Flores bill raising penalties for forgery

The text as introduced · 592 words

89R6187 MZM-F

By: Flores
S.B. No. 1379

A BILL TO BE ENTITLED

AN ACT

relating to increasing the criminal penalties for forgery.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 32.21(c), (d), (e), (e-1), and (e-2),

Penal Code, are amended to read as follows:

(c) Except as provided by Subsections (d), (e), and (e-1),

an offense under this section is a state jail felony [ Class A

misdemeanor ].

(d) Subject to Subsection (e-1), an offense under this

section is a [ state jail ] felony of the third degree 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 offense under this

section is a felony of the second [ 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 B [ C ] misdemeanor if the value of the

property or service is less than $100;

(2) a Class A [ B ] misdemeanor if the value of the

property or service is $100 or more but less than $750;

(3) a state jail felony [ 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 of the third degree if the

value of the property or service is $2,500 or more but less than

$30,000;

(5) a felony of the second [ third ] degree if the value

of the property or service is $30,000 or more but less than

$150,000; and

(6) a felony of the first [ 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 offense under this section, other than an offense described for

purposes of punishment by Subsection (e-1)(6) [ (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.

SECTION 2. 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 3. This Act takes effect September 1, 2025.