Texas 2011 - 82nd Regular

Texas Senate Bill SB388

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the offense of organized retail theft.

Impact

The enactment of SB388 is expected to enhance the state’s tools for prosecuting organized retail theft, thus potentially leading to more stringent enforcement of theft laws and increased penalties for offenders. By clearly defining organized retail theft and establishing escalated punishment based on the value of stolen merchandise, the bill aims to deter criminal activity and support retailers in protecting their assets. Furthermore, it may lead to increased reporting of theft incidents by retailers, knowing that the law is more equipped to handle such cases. Ultimately, if effectively implemented, this legislation could contribute to reducing the prevalence of retail theft in Texas.

Summary

SB388 is a legislative measure that aims to address the issue of organized retail theft in Texas. This bill amends Section 31.16 of the Penal Code to provide clear definitions and penalties for various offenses related to the theft of retail merchandise. The bill defines organized retail theft as engaging in a scheme to steal merchandise from a retail establishment or facilitating the sale of stolen goods. The penalties for such offenses vary based on the total value of the merchandise involved, ranging from a Class B misdemeanor for goods valued under $500 to a first-degree felony for thefts exceeding $200,000. This tiered punishment strategy underscores the seriousness with which the state intends to combat organized theft practices.

Sentiment

The sentiment surrounding SB388 appears largely supportive among retail advocates and law enforcement agencies, who view the bill as a necessary measure to address growing concerns over organized retail theft. Retailers have expressed frustration over the increasing costs associated with theft, which not only impact their bottom line but also affect broader economic stability within the community. While there is general agreement on the need to combat retail theft, some critics have raised concerns regarding the potential for disproportionately harsh penalties, particularly for lower-tier offenses, and how those penalties could affect offenders.

Contention

One notable point of contention in the discussions surrounding SB388 is the potential for over-policing and the impact of stringent theft laws on vulnerable populations. While proponents argue the bill is a needed response to serious criminal threats, opponents caution that increased penalties could lead to negative outcomes, such as rising incarceration rates for non-violent offenders. This tension highlights the broader debate on balancing effective law enforcement with cautious measures that avoid criminalizing poverty or lack of resources. The bill's progress will likely continue to engage various stakeholders, including legislators, advocacy groups, and the community.

Companion Bills

TX HB2482

Identical Relating to the prosecution of and punishment for certain offenses involving theft.

Similar Bills

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