SRC-JXG H.B. 1357 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1357
76R5302 PEP-FBy: Crownover (Fraser)
Economic Development
5/14/1999
Engrossed


DIGEST 

Currently, a person can be prosecuted for a state jail felony for writing
hot checks which total in the aggregate over $1500.  Many offenders write
numerous hot checks for small amounts of money.  It is difficult to
prosecute these offenders because of the number of witnesses which must be
called to testify regarding each check.  H.B. 1357 would make passing 10 or
more hot checks within a 30-day period a state jail felony.  

PURPOSE

As proposed, 1357 creates a state jail felony punishment for passing 10 or
more hot checks within a 30-day period a state jail felony. 

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 Section 31.03(e), Penal Code, to provide that an offense
under this section is a Class B misdemeanor if the actor obtained the
property by issuing or passing a check or similar sight order in a manner
described by Section 31.06, and within 30 days of committing the offense,
issued nine or more checks or similar sight orders in the same manner,
regardless of the value of the property stolen, except as provided by
Subsection (f).  Makes conforming changes.  

SECTION 2. Amends Section 31.04(e), Penal Code, to provide that an offense
under this section is a state jail felony, if the actor obtained the
service by issuing or passing a check or similar sight order in a manner
described by Section 31.06, and within 30 days of committing the offense,
issued nine or more checks or similar sight orders in the same manner,
regardless of the value of the service stolen.  Makes conforming changes.  

SECTION 3. Amends Section 31.09, Penal Code, to provide that a defendant is
subject to prosecution under Sections 31.03 or 31.04, Penal Code, for
passing 10 or more checks or sight orders within a 30-day period and may
also be prosecuted for a higher grade offense if the aggregation of amounts
warrants such a prosecution. Makes conforming changes.  

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.