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A BILL TO BE ENTITLED
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AN ACT
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relating to the presumption of intent in the prosecution of certain |
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criminal cases involving theft by check or issuance of a bad check. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.06, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (g) to read as |
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follows: |
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(a) If the actor obtained property or secured performance of |
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service by issuing or passing a check or similar sight order for the |
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payment of money, when the issuer did not have sufficient funds in |
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or on deposit with the bank or other drawee for the payment in full |
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of the check or order as well as all other checks or orders then |
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outstanding, it is prima facie evidence of the issuer's intent to |
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deprive the owner of property under Section 31.03 (Theft) including |
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a drawee or third-party holder in due course who negotiated the |
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check or order or to avoid payment for service under Section 31.04 |
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(Theft of Service) (except in the case of a postdated check or order |
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or of a check or order issued or passed in connection with a |
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consumer debt, an extension of consumer credit, or services related |
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to a consumer debt or an extension of consumer credit) if: |
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(1) the issuer had no account with the bank or other |
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drawee at the time the issuer issued the check or sight order; or |
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(2) payment was refused by the bank or other drawee for |
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lack of funds or insufficient funds, on presentation within 30 days |
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after issue, and the issuer failed to pay the holder in full within |
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10 days after receiving notice of that refusal. |
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(g) In this section: |
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(1) "Consumer debt" has the meaning assigned by |
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Section 392.001, Finance Code. |
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(2) "Extension of consumer credit" has the meaning |
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assigned by Section 393.001, Finance Code. |
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SECTION 2. Section 32.41, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (h) to read as |
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follows: |
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(b) This section does not prevent the prosecution from |
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establishing the required knowledge by direct evidence; however, |
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for purposes of this section, the issuer's knowledge of |
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insufficient funds is presumed (except in the case of a postdated |
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check or order or of a check or order issued or passed in connection |
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with a consumer debt, an extension of consumer credit, or services |
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related to a consumer debt or an extension of consumer credit) if: |
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(1) he had no account with the bank or other drawee at |
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the time he issued the check or order; or |
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(2) payment was refused by the bank or other drawee for |
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lack of funds or insufficient funds on presentation within 30 days |
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after issue and the issuer failed to pay the holder in full within |
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10 days after receiving notice of that refusal. |
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(h) In this section: |
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(1) "Consumer debt" has the meaning assigned by |
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Section 392.001, Finance Code. |
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(2) "Extension of consumer credit" has the meaning |
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assigned by Section 393.001, Finance Code. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |