| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to punishment for the offense of forgery and to a fee |
|
|
imposed on certain defendants who commit the offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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 2. 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 3. The change in law made by this Act 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. |
|
|
SECTION 4. This Act takes effect September 1, 2017. |