1-1     By:  Patterson                                        S.B. No. 1218

 1-2           (In the Senate - Filed March 12, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on Criminal Justice;

 1-4     April 10, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 10, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1218               By:  Patterson

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to venue in the prosecution of the offense of issuing a

1-11     bad check.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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

1-14     amended by adding Article 13.26 to read as follows:

1-15           Art. 13.26.  ISSUANCE OF BAD CHECK.  Notwithstanding Articles

1-16     4.12 and 45.22, an offense under Section 32.41, Penal Code, may be

1-17     tried in any justice court precinct in the county in which the

1-18     offense was committed or, if the victim of the alleged offense

1-19     receives by mail or similar delivery service the check or similar

1-20     sight order issued or passed by the defendant, in any justice court

1-21     precinct in the county in which the victim:

1-22                 (1)  receives the check or similar sight order; or

1-23                 (2)  is located, if the victim is a business entity and

1-24     receives the check or similar sight order in a county other than

1-25     the county in which the victim is located.

1-26           SECTION 2.  (a)  Article 13.26, Code of Criminal Procedure,

1-27     as added by this Act, applies only to the venue for the trial of an

1-28     offense committed on or after the effective date of this Act.  For

1-29     purposes of this section, an offense is committed before the

1-30     effective date of this Act if any element of the offense occurs

1-31     before that date.

1-32           (b)  Venue for the trial of an offense committed before the

1-33     effective date of this Act is covered by the law in effect when the

1-34     offense was committed, and the former law is continued in effect

1-35     for that purpose.

1-36           SECTION 3.  This Act takes effect September 1, 1997.

1-37           SECTION 4.  The importance of this legislation and the

1-38     crowded condition of the calendars in both houses create an

1-39     emergency and an imperative public necessity that the

1-40     constitutional rule requiring bills to be read on three several

1-41     days in each house be suspended, and this rule is hereby suspended.

1-42                                  * * * * *