S.B. No. 887
AN ACT
relating to the penalty for theft of an automated teller machine or
the contents or components of an automated teller machine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 31.03, Penal Code, is
amended to read as follows:
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than:
(A) $50; or
(B) $20 and the defendant obtained the property
by issuing or passing a check or similar sight order in a manner
described by Section 31.06;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is:
(i) $50 or more but less than $500; or
(ii) $20 or more but less than $500 and the
defendant obtained the property by issuing or passing a check or
similar sight order in a manner described by Section 31.06;
(B) the value of the property stolen is less
than:
(i) $50 and the defendant has previously
been convicted of any grade of theft; or
(ii) $20, the defendant has previously been
convicted of any grade of theft, and the defendant obtained the
property by issuing or passing a check or similar sight order in a
manner described by Section 31.06; or
(C) the property stolen is a driver's license,
commercial driver's license, or personal identification
certificate issued by this state or another state;
(3) a Class A misdemeanor if the value of the property
stolen is $500 or more but less than $1,500;
(4) a state jail felony if:
(A) the value of the property stolen is $1,500 or
more but less than $20,000, or the property is less than 10 head of
sheep, swine, or goats or any part thereof under the value of
$20,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave,
including property that is a military grave marker;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) the value of the property stolen is less than
$1,500 and the defendant has been previously convicted two or more
times of any grade of theft;
(E) the property stolen is an official ballot or
official carrier envelope for an election; or
(F) the value of the property stolen is less than
$20,000 and the property stolen is insulated or noninsulated
tubing, rods, water gate stems, wire, or cable that consists of at
least 50 percent:
(i) aluminum;
(ii) bronze; or
(iii) copper;
(5) a felony of the third degree if the value of the
property stolen is $20,000 or more but less than $100,000, or the
property is:
(A) cattle, horses, or exotic livestock or exotic
fowl as defined by Section 142.001, Agriculture Code, stolen during
a single transaction and having an aggregate value of less than
$100,000; or
(B) 10 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $100,000;
(6) a felony of the second degree if:
(A) the value of the property stolen is $100,000
or more but less than $200,000; or
(B) the value of the property stolen is less than
$200,000 and the property stolen is an automated teller machine or
the contents or components of an automated teller machine; or
(7) a felony of the first degree if the value of the
property stolen is $200,000 or more.
SECTION 2. Subsection (h), Section 31.03, Penal Code, is
amended by adding Subdivision (4) to read as follows:
(4) "Automated teller machine" means an unstaffed
electronic information processing device that, at the request of a
user, performs a financial transaction through the direct
transmission of electronic impulses to a financial institution or
through the recording of electronic impulses or other indicia of a
transaction for delayed transmission to a financial institution.
The term includes an automated banking machine.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 887 passed the Senate on
March 31, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 887 passed the House on May 9,
2011, by the following vote: Yeas 142, Nays 0, one present not
voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor