Bill

SB 1824

85(R) - 2017
Senate Criminal Justice
Senate Criminal Justice
Aging
Courts
Criminal Procedure

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral

Author(s)

Konni Burton

Bill Caption

Relating to punishment for the offense of forgery and to a fee imposed on certain defendants who commit the offense.


Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would codify the following schedule of penalties if it is shown at trial that a person committed forgery to obtain or with intent to obtain a property or service. 

    •Class C misdemeanor if the value of the property or service is less than $100
    •Class B misdemeanor if the value of the property or service is $100 or more but less than $750
    •Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500
    •State jail felony if the value of the property or service is $2,500 or more but less than $30,000
    •Felony of the third degree if the value of the property or service is $30,000 or more but less than $150,000
    •Felony of the second degree if the value of the property or service is $150,000 or more but less than $300,000
    •Felony of the first degree if the value of the property or service is $300,000 or more

Under current law the penalty for forgery depends on the documents that were forged, and forgery by check is an automatic state jail felony. This bill would bring the offense of forgery in line with the penalty schedule for all other property crimes.

This bill would also allow a victim of check forgery to seek restitution from the forger, and to charge a restitution fee. In addition, SB 1824 would make the conforming changes to fulfill the purpose of the substantive provisions. 

Vote Recommendation Notes

The administration of justice is a core function of government; but, in order for a punishment to be just, it must fit the crime that was committed. For this bill's role in promoting justice and making the administration of justice more appropriate and proportional, we support SB 1824.

Organizations Supporting

Texas Public Policy Foundation