Texas 2013 - 83rd Regular

Texas House Bill HB1069 Compare Versions

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1	1	83R7048 MEW-F
2	2	By: McClendon H.B. No. 1069
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the classification of certain misdemeanor and felony
8	8	theft offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 31.03(e), Penal Code, is amended to read
11	11	as follows:
12	12	(e) Except as provided by Subsection (f), an offense under
13	13	this section is:
14	14	(1) a Class C misdemeanor if the value of the property
15	15	stolen is less than:
16	16	(A) $100 [$50]; or
17	17	(B) $20 and the defendant obtained the property
18	18	by issuing or passing a check or similar sight order in a manner
19	19	described by Section 31.06;
20	20	(2) a Class B misdemeanor if:
21	21	(A) the value of the property stolen is:
22	22	(i) $100 [$50] or more but less than $1,000
23	23	[$500]; or
24	24	(ii) $20 or more but less than $1,000 [$500]
25	25	and the defendant obtained the property by issuing or passing a
26	26	check or 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) $100 [$50] and the defendant has
30	30	previously 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 $1,000 [$500] or more but less than $3,000 [$1,500];
40	40	(4) a state jail felony if:
41	41	(A) the value of the property stolen is $3,000
42	42	[$1,500] or more but less than $20,000, or the property is less than
43	43	10 head of sheep, swine, or goats or any part thereof under the
44	44	value of $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	$3,000 [$1,500] and the defendant has been previously convicted two
52	52	or more 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:
57	57	(i) aluminum;
58	58	(ii) bronze;
59	59	(iii) copper; or
60	60	(iv) brass;
61	61	(5) a felony of the third degree if the value of the
62	62	property stolen is $20,000 or more but less than $100,000, or the
63	63	property is:
64	64	(A) cattle, horses, or exotic livestock or exotic
65	65	fowl as defined by Section 142.001, Agriculture Code, stolen during
66	66	a single transaction and having an aggregate value of less than
67	67	$100,000; or
68	68	(B) 10 or more head of sheep, swine, or goats
69	69	stolen during a single transaction and having an aggregate value of
70	70	less than $100,000;
71	71	(6) a felony of the second degree if:
72	72	(A) the value of the property stolen is $100,000
73	73	or more but less than $200,000; or
74	74	(B) the value of the property stolen is less than
75	75	$200,000 and the property stolen is an automated teller machine or
76	76	the contents or components of an automated teller machine; or
77	77	(7) a felony of the first degree if the value of the
78	78	property stolen is $200,000 or more.
79	79	SECTION 2. Section 31.08(c), Penal Code, is amended to read
80	80	as follows:
81	81	(c) If property or service has value that cannot be
82	82	reasonably ascertained by the criteria set forth in Subsections (a)
83	83	and (b), the property or service is deemed to have a value of, as
84	84	applicable:
85	85	(1) $500 or more but less than $1,500; or
86	86	(2) $1,000 or more but less than $3,000, if the actor
87	87	is charged with an offense under Section 31.03.
88	88	SECTION 3. The change in law made by this Act applies only
89	89	to an offense committed on or after the effective date of this Act.
90	90	An offense committed before the effective date of this Act is
91	91	governed by the law in effect on the date the offense was committed,
92	92	and the former law is continued in effect for that purpose. For
93	93	purposes of this section, an offense was committed before the
94	94	effective date of this Act if any element of the offense occurred
95	95	before that date.
96	96	SECTION 4. This Act takes effect September 1, 2013.