Texas 2011 - 82nd Regular

Texas Senate Bill SB887 Compare Versions

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1	1	By: Carona, Huffman S.B. No. 887
2	2	Patrick
3	3	(Riddle, Gallego, Taylor of Collin, Carter)
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the penalty for theft of an automated teller machine or
9	9	the contents or components of an automated teller machine.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subsection (e), Section 31.03, Penal Code, is
12	12	amended to read as follows:
13	13	(e) Except as provided by Subsection (f), an offense under
14	14	this section is:
15	15	(1) a Class C misdemeanor if the value of the property
16	16	stolen is less than:
17	17	(A) $50; or
18	18	(B) $20 and the defendant obtained the property
19	19	by issuing or passing a check or similar sight order in a manner
20	20	described by Section 31.06;
21	21	(2) a Class B misdemeanor if:
22	22	(A) the value of the property stolen is:
23	23	(i) $50 or more but less than $500; or
24	24	(ii) $20 or more but less than $500 and the
25	25	defendant obtained the property by issuing or passing a check or
26	26	similar sight order in a manner described by Section 31.06;
27	27	(B) the value of the property stolen is less
28	28	than:
29	29	(i) $50 and the defendant has previously
30	30	been convicted of any grade of theft; or
31	31	(ii) $20, the defendant has previously been
32	32	convicted of any grade of theft, and the defendant obtained the
33	33	property by issuing or passing a check or similar sight order in a
34	34	manner described by Section 31.06; or
35	35	(C) the property stolen is a driver's license,
36	36	commercial driver's license, or personal identification
37	37	certificate issued by this state or another state;
38	38	(3) a Class A misdemeanor if the value of the property
39	39	stolen is $500 or more but less than $1,500;
40	40	(4) a state jail felony if:
41	41	(A) the value of the property stolen is $1,500 or
42	42	more but less than $20,000, or the property is less than 10 head of
43	43	sheep, swine, or goats or any part thereof under the value of
44	44	$20,000;
45	45	(B) regardless of value, the property is stolen
46	46	from the person of another or from a human corpse or grave,
47	47	including property that is a military grave marker;
48	48	(C) the property stolen is a firearm, as defined
49	49	by Section 46.01;
50	50	(D) the value of the property stolen is less than
51	51	$1,500 and the defendant has been previously convicted two or more
52	52	times of any grade of theft;
53	53	(E) the property stolen is an official ballot or
54	54	official carrier envelope for an election; or
55	55	(F) the value of the property stolen is less than
56	56	$20,000 and the property stolen is insulated or noninsulated
57	57	tubing, rods, water gate stems, wire, or cable that consists of at
58	58	least 50 percent:
59	59	(i) aluminum;
60	60	(ii) bronze; or
61	61	(iii) copper;
62	62	(5) a felony of the third degree if the value of the
63	63	property stolen is $20,000 or more but less than $100,000, or the
64	64	property is:
65	65	(A) cattle, horses, or exotic livestock or exotic
66	66	fowl as defined by Section 142.001, Agriculture Code, stolen during
67	67	a single transaction and having an aggregate value of less than
68	68	$100,000; or
69	69	(B) 10 or more head of sheep, swine, or goats
70	70	stolen during a single transaction and having an aggregate value of
71	71	less than $100,000;
72	72	(6) a felony of the second degree if:
73	73	(A) the value of the property stolen is $100,000
74	74	or more but less than $200,000; or
75	75	(B) the value of the property stolen is less than
76	76	$200,000 and the property stolen is an automated teller machine or
77	77	the contents or components of an automated teller machine; or
78	78	(7) a felony of the first degree if the value of the
79	79	property stolen is $200,000 or more.
80	80	SECTION 2. Subsection (h), Section 31.03, Penal Code, is
81	81	amended by adding Subdivision (4) to read as follows:
82	82	(4) "Automated teller machine" means an unstaffed
83	83	electronic information processing device that, at the request of a
84	84	user, performs a financial transaction through the direct
85	85	transmission of electronic impulses to a financial institution or
86	86	through the recording of electronic impulses or other indicia of a
87	87	transaction for delayed transmission to a financial institution.
88	88	The term includes an automated banking machine.
89	89	SECTION 3. The change in law made by this Act applies only
90	90	to an offense committed on or after the effective date of this Act.
91	91	An offense committed before the effective date of this Act is
92	92	governed by the law in effect when the offense was committed, and
93	93	the former law is continued in effect for that purpose. For
94	94	purposes of this section, an offense was committed before the
95	95	effective date of this Act if any element of the offense occurred
96	96	before that date.
97	97	SECTION 4. This Act takes effect September 1, 2011.