By Patterson                                    S.B. No. 1218

      75R7050 JMC-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to venue in the prosecution of the offense of issuing a

 1-3     bad check.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 13, Code of Criminal Procedure, is

 1-6     amended by adding Article 13.26 to read as follows:

 1-7           Art. 13.26.  ISSUANCE OF BAD CHECK.  Notwithstanding Articles

 1-8     4.12 and 45.22, an offense under Section 32.41, Penal Code, may be

 1-9     tried in any justice court precinct in the county in which:

1-10                 (1)  the offense was committed; or

1-11                 (2)  the victim of the alleged offense received by mail

1-12     or similar delivery service the check or similar sight order issued

1-13     or passed by the defendant.

1-14           SECTION 2.  (a)  Article 13.26, Code of Criminal Procedure,

1-15     as added by this Act, applies only to the venue for the trial of an

1-16     offense committed on or after the effective date of this Act.  For

1-17     purposes of this section, an offense is committed before the

1-18     effective date of this Act if any element of the offense occurs

1-19     before that date.

1-20           (b)  Venue for the trial of an offense committed before the

1-21     effective date of this Act is covered by the law in effect when the

1-22     offense was committed, and the former law is continued in effect

1-23     for that purpose.

1-24           SECTION 3.  This Act takes effect September 1, 1997.

 2-1           SECTION 4.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended.