date of this Act. |
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| 51 | 51 | | An offense committed before the effective date of this Act is |
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| 52 | 52 | | governed by the law in effect on the date the offense was committed, |
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| 53 | 53 | | and the former law is continued in effect for that purpose. For |
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| 54 | 54 | | purposes of this section, an offense was committed before the |
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| 55 | 55 | | effective date of this Act if any element of the offense occurred |
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| 56 | 56 | | before that date. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2019. |
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