HBA-KMH H.B. 2125 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2125 By: Reyna, Elvira Criminal Jurisprudence 4/19/1999 Introduced BACKGROUND AND PURPOSE Without the owner's effective consent, possession of a credit card with the intent to sell it, use it, or transfer is considered "credit card abuse" under Section 32.31 of the Penal Code. Credit card abuse is punishable as a state jail felony. Int this instance, "possession" renders the same level punishment as if the actor had actually presented the card. In contrast, possession of a check is not punishable. Currently, stolen checks are among the main instruments used for mail theft. The increasing trend of mail theft complaints and stolen or forged checks reported by postal inspectors and credit unions demonstrates the need for a stronger deterrent. H.B. 2125 provides that it is a state jail felony to steal or knowing receive a stolen unsigned check or similar sight order with the intent to use, sell, or transfer it. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 32, Penal Code, by adding Section 32.24, as follows: Sec. 32.24. STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER. (a) Provides that it is a state jail felony if a person steals an unsigned check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receives the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.