80R14359 PEP-D

By: Madden H.B. No. 1611

Substitute the following for H.B. No. 1611:

By: Pena C.S.H.B. No. 1611

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of forgery of a writing that is or purports to be a check.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 32.21, Penal Code, is amended by amending Subsection (d) and adding Subsection (g) to read as follows:

(d) An offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, [check,] authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

(g) Notwithstanding Subsection (d), if the writing is or purports to be a check, an offense under this section is:

(1) a Class C misdemeanor if the face value of the forged check is less than $50;

(2) a Class B misdemeanor if the face value of the forged check is $50 or more but less than $500;

(3) a Class A misdemeanor if the face value of the forged check is $500 or more but less than $1,500;

(4) a state jail felony if:

(A) the face value of the forged check is $1,500 or more but less than $20,000; or

(B) the face value of the forged check is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this section;

(5) a felony of the third degree if the face value of the forged check is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the face value of the forged check is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the face value of the forged check is $200,000 or more.

SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 3. This Act takes effect September 1, 2007.