December 19, 1951

Hon. Sam Lee Coimty Attorney Brazorla County Angleton,sTexae

_. Opfnion NO. v-1378
Rer Which county haa venue la ahot check crlmlnal prosecution uhim a check Is drawn In on8 county upon a bank In that county and Is

. mall8a from that county to a payee locatsd In another Dqar Sir: countg.

You have requested an opinion of this office based in part on the follovlng fact situation:

"'A**’ would** **’ vrLt.8**  **E check.**  **ir** ,ba1V8Ston Coumtp, Texas; the check would b8

. 111td18d

in calV8StOn oOUUty,aIIdWFitt8tI ona Oalveeton Coimty beak. The ch8ck would be placed laa8 elWeloQ6 a~ndaadr8888d to ap8reOlI~lnBrazorla couatg and the BratorI& County recipient of the FQ8ck WOUld 8ndOrfl8the Bam8;plCW8 it in on8 of the &azOrla COUdy bank8 for COll8CtiOn, and UpOn being retUl'l8dt0 +he OafvexstvnCountybank the check .wouldeither be iTlEtZ'k8d'iENffiCl8llt funds or no such account, and the cdciplent of the check In Brazorla County would present hlms&lf tomy office to file ahot check camplaint after having given due notice."
Your **qU8BtiOi** with regard t0 the88 facts 18, *Does venue 118 In Brazorla County for purposes of crlm**inal. pFO88CUtiOn**  **under** thehot check law ofTexas?"

S8CtiOn(q ofArticle 567 ’b, Y.P.C., was amend- ti 8dby **HOUS** Bill 403, Acta 521~3**hagiSlatUr8,** R.S. 1951, ch. 305, p. 496; tomad as followsi

*It'shall b8 unlawful for any person to procure any article or thing of va**1U8,** or to secure poseesalon of any**Hon. Sam**  **b8,** page 2 (v-137tl)

personal property towhich a lienhaa attached, or tomake payment of any preexisting debt or other obligation ofwhatao8ver form or natW8, or for any other purpose t0make or **draw or**  Utter or deliver, with Intent to defraud, any check, draft or brder, for thepayment ofmoney, upon any bank, person, firm or corporation, knowing at the time of suchmaking, drawing, uttering or delivering, that the maker, 07 drawer, has not sufficient funda In, or on deposit with, such bank, person, firm or aorporatlon, for the payment of such check, draft or order, ln full, ana all Other checks, draft8 or order8 upon such&unda then outstanding." l8ith8r the original oramended act has epeclflc venue provisions. Therefore, V8nU8 18 COntrolled by Article 211,V.C.C.P., which states, 'If Venue 18not specifically stated, theproper county for the proeeoutlon of offenses Is that Inwhich the offense wa8 committed."

The offenses deecrlbed in 8eCtiOn (l), au ra, are themakln

2 Urawiw uttering orclellverln~* intent t0 d8 aUd; any dheck, drait or Order payment ofmOn8y . . . l -InJones v. State, 226 S.W. 26 437 (Tex. Crlm. 1950),Vhlch Involves a construction ofArticle 567b,V.P.C., prior to the amendment here in question, the court said at page 442:

"The judgment and sentence are reformed soaa to state the offense aa obtalnlng money with intent todefraud by

a check in.!theamOUnt of hout aufflclent funds.' t50 

### or 818 added." EmphaWe think thisholding la applicable to the present statute, and that It clearly indicate8 that thegist Of the Off8n88 Committed 18 the “draWi@ with intent tcjdefraud.

In theJones case, venue was In the county where th8 offensecharged, the drawing, took place. In the fact situation presented y you venue would lie in b Galveston County ifthe proof adduced at the trial supported amak;n& ordrawing of the check inGalveetonHon. Sam Lee, page 3 (V-W@)

County coupled with proof of Intent to defraud es required by the statute. Similarly, the venue would 118 in &'aZOria .cOUIlty if the proof adduced at the

upon the Offense that Is prOV8d Where different offenses are COURUitt8din diff8X'entCOWti8fl; .although they are all phaEi88Of one.traneaCtiOn.

Your recond question is: "If a person makes payment of child support, as~providsd~ln the decree of divorcement, bymaking, uttering and dellveringwith Intent to defraud a check for the pagment of the same, does such a check come within the purview of the hot check law of Texas?' The portion of Section (l), BU ra which reads *or tomake payment of any pre-existing de t or other %' obligation of;

whatsoever form or nature, or for any other purpose. . . covers, In our opinion, the giving of a hot check" for child support payment if the other statutory requisites are present.

SUMMARY The "Hot Check Law", Art. 567b,V.PX., makes.no provision as tovenue for trial of the offenses defined. Under Article 211,V.C.C.P., thegeneral venue statute, venue lies in the county'in which the offense ofmaking, drawing, uttering, or delivering of the "hot check" takes place. Ifmore than one Of the defined OffenS occurs, and indifferent counties, as phases of on8 transaction, **V8nU8** lies in any On8 of th8 counties, provided that theproof adduced was of the Offense conjmittedin the given county. The other statutory requisites being present, the glvlng ofa "hot check" for a

## 408 Hon. Sam Lee, page 4 (V-13781

child support byArt. 567b,V.P.C

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APPROVED:
J. C. Davis, Jr. County AffaixlaDivision
ChPrles D. Mathews First Assistant BW,EWT:mb Yours ver; tiuly, PRICE DANIiXL Attorney General

Aaslatants

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