The bill would amend sections of the Penal Code relating to the offenses of theft and fraud by changing references to “check”, “check or similar sight order”, “check or sight order” and “check or order” to “payment device” as it is defined in the Business and Commerce Code.  The offenses of theft and fraud are punishable by a Class C misdemeanor, a Class B misdemeanor, a Class A misdemeanor, a state jail felony, a third degree felony, a second degree felony, or a first degree felony, depending on the amount or circumstances involved in the offense. The bill would take effect on September 1, 2013, and only applies to offenses committed on or after that date.

A Class C misdemeanor is punishable by a fine not to exceed $500.  A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000.  A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000.  A state jail felony is punishable by confinement in prison for a term of 180 days to two years and, in addition to confinement, an optional fine not to exceed $10,000.  A third-degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.  A second-degree felony is punishable by confinement in prison for a term of two to twenty years and, in addition to confinement, an optional fine not to exceed $10,000.  A first-degree felony is punishable by confinement in prison for a term of 5 to 99 years or life and, in addition to confinement, an optional fine not to exceed $10,000.

It is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.