Texas 2025 - 89th Regular

Texas Senate Bill SB1300

Filed
2/14/25  
Out of Senate Committee
3/13/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.

Impact

If enacted, SB1300 would significantly alter the existing statutes regarding retail theft and organized criminal behavior in Texas. The provisions of the bill mean that defendants could be found guilty based on their intent and actions, including those acting in concert with others to commit retail theft. Furthermore, the bill introduces prima facie evidence rules that lower the threshold for proving ownership of stolen merchandise, which could streamline prosecutions for retail theft. Overall, it may contribute to creating a deterrent against organized retail crime, benefitting retailers and consumers alike.

Summary

SB1300 proposes amendments to the Texas Penal Code relating to the criminal offense of organized retail theft. The bill aims to enhance the prosecution and punishment of those engaged in such activities by increasing the severity of penalties associated with retail theft depending on the value of the merchandise stolen. It defines organized retail theft and provides clearer classification levels for the offenses based on the total value of stolen property, potentially categorizing them from misdemeanors to first-degree felonies, which could result in significant prison sentences and fines.

Sentiment

The sentiment surrounding SB1300 is largely supportive among retail and business communities, as they argue that the bill addresses a critical issue of organized retail theft that has proliferated in recent years. Retailers assert that increasing penalties will discourage theft and help safeguard their businesses. However, some concerns have been raised by civil liberties advocates who argue that the bill could lead to over-policing and disproportionate penalties for lesser offenses, highlighting a tension between enhanced law enforcement and protecting individual rights.

Contention

Notable points of contention include the potential for the bill to expand the criminal justice system's reach and its implications on civil liberties. Opponents worry that the increased penalties may disproportionately impact lower-income individuals caught up in organized theft schemes and that the evidence standards could lead to wrongful convictions. The discussions on the bill emphasize the balance between protecting retail businesses from theft and ensuring fair treatment under the law for individuals accused of such crimes.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 21. Indictment And Information
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 38. Evidence In Criminal Actions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Penal Code

  • Chapter 31. Theft
    • Section: New Section
    • Section: 16
    • Section: New Section
    • Section: 16
    • Section: New Section
    • Section: 16
    • Section: New Section
    • Section: 16

Companion Bills

TX HB3167

Identical Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.

Similar Bills

TX HB3167

Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.

TX SB938

Relating to certain rental-purchase agreements.

TX HB1859

Relating to certain rental-purchase agreements.

RI S0822

Provides that when 2 or more individuals associate to accomplish the crime of shoplifting, that they would be deemed to be associated for the particular purpose of shoplifting and be guilty of a felony.

NJ S3587

Upgrades, and in some circumstances provides for extended terms of imprisonment for, certain retail theft crimes, addresses gift card fraud, and authorizes new Attorney General initiatives to address organized retail theft.

NJ A4755

Upgrades, and in some circumstances provides for extended terms of imprisonment for, certain retail theft crimes, addresses gift card fraud, and authorizes new Attorney General initiatives to address organized retail theft.

MN HF3155

Gift card fraud included in organized retail theft.

MN SF3338

Gift card fraud inclusion in organized retail theft