| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prosecution of certain criminal offenses involving |
|
|
theft or fraud by check or similar sight order; providing |
|
|
penalties; imposing fees. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 31.06, Penal Code, is |
|
|
amended to read as follows: |
|
|
Sec. 31.06. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT |
|
|
ORDER. |
|
|
SECTION 2. Section 31.06(a), Penal Code, is amended to read |
|
|
as follows: |
|
|
(a) If the actor obtained property or secured performance of |
|
|
service by issuing or passing a check or similar sight order for the |
|
|
payment of money, when the issuer did not have sufficient funds in |
|
|
or on deposit with the bank or other drawee for the payment in full |
|
|
of the check or order as well as all other checks or orders then |
|
|
outstanding, it is prima facie evidence of the issuer's [his] |
|
|
intent to deprive the owner of property under Section 31.03 (Theft) |
|
|
including a drawee or third-party holder in due course who |
|
|
negotiated the check or order or to avoid payment for service under |
|
|
Section 31.04 (Theft of Service) (except in the case of a postdated |
|
|
check or order) if: |
|
|
(1) the issuer [he] had no account with the bank or |
|
|
other drawee at the time the issuer [he] issued the check or sight |
|
|
order; or |
|
|
(2) payment was refused by the bank or other drawee for |
|
|
lack of funds or insufficient funds, on presentation within 30 days |
|
|
after issue, and the issuer failed to pay the holder in full within |
|
|
10 days after receiving notice of that refusal. |
|
|
SECTION 3. The heading to Section 32.41, Penal Code, is |
|
|
amended to read as follows: |
|
|
Sec. 32.41. ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER. |
|
|
SECTION 4. Section 32.41(e), Penal Code, is amended to read |
|
|
as follows: |
|
|
(e) A person charged with an offense under this section may |
|
|
make restitution for the bad checks or sight orders. Restitution |
|
|
shall be made through the prosecutor's office if collection and |
|
|
processing were initiated through that office. In other cases |
|
|
restitution may be, with the approval of the court in which the |
|
|
offense is filed: |
|
|
(1) made through the court; or |
|
|
(2) collected by a law enforcement agency if a peace |
|
|
officer of that agency executes a warrant against the person |
|
|
charged with the offense. |
|
|
SECTION 5. Section 3.507(a), Business & Commerce Code, is |
|
|
amended to read as follows: |
|
|
(a) On return of a check or similar sight order, as defined |
|
|
by Section 1.07, Penal Code, to the holder following dishonor of the |
|
|
check or sight order by a payor and prior to the check or sight order |
|
|
being referred for prosecution, the holder, the holder's assignee, |
|
|
agent, or representative, or any other person retained by the |
|
|
holder to seek collection of the dishonored check or sight order may |
|
|
charge the drawer or indorser of the check or sight order the cost |
|
|
of delivery notification by registered or certified mail with |
|
|
return receipt requested under Section 31.06 or Section 32.41, |
|
|
Penal Code, as applicable. |
|
|
SECTION 6. The heading to Article 102.007, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Art. 102.007. FEE FOR COLLECTING AND PROCESSING CHECK OR |
|
|
SIMILAR SIGHT ORDER. |
|
|
SECTION 7. Articles 102.007(a) and (e), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
|
(a) A county attorney, district attorney, or criminal |
|
|
district attorney may collect a fee if the attorney's [his] office |
|
|
collects and processes a check or similar sight order, as defined by |
|
|
Section 1.07, Penal Code, if the check or similar sight order: |
|
|
(1) has been issued or passed in a manner that makes |
|
|
the issuance or passing an offense under: |
|
|
(A) Section 31.03, Penal Code; |
|
|
(B) Section 31.04, Penal Code; or |
|
|
(C) Section 32.41, Penal Code; or |
|
|
(2) has been forged, as defined by Section 32.21, |
|
|
Penal Code. |
|
|
(e) In addition to the collection fee specified in |
|
|
Subsection (c) [of this article], the county attorney, district |
|
|
attorney, or criminal district attorney may collect the fee |
|
|
authorized by Section 3.506, Business & Commerce Code, for the |
|
|
benefit of the holder of a check or similar sight order or the |
|
|
holder's [its] assignee, agent, representative, or any other person |
|
|
retained by the holder to seek collection of the check or order. |
|
|
SECTION 8. 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, Penal Code, in which it is shown that the defendant committed |
|
|
the offense by issuing or passing 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 9. Sections 102.101 and 102.102, Government Code, |
|
|
are amended to read as follows: |
|
|
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
|
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice |
|
|
court shall collect fees and costs under the Code of Criminal |
|
|
Procedure on conviction of a defendant as follows: |
|
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
|
Procedure) . . . $3; |
|
|
(2) a fee for withdrawing request for jury less than 24 |
|
|
hours before time of trial (Art. 102.004, Code of Criminal |
|
|
Procedure) . . . $3; |
|
|
(3) a jury fee for two or more defendants tried jointly |
|
|
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; |
|
|
(4) a security fee on a misdemeanor offense (Art. |
|
|
102.017, Code of Criminal Procedure) . . . $4; |
|
|
(5) a fee for technology fund on a misdemeanor offense |
|
|
(Art. 102.0173, Code of Criminal Procedure) . . . $4; |
|
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
|
of Criminal Procedure) . . . not to exceed $5 if the court employs a |
|
|
juvenile case manager; |
|
|
(7) a fee on conviction of certain offenses involving |
|
|
issuing or passing a subsequently dishonored check or similar sight |
|
|
order (Art. 102.0071, Code of Criminal Procedure) . . . not to |
|
|
exceed $30; |
|
|
(8) a court cost on conviction of a Class C misdemeanor |
|
|
in a county with a population of 3.3 million or more, if authorized |
|
|
by the county commissioners court (Art. 102.009, Code of Criminal |
|
|
Procedure) . . . not to exceed $7; and |
|
|
(9) a civil justice fee (Art. 102.022, Code of |
|
|
Criminal Procedure) . . . $0.10. |
|
|
Sec. 102.102. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
|
JUSTICE COURT: BUSINESS & COMMERCE CODE. The clerk of a justice |
|
|
court shall collect from a defendant a court cost not to exceed $30 |
|
|
under Section 3.506, Business & Commerce Code, on conviction of |
|
|
certain offenses involving issuing or passing a subsequently |
|
|
dishonored check or similar sight order. |
|
|
SECTION 10. The heading to Section 162.409, Tax Code, is |
|
|
amended to read as follows: |
|
|
Sec. 162.409. ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER |
|
|
TO LICENSED DISTRIBUTOR, LICENSED SUPPLIER, OR PERMISSIVE |
|
|
SUPPLIER. |
|
|
SECTION 11. Sections 162.409(a) and (d), Tax Code, are |
|
|
amended to read as follows: |
|
|
(a) A person commits an offense if: |
|
|
(1) the person issues or passes a check or similar |
|
|
sight order, as defined by Section 1.07, Penal Code, for the payment |
|
|
of money knowing that the issuer does not have sufficient funds in |
|
|
or on deposit with the bank or other drawee for the payment in full |
|
|
of the check or order as well as all other checks or orders |
|
|
outstanding at the time of issuance; |
|
|
(2) the payee on the check or order is a licensed |
|
|
distributor, licensed supplier, or permissive supplier; and |
|
|
(3) the payment is for an obligation or debt that |
|
|
includes a tax under this chapter to be collected by the licensed |
|
|
distributor, licensed supplier, or permissive supplier. |
|
|
(d) A person who makes payment on an obligation or debt that |
|
|
includes a tax under this chapter and pays with an insufficient |
|
|
funds check or similar sight order, as defined by Section 1.07, |
|
|
Penal Code, issued to a licensed distributor, licensed supplier, or |
|
|
permissive supplier may be held liable for a penalty equal to the |
|
|
total amount of tax not paid to the licensed distributor, licensed |
|
|
supplier, or permissive supplier. |
|
|
SECTION 12. 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 on the date 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 13. This Act takes effect September 1, 2013. |