75R11678 KEL-F By Hinojosa H.B. No. 3377 Substitute the following for H.B. No. 3377: By Reyna of Bexar C.S.H.B. No. 3377 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prima facie evidence of the offense of theft by check. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 31.06, Penal Code, is amended by amending 1-5 Subsection (a) and adding Subsection (g) to read as follows: 1-6 (a) If the actor obtained property by issuing or passing a 1-7 check or similar sight order for the payment of money, regardless 1-8 of whether the actor took possession of the property 1-9 contemporaneous to issuing or passing the check or sight order, or 1-10 if the actor secured performance of service by issuing or passing a 1-11 check or similar sight order for the payment of money, when the 1-12 issuer did not have sufficient funds in or on deposit with the bank 1-13 or other drawee for the payment in full of the check or order as 1-14 well as all other checks or orders then outstanding, it is prima 1-15 facie evidence of his intent to deprive the owner of property under 1-16 Section 31.03 (Theft) including a drawee or third-party holder in 1-17 due course who negotiated the check or to avoid payment for service 1-18 under Section 31.04 (Theft of Service) (except in the case of a 1-19 postdated check or order) if: 1-20 (1) he had no account with the bank or other drawee at 1-21 the time he issued the check or order; or 1-22 (2) payment was refused by the bank or other drawee 1-23 for lack of funds or insufficient funds, on presentation within 30 1-24 days after issue, and the issuer failed to pay the holder in full 2-1 within 10 days after receiving notice of that refusal. 2-2 (g) If the actor obtains property by promising the delivery 2-3 of a check or similar sight order by a certain date for the payment 2-4 of money, the actor's failure to deliver the check or order not 2-5 later than the seventh day after that date is prima facie evidence 2-6 of the actor's intent to deprive the owner of property under 2-7 Section 31.03. 2-8 SECTION 2. This Act takes effect September 1, 1997. The 2-9 change in law made by this Act applies only to an offense committed 2-10 on or after the effective date of this Act. An offense committed 2-11 before the effective date of this Act is covered by the law in 2-12 effect when the offense was committed, and the former law is 2-13 continued in effect for that purpose. For purposes of this 2-14 section, an offense was committed before the effective date of this 2-15 Act if any element of the offense occurred before that date. 2-16 SECTION 3. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.