Bill Text: TX SB2115 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the criminal offense of fraudulent securing of document execution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB2115 Detail]
Download: Texas-2019-SB2115-Introduced.html
86R11841 TSS-F | ||
By: West | S.B. No. 2115 |
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relating to the criminal offense of fraudulent securing of document | ||
execution. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 32.46, Penal Code, is | ||
amended to read as follows: | ||
Sec. 32.46. FRAUDULENT SECURING OF DOCUMENT EXECUTION [ |
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SECTION 2. Sections 32.46(a) and (b), Penal Code, are | ||
amended to read as follows: | ||
(a) A person commits an offense if the person, with the | ||
intent to defraud or harm any person[ |
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(1) by deception causes another to sign or execute any | ||
document affecting property or service or the pecuniary interest of | ||
any person; [ |
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(2) by deception causes or induces a public servant to | ||
file or record any purported judgment or other document purporting | ||
to memorialize or evidence an act, an order, a directive, or process | ||
of: | ||
(A) a purported court that is not expressly | ||
created or established under the constitution or the laws of this | ||
state or of the United States; | ||
(B) a purported judicial entity that is not | ||
expressly created or established under the constitution or laws of | ||
this state or of the United States; or | ||
(C) a purported judicial officer of a purported | ||
court or purported judicial entity described by Paragraph (A) or | ||
(B); or | ||
(3) causes another person, without the effective | ||
consent of that person, to sign or execute any document affecting | ||
property or service or the pecuniary interest of any person. | ||
(b) An offense under Subsection (a)(1) or (3) is a: | ||
(1) Class C misdemeanor if the value of the property, | ||
service, or pecuniary interest is less than $100; | ||
(2) Class B misdemeanor if the value of the property, | ||
service, or pecuniary interest is $100 or more but less than $750; | ||
(3) Class A misdemeanor if the value of the property, | ||
service, or pecuniary interest is $750 or more but less than $2,500; | ||
(4) state jail felony if the value of the property, | ||
service, or pecuniary interest is $2,500 or more but less than | ||
$30,000; | ||
(5) felony of the third degree if the value of the | ||
property, service, or pecuniary interest is $30,000 or more but | ||
less than $150,000; | ||
(6) felony of the second degree if the value of the | ||
property, service, or pecuniary interest is $150,000 or more but | ||
less than $300,000; or | ||
(7) felony of the first degree if the value of the | ||
property, service, or pecuniary interest is $300,000 or more. | ||
SECTION 3. Section 33.013(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(b) Notwithstanding Subsection (a), each liable defendant | ||
is, in addition to the defendant's [ |
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(a), jointly and severally liable for the damages recoverable by | ||
the claimant under Section 33.012 with respect to a cause of action | ||
if: | ||
(1) the percentage of responsibility attributed to the | ||
defendant with respect to a cause of action is greater than 50 | ||
percent; or | ||
(2) the defendant, with the specific intent to do harm | ||
to others, acted in concert with another person to engage in the | ||
conduct described in the following provisions of the Penal Code and | ||
in so doing proximately caused the damages legally recoverable by | ||
the claimant: | ||
(A) Section 19.02 (murder); | ||
(B) Section 19.03 (capital murder); | ||
(C) Section 20.04 (aggravated kidnapping); | ||
(D) Section 22.02 (aggravated assault); | ||
(E) Section 22.011 (sexual assault); | ||
(F) Section 22.021 (aggravated sexual assault); | ||
(G) Section 22.04 (injury to a child, elderly | ||
individual, or disabled individual); | ||
(H) Section 32.21 (forgery); | ||
(I) Section 32.43 (commercial bribery); | ||
(J) Section 32.45 (misapplication of fiduciary | ||
property or property of financial institution); | ||
(K) Section 32.46 (fraudulent securing of | ||
document execution [ |
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(L) Section 32.47 (fraudulent destruction, | ||
removal, or concealment of writing); | ||
(M) conduct described in Chapter 31 the | ||
punishment level for which is a felony of the third degree or | ||
higher; or | ||
(N) Section 21.02 (continuous sexual abuse of | ||
young child or children). | ||
SECTION 4. Section 41.008(c), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(c) This section does not apply to a cause of action against | ||
a defendant from whom a plaintiff seeks recovery of exemplary | ||
damages based on conduct described as a felony in the following | ||
sections of the Penal Code if, except for Sections 49.07 and 49.08, | ||
the conduct was committed knowingly or intentionally: | ||
(1) Section 19.02 (murder); | ||
(2) Section 19.03 (capital murder); | ||
(3) Section 20.04 (aggravated kidnapping); | ||
(4) Section 22.02 (aggravated assault); | ||
(5) Section 22.011 (sexual assault); | ||
(6) Section 22.021 (aggravated sexual assault); | ||
(7) Section 22.04 (injury to a child, elderly | ||
individual, or disabled individual, but not if the conduct occurred | ||
while providing health care as defined by Section 74.001 of this | ||
code); | ||
(8) Section 32.21 (forgery); | ||
(9) Section 32.43 (commercial bribery); | ||
(10) Section 32.45 (misapplication of fiduciary | ||
property or property of financial institution); | ||
(11) Section 32.46 (fraudulent securing of document | ||
execution [ |
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(12) Section 32.47 (fraudulent destruction, removal, | ||
or concealment of writing); | ||
(13) Chapter 31 (theft) the punishment level for which | ||
is a felony of the third degree or higher; | ||
(14) Section 49.07 (intoxication assault); | ||
(15) Section 49.08 (intoxication manslaughter); | ||
(16) Section 21.02 (continuous sexual abuse of young | ||
child or children); or | ||
(17) Chapter 20A (trafficking of persons). | ||
SECTION 5. Section 250.006(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) A person may not be employed in a position the duties of | ||
which involve direct contact with a consumer in a facility or may | ||
not be employed by an individual employer before the fifth | ||
anniversary of the date the person is convicted of: | ||
(1) an offense under Section 22.01, Penal Code | ||
(assault), that is punishable as a Class A misdemeanor or as a | ||
felony; | ||
(2) an offense under Section 30.02, Penal Code | ||
(burglary); | ||
(3) an offense under Chapter 31, Penal Code (theft), | ||
that is punishable as a felony; | ||
(4) an offense under Section 32.45, Penal Code | ||
(misapplication of fiduciary property or property of financial | ||
institution), that is punishable as a Class A misdemeanor or a | ||
felony; | ||
(5) an offense under Section 32.46, Penal Code | ||
(fraudulent securing of document execution [ |
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felony; | ||
(6) an offense under Section 37.12, Penal Code (false | ||
identification as peace officer; misrepresentation of property); | ||
or | ||
(7) an offense under Section 42.01(a)(7), (8), or (9), | ||
Penal Code (disorderly conduct). | ||
SECTION 6. 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 was | ||
committed before that date. | ||
SECTION 7. This Act takes effect September 1, 2019. |