The bill would amend sections of the Penal Code by adding sight order in the definition of the offenses of theft by check and issuance of bad check.  These offenses 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 applies only 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.

The bill’s provisions would expand the definition of theft by check and issuance of bad check. This penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities.   It is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.