Amend CSHB 351 by adding the following appropriately numbered SECTIONS to the bill and renumbering the subsequent SECTIONS of the bill appropriately:
SECTION ___. Article 102.0071, Code of Criminal Procedure, is amended to read as follows:
Art. 102.0071. JUSTICE COURT DISHONORED CHECK OR SIMILAR SIGHT ORDER. On conviction in justice court of an offense under Section 32.41, Penal Code, or an offense under Section 31.03, [or] 31.04, or 32.21, Penal Code, in which it is shown that the defendant committed the offense by issuing, [or] passing, or forging a check or similar sight order, as defined by Section 1.07, Penal Code, that was subsequently dishonored, the court may collect from the defendant and pay to the holder of the check or order the fee permitted by Section 3.506, Business & Commerce Code.
SECTION ___. Section 32.21, Penal Code, is amended by amending Subsections (d), (e), and (e-1) and adding Subsections (e-2) and (g) to read as follows:
(d) Subject to Subsection (e-1), an [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.
(e) Subject to Subsection (e-1), an [An] offense under this section is a felony of the third degree if the writing is or purports to be:
(1) part of an issue of money, securities, postage or revenue stamps;
(2) a government record listed in Section 37.01(2)(C); or
(3) other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.
(e-1) If it is shown on the trial of an offense under this section that the actor engaged in the conduct to obtain or attempt to obtain a property or service, an offense under this section is:
(1) a Class C misdemeanor if the value of the property or service is less than $100;
(2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750;
(3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500;
(4) a state jail felony if the value of the property or service is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the value of the property or service is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the value of the property or service is $150,000 or more but less than $300,000; and
(7) a felony of the first degree if the value of the property or service is $300,000 or more.
(e-2) Notwithstanding any other provision of this section, an [An] offense under this section, other than an offense described for purposes of punishment by Subsection (e-1)(7), is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.
(g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
SECTION ___. The change in law made by this Act in amending Article 102.0071, Code of Criminal Procedure, and Section 32.21, Penal Code, 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 occurred before that date.