85R2088 ADM-F     By: Burton S.B. No. 1824       A BILL TO BE ENTITLED   AN ACT   relating to punishment for the offense of forgery and to a fee   imposed on certain defendants who commit the offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 32.21, Penal Code, is amended by   amending Subsections (d), (e), and (e-1) and adding Subsections   (e-2) and (g) to read as follows:          (d)  Subject to Subsection (e-1), an [An] offense under this   section is a state jail felony if the writing is or purports to be a   will, codicil, deed, deed of trust, mortgage, security instrument,   security agreement, credit card, check, authorization to debit an   account at a financial institution, or similar sight order for   payment of money, contract, release, or other commercial   instrument.          (e)  Subject to Subsection (e-1), an [An] offense under this   section is a felony of the third degree if the writing is or   purports to be:                (1)  part of an issue of money, securities, postage or   revenue stamps;                (2)  a government record listed in Section 37.01(2)(C);   or                (3)  other instruments issued by a state or national   government or by a subdivision of either, or part of an issue of   stock, bonds, or other instruments representing interests in or   claims against another person.          (e-1)  If it is shown on the trial of an offense under this   section that the actor engaged in the conduct to obtain or attempt   to obtain a property or service, an offense under this section is:                (1)  a Class C misdemeanor if the value of the property   or service is less than $100;                (2)  a Class B misdemeanor if the value of the property   or service is $100 or more but less than $750;                (3)  a Class A misdemeanor if the value of the property   or service is $750 or more but less than $2,500;                (4)  a state jail felony if the value of the property or   service is $2,500 or more but less than $30,000;                (5)  a felony of the third degree if the value of the   property or service is $30,000 or more but less than $150,000;                (6)  a felony of the second degree if the value of the   property or service is $150,000 or more but less than $300,000; and                (7)  a felony of the first degree if the value of the   property or service is $300,000 or more.          (e-2)  Notwithstanding any other provision of this section,   an [An] offense under this section, other than an offense described   for purposes of punishment by Subsection (e-1)(7), is increased to   the next higher category of offense if it is shown on the trial of   the offense that the offense was committed against an elderly   individual as defined by Section 22.04.          (g)  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section or the other law.          SECTION 2.  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, or 32.21, Penal Code, in which it is shown that the defendant   committed the offense by issuing, [or] passing, or forging 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 3.  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 when 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 4.  This Act takes effect September 1, 2017.