83R7048 MEW-F
By: McClendon H.B. No. 1069
A BILL TO BE ENTITLED
AN ACT
relating to the classification of certain misdemeanor and felony
theft offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.03(e), 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) $100 [$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) $100 [$50] or more but less than $1,000
[$500]; or
(ii) $20 or more but less than $1,000 [$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) $100 [$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 $1,000 [$500] or more but less than $3,000 [$1,500];
(4) a state jail felony if:
(A) the value of the property stolen is $3,000
[$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
$3,000 [$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:
(i) aluminum;
(ii) bronze;
(iii) copper; or
(iv) brass;
(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. Section 31.08(c), Penal Code, is amended to read
as follows:
(c) If property or service has value that cannot be
reasonably ascertained by the criteria set forth in Subsections (a)
and (b), the property or service is deemed to have a value of, as
applicable:
(1) $500 or more but less than $1,500; or
(2) $1,000 or more but less than $3,000, if the actor
is charged with an offense under Section 31.03.
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 on the date 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, 2013.