HBA-RBT H.B. 1357 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1357
By: Crownover
Criminal Jurisprudence
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person can be prosecuted for a state jail felony for writing
hot checks which total in the aggregate over $1500.  Many offenders write
numerous hot checks for small amounts of money.  It is difficult to
prosecute these offenders because of the number of witnesses which must be
called to testify regarding each check.  H.B. 1357 makes passing 10 or more
hot checks within a 30-day period a state jail felony. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.03(e), Penal Code, to provide that it is a
state jail felony, regardless of the value of the property, to obtain
property by issuing or passing ten or more checks or similar sight orders
within a 30-day period, in a manner described by Section 31.06, Penal Code
(Presumption for Theft by Check).  Makes conforming changes. 

SECTION 2.  Amends Section 31.04(e), Penal Code, to provide that it is a
state jail felony, regardless of the value of the property, to obtain
property by issuing or passing ten or more checks or similar sight orders
within a 30-day period, in a manner described by Section 31.06, Penal Code
(Presumption for Theft by Check).  Makes conforming changes.  

SECTION 3.  Amends Section 31.09, Penal Code, to provide that a defendant
is subject to prosecution under Sections 31.03 or 31.04, Penal Code, for
passing 10 or more checks or sight orders within a 30-day period and may
also be prosecuted for a higher grade offense if the aggregation of amounts
warrants such a prosecution.  Makes conforming changes.  

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.