Texas 2023 - 88th Regular

Texas Senate Bill SB688

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the prosecution of the offense of forgery.

Impact

If enacted, SB688 will directly influence the enforcement and prosecution of forgery-related offenses in Texas. The changes are significant as they not only define the legal landscape around the handling of forgery cases but also establish clearer guidelines for law enforcement and judicial proceedings. This bill is expected to aid in combating the increasing instances of financial fraud by providing a stronger basis for charges of forgery, especially in cases involving forged currency. It signifies a proactive approach in addressing financial crimes and enhancing public confidence in legal protections against such offenses.

Summary

Senate Bill 688 (SB688) proposes amendments to the Texas Penal Code relating to the prosecution of forgery. Specifically, it introduces a presumption that an individual in possession of forged money intended to acquire property or services equal to the total claimed value of that forged currency. This legal clarification aims to streamline prosecution by establishing clearer intent criteria for judges and juries when dealing with cases of forged currency, essentially closing loopholes that may have previously complicated legal outcomes in such cases.

Sentiment

The sentiment surrounding SB688 appears to be largely favorable among legislative members who view it as a necessary update to existing laws. Supporters argue that the bill simplifies the legal process and enhances the state’s ability to prosecutes forgery related offenses effectively. There is an understanding that as financial fraud evolves, so too must the legislative framework that governs it. However, caution is advised by some stakeholders concerned about the implications of the presumptions introduced by the bill, which they fear may lead to wrongful accusations without sufficient evidence of intent.

Contention

Debate regarding SB688 does include notable points of contention, primarily centered around the presumption of intent. Critics argue that presuming intent could lead to unfair treatment of individuals accused of possessing forged currency, particularly in situations where the accused may have unknowingly received it. Thus, the bill may impact the balance between efficient prosecution and protecting individual rights. Legislators must consider these factors in future discussions to ensure that the law effectively deters financial crime without inadvertently infringing upon civil liberties.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 32. Fraud
    • Section: 21

Companion Bills

TX HB1910

Identical Relating to the prosecution of the offense of forgery.

Similar Bills

No similar bills found.