Bill Text: TX SB821 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the prosecution of certain criminal offenses involving theft or involving fraud or other deceptive practices.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-05-24 - Effective on 9/1/13 [SB821 Detail]
Download: Texas-2013-SB821-Enrolled.html
S.B. No. 821 |
|
||
relating to the prosecution of certain criminal offenses involving | ||
theft or involving fraud or other deceptive practices. | ||
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. Subsection (a), Section 31.06, 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 [ |
||
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 [ |
||
other drawee at the time the issuer [ |
||
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. Subsection (e), Section 32.41, 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. Subdivision (1), Subsection (a), Section 32.45, | ||
Penal Code, is amended to read as follows: | ||
(1) "Fiduciary" includes: | ||
(A) a trustee, guardian, administrator, | ||
executor, conservator, and receiver; | ||
(B) an attorney in fact or agent appointed under | ||
a durable power of attorney as provided by Chapter XII, Texas | ||
Probate Code; | ||
(C) any other person acting in a fiduciary | ||
capacity, but not a commercial bailee unless the commercial bailee | ||
is a party in a motor fuel sales agreement with a distributor or | ||
supplier, as those terms are defined by Section 162.001 [ |
||
Tax Code; and | ||
(D) an officer, manager, employee, or agent | ||
carrying on fiduciary functions on behalf of a fiduciary. | ||
SECTION 6. Subsection (a), Section 3.507, 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 7. 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 8. Subsections (a) and (e), Article 102.007, 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 [ |
||
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) [ |
||
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 [ |
||
retained by the holder to seek collection of the check or order. | ||
SECTION 9. 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 10. 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 11. 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 12. Subsections (a) and (d), Section 162.409, 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 13. 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 14. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 821 passed the Senate on | ||
April 4, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 821 passed the House on | ||
May 8, 2013, by the following vote: Yeas 147, Nays 0, two present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |