Texas 2009 - 81st Regular

Texas House Bill HB1466 Compare Versions

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1	1	81R8173 JSC-D
2	2	By: Swinford H.B. No. 1466
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the theft of a military grave marker.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 31.03(e), Penal Code, is amended to read
10	10	as follows:
11	11	(e) Except as provided by Subsection (f), an offense under
12	12	this section is:
13	13	(1) a Class C misdemeanor if the value of the property
14	14	stolen is less than:
15	15	(A) $50; or
16	16	(B) $20 and the defendant obtained the property
17	17	by issuing or passing a check or similar sight order in a manner
18	18	described by Section 31.06;
19	19	(2) a Class B misdemeanor if:
20	20	(A) the value of the property stolen is:
21	21	(i) $50 or more but less than $500; or
22	22	(ii) $20 or more but less than $500 and the
23	23	defendant obtained the property by issuing or passing a check or
24	24	similar sight order in a manner described by Section 31.06; or
25	25	(B) the value of the property stolen is less
26	26	than:
27	27	(i) $50 and the defendant has previously
28	28	been convicted of any grade of theft; or
29	29	(ii) $20, the defendant has previously been
30	30	convicted of any grade of theft, and the defendant obtained the
31	31	property by issuing or passing a check or similar sight order in a
32	32	manner described by Section 31.06;
33	33	(3) a Class A misdemeanor if the value of the property
34	34	stolen is $500 or more but less than $1,500;
35	35	(4) a state jail felony if:
36	36	(A) the value of the property stolen is $1,500 or
37	37	more but less than $20,000, or the property is less than 10 head of
38	38	cattle, horses, or exotic livestock or exotic fowl as defined by
39	39	Section 142.001, Agriculture Code, or any part thereof under the
40	40	value of $20,000, or less than 100 head of sheep, swine, or goats or
41	41	any part thereof under the value of $20,000;
42	42	(B) regardless of value, the property is stolen
43	43	from the person of another or from a human corpse or grave,
44	44	including property that is a military grave marker;
45	45	(C) the property stolen is a firearm, as defined
46	46	by Section 46.01;
47	47	(D) the value of the property stolen is less than
48	48	$1,500 and the defendant has been previously convicted two or more
49	49	times of any grade of theft;
50	50	(E) the property stolen is an official ballot or
51	51	official carrier envelope for an election; or
52	52	(F) the value of the property stolen is less than
53	53	$20,000 and the property stolen is insulated or noninsulated wire
54	54	or cable that consists of at least 50 percent:
55	55	(i) aluminum;
56	56	(ii) bronze; or
57	57	(iii) copper;
58	58	(5) a felony of the third degree if the value of the
59	59	property stolen is $20,000 or more but less than $100,000, or the
60	60	property is:
61	61	(A) 10 or more head of cattle, horses, or exotic
62	62	livestock or exotic fowl as defined by Section 142.001, Agriculture
63	63	Code, stolen during a single transaction and having an aggregate
64	64	value of less than $100,000; or
65	65	(B) 100 or more head of sheep, swine, or goats
66	66	stolen during a single transaction and having an aggregate value of
67	67	less than $100,000;
68	68	(6) a felony of the second degree if the value of the
69	69	property stolen is $100,000 or more but less than $200,000; or
70	70	(7) a felony of the first degree if the value of the
71	71	property stolen is $200,000 or more.
72	72	SECTION 2. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2009.