| 1 | 1 | | 81R3774 SJM-D |
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| 2 | 2 | | By: Lucio III H.B. No. 435 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the penalty for theft of a pet. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 31.01, Penal Code, is amended by adding |
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| 10 | 10 | | Subdivision (11) to read as follows: |
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| 11 | 11 | | (11) "Pet" means a domesticated animal owned by a |
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| 12 | 12 | | person other than the actor. The term includes a dog, cat, rodent, |
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| 13 | 13 | | fish, reptile, or bird. The term does not include a livestock |
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| 14 | 14 | | animal, as defined by Section 42.09(b)(5)(A), (C), or (D), or a |
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| 15 | 15 | | wildlife resource, as defined by Section 61.005, Parks and Wildlife |
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| 16 | 16 | | Code. |
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| 17 | 17 | | SECTION 2. Section 31.03(e), Penal Code, is amended to read |
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| 18 | 18 | | as follows: |
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| 19 | 19 | | (e) Except as provided by Subsection (f), an offense under |
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| 20 | 20 | | this section is: |
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| 21 | 21 | | (1) a Class C misdemeanor if the value of the property |
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| 22 | 22 | | stolen is less than: |
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| 23 | 23 | | (A) $50; or |
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| 24 | 24 | | (B) $20 and the defendant obtained the property |
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| 25 | 25 | | by issuing or passing a check or similar sight order in a manner |
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| 26 | 26 | | described by Section 31.06; |
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| 27 | 27 | | (2) a Class B misdemeanor if: |
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| 28 | 28 | | (A) the value of the property stolen is: |
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| 29 | 29 | | (i) $50 or more but less than $500; or |
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| 30 | 30 | | (ii) $20 or more but less than $500 and the |
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| 31 | 31 | | defendant obtained the property by issuing or passing a check or |
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| 32 | 32 | | similar sight order in a manner described by Section 31.06; or |
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| 33 | 33 | | (B) the value of the property stolen is less |
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| 34 | 34 | | than: |
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| 35 | 35 | | (i) $50 and the defendant has previously |
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| 36 | 36 | | been convicted of any grade of theft; or |
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| 37 | 37 | | (ii) $20, the defendant has previously been |
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| 38 | 38 | | convicted of any grade of theft, and the defendant obtained the |
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| 39 | 39 | | property by issuing or passing a check or similar sight order in a |
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| 40 | 40 | | manner described by Section 31.06; |
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| 41 | 41 | | (3) a Class A misdemeanor if the value of the property |
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| 42 | 42 | | stolen is $500 or more but less than $1,500; |
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| 43 | 43 | | (4) a state jail felony if: |
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| 44 | 44 | | (A) the value of the property stolen is $1,500 or |
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| 45 | 45 | | more but less than $20,000, or the property is less than 10 head of |
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| 46 | 46 | | cattle, horses, or exotic livestock or exotic fowl as defined by |
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| 47 | 47 | | Section 142.001, Agriculture Code, or any part thereof under the |
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| 48 | 48 | | value of $20,000, or less than 100 head of sheep, swine, or goats or |
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| 49 | 49 | | any part thereof under the value of $20,000; |
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| 50 | 50 | | (B) regardless of value, the property is stolen |
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| 51 | 51 | | from the person of another or from a human corpse or grave; |
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| 52 | 52 | | (C) the property stolen is a firearm, as defined |
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| 53 | 53 | | by Section 46.01; |
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| 54 | 54 | | (D) the value of the property stolen is less than |
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| 55 | 55 | | $1,500 and the defendant has been previously convicted two or more |
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| 56 | 56 | | times of any grade of theft; |
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| 57 | 57 | | (E) the property stolen is an official ballot or |
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| 58 | 58 | | official carrier envelope for an election; [or] |
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| 59 | 59 | | (F) the value of the property stolen is less than |
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| 60 | 60 | | $20,000 and the property stolen is insulated or noninsulated wire |
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| 61 | 61 | | or cable that consists of at least 50 percent: |
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| 62 | 62 | | (i) aluminum; |
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| 63 | 63 | | (ii) bronze; or |
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| 64 | 64 | | (iii) copper; or |
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| 65 | 65 | | (G) the property stolen is a pet; |
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| 66 | 66 | | (5) a felony of the third degree if the value of the |
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| 67 | 67 | | property stolen is $20,000 or more but less than $100,000, or the |
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| 68 | 68 | | property is: |
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| 69 | 69 | | (A) 10 or more head of cattle, horses, or exotic |
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| 70 | 70 | | livestock or exotic fowl as defined by Section 142.001, Agriculture |
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| 71 | 71 | | Code, stolen during a single transaction and having an aggregate |
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| 72 | 72 | | value of less than $100,000; or |
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| 73 | 73 | | (B) 100 or more head of sheep, swine, or goats |
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| 74 | 74 | | stolen during a single transaction and having an aggregate value of |
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| 75 | 75 | | less than $100,000; |
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| 76 | 76 | | (6) a felony of the second degree if the value of the |
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| 77 | 77 | | property stolen is $100,000 or more but less than $200,000; or |
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| 78 | 78 | | (7) a felony of the first degree if the value of the |
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| 79 | 79 | | property stolen is $200,000 or more. |
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| 80 | 80 | | SECTION 3. The change in law made by this Act applies only |
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| 81 | 81 | | to an offense committed on or after the effective date of this Act. |
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| 82 | 82 | | An offense committed before the effective date of this Act is |
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| 83 | 83 | | covered by the law in effect when the offense was committed, and the |
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| 84 | 84 | | former law is continued in effect for that purpose. For purposes of |
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| 85 | 85 | | this section, an offense is committed before the effective date of |
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| 86 | 86 | | this Act if any element of the offense occurs before that date. |
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| 87 | 87 | | SECTION 4. This Act takes effect September 1, 2009. |
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