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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of forgery of a writing |
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that is or purports to be a check. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.21, Penal Code, is amended by |
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amending Subsection (d) and adding Subsection (g) to read as |
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follows: |
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(d) An offense under this section is a state jail felony if |
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the writing is or purports to be a will, codicil, deed, deed of |
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trust, mortgage, security instrument, security agreement, credit |
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card, [check,] authorization to debit an account at a financial |
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institution, or similar sight order for payment of money, contract, |
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release, or other commercial instrument. |
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(g) Notwithstanding Subsection (d), if the writing is or |
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purports to be a check, an offense under this section is: |
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(1) a Class C misdemeanor if the face value of the |
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forged check is less than $50; |
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(2) a Class B misdemeanor if the face value of the |
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forged check is $50 or more but less than $500; |
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(3) a Class A misdemeanor if the face value of the |
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forged check is $500 or more but less than $1,500; |
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(4) a state jail felony if the face value of the forged |
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check is $1,500 or more but less than $20,000; |
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(5) a felony of the third degree if the face value of |
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the forged check is $20,000 or more but less than $100,000; |
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(6) a felony of the second degree if the face value of |
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the forged check is $100,000 or more but less than $200,000; or |
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(7) a felony of the first degree if the face value of |
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the forged check is $200,000 or more. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |