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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain criminal offenses involving |
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fraud. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 13, Code of Criminal Procedure, is |
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amended by adding Article 13.291 to read as follows: |
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Art. 13.291. CREDIT CARD OR DEBIT CARD ABUSE. An offense |
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under Section 32.31, Penal Code, may be prosecuted in any county in |
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which the offense was committed or in the county of residence for |
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any person whose credit card or debit card was unlawfully possessed |
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or used by the defendant. |
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SECTION 2. Article 38.19, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 38.19. INTENT TO DEFRAUD: CERTAIN OFFENSES [IN
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FORGERY]. (a) This article applies to the trial of an offense under |
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any of the following sections of the Penal Code: |
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(1) Section 32.21 (Forgery); |
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(2) Section 32.31 (Credit Card or Debit Card Abuse); |
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or |
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(3) Section 32.51 (Fraudulent Use or Possession of |
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Identifying Information). |
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(b) In the trial [trials] of an offense to which this |
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article applies [forgery], the attorney representing the state is |
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not required to prove [it need not be proved] that the defendant |
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committed the act with intent to defraud any particular person. It |
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is [shall be] sufficient to prove that the offense [forgery] was, in |
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its nature, calculated to injure or defraud any of the |
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sovereignties, bodies corporate or politic, officers or persons, |
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named in the definition of the offense [forgery] in the Penal Code. |
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SECTION 3. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commenced before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |