SRC-CDH S.B. 1218 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1218
By: Patterson
Criminal Justice
3-21-97
As Filed


DIGEST 

Currently, Section 32.41 of the Penal Code defines the offense of passing
a bad check but does not define venue.  This legislation allows for the
collection of bad checks in the jurisdiction where the check is sent or
passed for payment.   

PURPOSE

As proposed, S.B. 1218 establishes the venue for the prosecution of the
offense of issuing a bad check. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 13, Code of Criminal Procedure, by adding
Article 13.26, as follows: 

Sec. 13.26.  ISSUANCE OF BAD CHECK.  Authorizes an offense under Section
32.41, Penal Code, regarding issuance of a bad check, notwithstanding
Articles 4.12 and 45.22, to be tried in any justice court precinct in the
county in which the offense was committed, or the victim of the alleged
offense received by mail or similar delivery service the check or similar
sight order issued or passed by the defendant. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date:  September 1, 1997.

SECTION 4. Emergency clause.