BILL ANALYSIS

S.B. 1790

By: Taylor, Van

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note a discrepancy in the penalty for the fraudulent destruction, removal, or concealment of a writing that is attached to tangible property and the penalty for stealing that same tangible property. S.B. 1790 seeks to address this problem by establishing new penalties for the fraudulent destruction, removal, or concealment of a writing that is attached to tangible property.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1790 amends the Penal Code to establish penalties for an offense of fraudulent destruction, removal, or concealment of a writing, if the writing at the time of the offense was attached to tangible property to indicate the price for the sale of that property and the actor engaged in the conduct that constitutes the offense with respect to that writing for the purpose of obtaining the property for a lesser price indicated by a separate writing, ranging from a Class C misdemeanor to a first degree felony depending on the amount of the difference between the impaired writing and the lesser price indicated by the other writing.

EFFECTIVE DATE

September 1, 2017.