Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Mail Theft Check Fraud topic
No spam. Unsubscribe anytime.
Committee advances mail-theft substitute that adds negotiable instruments and mail-receptacle keys as offenses
Summary
The committee adopted and reported a substitute for SB 1281 to expand mail-theft statutes to cover negotiable instruments (checks, money orders) and to criminalize theft or misuse of mail-receptacle keys and locks; the FCIC and bankers supported the bill.
Senator Parker presented a committee substitute for SB 1281, which the committee considered to address an increase in mail-related thefts and fraud schemes.
The substitute expands the statute governing mail theft to include negotiable instruments such as checks and money orders, adds a specific offense for theft or unauthorized use of mail-receptacle keys and locks (used to access cluster and multi-unit mailboxes), and alters penalties: the substitute proposal would make a first offense under the amended section a third-degree felony and subsequent offenses second-degree felonies for certain specified thefts of negotiable instruments, per testimony that the change came at law-enforcement recommendation.
Jeff Headley of the FCIC said mail theft increasingly targets negotiable instruments and mail-receptacle keys and that the enhanced penalties and new offenses would help disrupt organized operations. Lynn Bearden, chief lending officer at Texas Bank, testified for the Texas Bankers Association with examples of large-scale check-washing and organized operations, including incidents where stolen mail and chemically-washed checks worth thousands of dollars were recovered in interstate operations.
The committee adopted the substitute and then voted to report the substitute favorably to the full Senate; the committee recorded the vote as 6 ayes, 0 nays. The committee’s report notes the substitute alters evidence rules, clarifies definitions (including “retail merchandise” to include gift cards) and aligns value-ladder penalty ranges with other theft offenses.
Supporters said the changes would make prosecution of organized mail theft and fraud easier and increase deterrence; local prosecutors and bankers highlighted the effect on seniors and small businesses. No public witnesses opposed the substitute during the public-comment period.
The substitute will be sent to the full Senate for consideration.
