4 | 7 | | |
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5 | 8 | | |
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6 | 9 | | A BILL TO BE ENTITLED |
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7 | 10 | | AN ACT |
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8 | 11 | | relating to increasing the criminal penalties for forgery. |
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9 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 13 | | SECTION 1. Sections 32.21(c), (d), (e), (e-1), and (e-2), |
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11 | 14 | | Penal Code, are amended to read as follows: |
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12 | 15 | | (c) Except as provided by Subsections (d), (e), and (e-1), |
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13 | 16 | | an offense under this section is a state jail felony [Class A |
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14 | 17 | | misdemeanor]. |
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15 | 18 | | (d) Subject to Subsection (e-1), an offense under this |
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16 | 19 | | section is a [state jail] felony of the third degree if the writing |
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17 | 20 | | is or purports to be a will, codicil, deed, deed of trust, mortgage, |
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18 | 21 | | security instrument, security agreement, credit card, check, |
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19 | 22 | | authorization to debit an account at a financial institution, or |
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20 | 23 | | similar sight order for payment of money, contract, release, or |
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21 | 24 | | other commercial instrument. |
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22 | 25 | | (e) Subject to Subsection (e-1), an offense under this |
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23 | 26 | | section is a felony of the second [third] degree if the writing is |
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24 | 27 | | or purports to be: |
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25 | 28 | | (1) part of an issue of money, securities, postage or |
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26 | 29 | | revenue stamps; |
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27 | 30 | | (2) a government record listed in Section 37.01(2)(C); |
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28 | 31 | | or |
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29 | 32 | | (3) other instruments issued by a state or national |
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30 | 33 | | government or by a subdivision of either, or part of an issue of |
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31 | 34 | | stock, bonds, or other instruments representing interests in or |
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32 | 35 | | claims against another person. |
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33 | 36 | | (e-1) If it is shown on the trial of an offense under this |
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34 | 37 | | section that the actor engaged in the conduct to obtain or attempt |
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35 | 38 | | to obtain a property or service, an offense under this section is: |
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36 | 39 | | (1) a Class B [C] misdemeanor if the value of the |
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37 | 40 | | property or service is less than $100; |
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38 | 41 | | (2) a Class A [B] misdemeanor if the value of the |
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39 | 42 | | property or service is $100 or more but less than $750; |
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40 | 43 | | (3) a state jail felony [Class A misdemeanor] if the |
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41 | 44 | | value of the property or service is $750 or more but less than |
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42 | 45 | | $2,500; |
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43 | 46 | | (4) a [state jail] felony of the third degree if the |
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44 | 47 | | value of the property or service is $2,500 or more but less than |
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45 | 48 | | $30,000; |
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46 | 49 | | (5) a felony of the second [third] degree if the value |
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47 | 50 | | of the property or service is $30,000 or more but less than |
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48 | 51 | | $150,000; and |
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49 | 52 | | (6) a felony of the first [second] degree if the value |
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50 | 53 | | of the property or service is $150,000 or more [but less than |
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51 | 54 | | $300,000; and |
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52 | 55 | | [(7) a felony of the first degree if the value of the |
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53 | 56 | | property or service is $300,000 or more]. |
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54 | 57 | | (e-2) Notwithstanding any other provision of this section, |
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55 | 58 | | an offense under this section, other than an offense described for |
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56 | 59 | | purposes of punishment by Subsection (e-1)(6) [(e-1)(7)], is |
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57 | 60 | | increased to the next higher category of offense if it is shown on |
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58 | 61 | | the trial of the offense that the offense was committed against an |
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59 | 62 | | elderly individual as defined by Section 22.04. |
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60 | 63 | | SECTION 2. The change in law made by this Act applies only |
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61 | 64 | | to an offense committed on or after the effective date of this Act. |
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62 | 65 | | An offense committed before the effective date of this Act is |
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63 | 66 | | governed by the law in effect on the date the offense was committed, |
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64 | 67 | | and the former law is continued in effect for that purpose. For |
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65 | 68 | | purposes of this section, an offense was committed before the |
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66 | 69 | | effective date of this Act if any element of the offense occurred |
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67 | 70 | | before that date. |
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68 | 71 | | SECTION 3. This Act takes effect September 1, 2025. |
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