Texas 2009 - 81st Regular

Texas Senate Bill SB1163 Compare Versions

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1	1	S.B. No. 1163
2	2
3	3
4	4	AN ACT
5	5	relating to the penalties for theft of cattle, horses, exotic
6	6	livestock, exotic fowl, sheep, swine, or goats.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subsection (e), Section 31.03, Penal Code, is
9	9	amended to read as follows:
10	10	(e) Except as provided by Subsection (f), an offense under
11	11	this section is:
12	12	(1) a Class C misdemeanor if the value of the property
13	13	stolen is less than:
14	14	(A) $50; or
15	15	(B) $20 and the defendant obtained the property
16	16	by issuing or passing a check or similar sight order in a manner
17	17	described by Section 31.06;
18	18	(2) a Class B misdemeanor if:
19	19	(A) the value of the property stolen is:
20	20	(i) $50 or more but less than $500; or
21	21	(ii) $20 or more but less than $500 and the
22	22	defendant obtained the property by issuing or passing a check or
23	23	similar sight order in a manner described by Section 31.06; or
24	24	(B) the value of the property stolen is less
25	25	than:
26	26	(i) $50 and the defendant has previously
27	27	been convicted of any grade of theft; or
28	28	(ii) $20, the defendant has previously been
29	29	convicted of any grade of theft, and the defendant obtained the
30	30	property by issuing or passing a check or similar sight order in a
31	31	manner described by Section 31.06;
32	32	(3) a Class A misdemeanor if the value of the property
33	33	stolen is $500 or more but less than $1,500;
34	34	(4) a state jail felony if:
35	35	(A) the value of the property stolen is $1,500 or
36	36	more but less than $20,000, or the property is less than 10 head of
37	37	[cattle, horses, or exotic livestock or exotic fowl as defined by
38	38	Section 142.001, Agriculture Code, or any part thereof under the
39	39	value of $20,000, or less than 100 head of] sheep, swine, or goats
40	40	or any part thereof under the value of $20,000;
41	41	(B) regardless of value, the property is stolen
42	42	from the person of another or from a human corpse or grave;
43	43	(C) the property stolen is a firearm, as defined
44	44	by Section 46.01;
45	45	(D) the value of the property stolen is less than
46	46	$1,500 and the defendant has been previously convicted two or more
47	47	times of any grade of theft;
48	48	(E) the property stolen is an official ballot or
49	49	official carrier envelope for an election; or
50	50	(F) the value of the property stolen is less than
51	51	$20,000 and the property stolen is insulated or noninsulated wire
52	52	or cable that consists of at least 50 percent:
53	53	(i) aluminum;
54	54	(ii) bronze; or
55	55	(iii) copper;
56	56	(5) a felony of the third degree if the value of the
57	57	property stolen is $20,000 or more but less than $100,000, or the
58	58	property is:
59	59	(A) [10 or more head of] cattle, horses, or
60	60	exotic livestock or exotic fowl as defined by Section 142.001,
61	61	Agriculture Code, stolen during a single transaction and having an
62	62	aggregate value of less than $100,000; or
63	63	(B) 10 [100] or more head of sheep, swine, or
64	64	goats stolen during a single transaction and having an aggregate
65	65	value of less than $100,000;
66	66	(6) a felony of the second degree if the value of the
67	67	property stolen is $100,000 or more but less than $200,000; or
68	68	(7) a felony of the first degree if the value of the
69	69	property stolen is $200,000 or more.
70	70	SECTION 2. The change in law made by this Act applies only
71	71	to an offense committed on or after the effective date of this Act.
72	72	An offense committed before the effective date of this Act is
73	73	covered by the law in effect when the offense was committed, and the
74	74	former law is continued in effect for that purpose. For purposes of
75	75	this section, an offense was committed before the effective date of
76	76	this Act if any element of the offense occurred before that date.
77	77	SECTION 3. This Act takes effect September 1, 2009.
78	78	______________________________ ______________________________
79	79	President of the Senate Speaker of the House
80	80	I hereby certify that S.B. No. 1163 passed the Senate on
81	81	April 16, 2009, by the following vote: Yeas 29, Nays 2.
82	82	______________________________
83	83	Secretary of the Senate
84	84	I hereby certify that S.B. No. 1163 passed the House on
85	85	May 12, 2009, by the following vote: Yeas 149, Nays 0, one
86	86	present not voting.
87	87	______________________________
88	88	Chief Clerk of the House
89	89	Approved:
90	90	______________________________
91	91	Date
92	92	______________________________
93	93	Governor