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A BILL TO BE ENTITLED
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AN ACT
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relating to punishment for the offense of forgery and to a fee |
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imposed on certain defendants who commit the offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.21, Penal Code, is amended by |
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amending Subsections (d), (e), and (e-1) and adding Subsections |
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(e-2) and (g) to read as follows: |
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(d) Subject to Subsection (e-1), an [An] offense under this |
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section is a state jail felony if the writing is or purports to be a |
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will, codicil, deed, deed of trust, mortgage, security instrument, |
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security agreement, credit card, check, authorization to debit an |
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account at a financial institution, or similar sight order for |
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payment of money, contract, release, or other commercial |
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instrument. |
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(e) Subject to Subsection (e-1), an [An] offense under this |
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section is a felony of the third degree if the writing is or |
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purports to be: |
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(1) part of an issue of money, securities, postage or |
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revenue stamps; |
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(2) a government record listed in Section 37.01(2)(C); |
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or |
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(3) other instruments issued by a state or national |
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government or by a subdivision of either, or part of an issue of |
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stock, bonds, or other instruments representing interests in or |
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claims against another person. |
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(e-1) If it is shown on the trial of an offense under this |
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section that the actor engaged in the conduct to obtain or attempt |
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to obtain a property or service, an offense under this section is: |
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(1) a Class C misdemeanor if the value of the property |
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or service is less than $100; |
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(2) a Class B misdemeanor if the value of the property |
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or service is $100 or more but less than $750; |
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(3) a Class A misdemeanor if the value of the property |
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or service is $750 or more but less than $2,500; |
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(4) a state jail felony if the value of the property or |
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service is $2,500 or more but less than $30,000; |
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(5) a felony of the third degree if the value of the |
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property or service is $30,000 or more but less than $150,000; |
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(6) a felony of the second degree if the value of the |
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property or service is $150,000 or more but less than $300,000; and |
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(7) a felony of the first degree if the value of the |
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property or service is $300,000 or more. |
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(e-2) Notwithstanding any other provision of this section, |
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an [An] offense under this section, other than an offense described |
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for purposes of punishment by Subsection (e-1)(7), is increased to |
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the next higher category of offense if it is shown on the trial of |
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the offense that the offense was committed against an elderly |
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individual as defined by Section 22.04. |
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(g) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section or the other law. |
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SECTION 2. Article 102.0071, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 102.0071. JUSTICE COURT DISHONORED CHECK OR SIMILAR |
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SIGHT ORDER. On conviction in justice court of an offense under |
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Section 32.41, Penal Code, or an offense under Section 31.03, [or] |
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31.04, or 32.21, Penal Code, in which it is shown that the defendant |
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committed the offense by issuing, [or] passing, or forging a check |
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or similar sight order, as defined by Section 1.07, Penal Code, that |
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was subsequently dishonored, the court may collect from the |
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defendant and pay to the holder of the check or order the fee |
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permitted by Section 3.506, Business & Commerce Code. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |
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