Texas 2009 - 81st Regular

Texas House Bill HB1865 Compare Versions

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1	1	81R7111 JSC-F
2	2	By: Kolkhorst H.B. No. 1865
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalties for theft of cattle, horses, exotic
8	8	livestock, exotic fowl, sheep, swine, or goats.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 31.03(e), Penal Code, is amended to read
11	11	as follows:
12	12	(e) Except as provided by Subsection (f), an offense under
13	13	this section is:
14	14	(1) a Class C misdemeanor if the value of the property
15	15	stolen is less than:
16	16	(A) $50; or
17	17	(B) $20 and the defendant obtained the property
18	18	by issuing or passing a check or similar sight order in a manner
19	19	described by Section 31.06;
20	20	(2) a Class B misdemeanor if:
21	21	(A) the value of the property stolen is:
22	22	(i) $50 or more but less than $500; or
23	23	(ii) $20 or more but less than $500 and the
24	24	defendant obtained the property by issuing or passing a check or
25	25	similar sight order in a manner described by Section 31.06; or
26	26	(B) the value of the property stolen is less
27	27	than:
28	28	(i) $50 and the defendant has previously
29	29	been convicted of any grade of theft; or
30	30	(ii) $20, the defendant has previously been
31	31	convicted of any grade of theft, and the defendant obtained the
32	32	property by issuing or passing a check or similar sight order in a
33	33	manner described by Section 31.06;
34	34	(3) a Class A misdemeanor if the value of the property
35	35	stolen is $500 or more but less than $1,500;
36	36	(4) a state jail felony if:
37	37	(A) the value of the property stolen is $1,500 or
38	38	more but less than $20,000[, or the property is less than 10 head of
39	39	cattle, horses, or exotic livestock or exotic fowl as defined by
40	40	Section 142.001, Agriculture Code, or any part thereof under the
41	41	value of $20,000, or less than 100 head of sheep, swine, or goats or
42	42	any part thereof under the value of $20,000];
43	43	(B) regardless of value, the property is stolen
44	44	from the person of another or from a human corpse or grave;
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
62	62	exotic livestock or exotic fowl as defined by Section 142.001,
63	63	Agriculture Code, stolen during a single transaction and having an
64	64	aggregate 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. The change in law made by this Act applies only
73	73	to an offense committed on or after the effective date of this Act.
74	74	An offense committed before the effective date of this Act is
75	75	covered by the law in effect when the offense was committed, and the
76	76	former law is continued in effect for that purpose. For purposes of
77	77	this section, an offense was committed before the effective date of
78	78	this Act if any element of the offense occurred before that date.
79	79	SECTION 3. This Act takes effect September 1, 2009.