| 1 | 1 | | By: Campbell S.B. No. 554 |
|---|
| 2 | 2 | | (Miller of Fort Bend) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the penalty for theft of an official ballot or official |
|---|
| 8 | 8 | | carrier envelope for an election. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subsection (e), Section 31.03, Penal Code, is |
|---|
| 11 | 11 | | amended to read 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) $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) $50 or more but less than $500; or |
|---|
| 23 | 23 | | (ii) $20 or more but less than $500 and the |
|---|
| 24 | 24 | | defendant obtained the property by issuing or passing a check or |
|---|
| 25 | 25 | | similar sight order in a manner described by Section 31.06; |
|---|
| 26 | 26 | | (B) the value of the property stolen is less |
|---|
| 27 | 27 | | than: |
|---|
| 28 | 28 | | (i) $50 and the defendant has previously |
|---|
| 29 | 29 | | been convicted of any grade of theft; or |
|---|
| 30 | 30 | | (ii) $20, the defendant has previously been |
|---|
| 31 | 31 | | convicted of any grade of theft, and the defendant obtained the |
|---|
| 32 | 32 | | property by issuing or passing a check or similar sight order in a |
|---|
| 33 | 33 | | manner described by Section 31.06; or |
|---|
| 34 | 34 | | (C) the property stolen is a driver's license, |
|---|
| 35 | 35 | | commercial driver's license, or personal identification |
|---|
| 36 | 36 | | certificate issued by this state or another state; |
|---|
| 37 | 37 | | (3) a Class A misdemeanor if the value of the property |
|---|
| 38 | 38 | | stolen is $500 or more but less than $1,500; |
|---|
| 39 | 39 | | (4) a state jail felony if: |
|---|
| 40 | 40 | | (A) the value of the property stolen is $1,500 or |
|---|
| 41 | 41 | | more but less than $20,000, or the property is less than 10 head of |
|---|
| 42 | 42 | | sheep, swine, or goats or any part thereof under the value of |
|---|
| 43 | 43 | | $20,000; |
|---|
| 44 | 44 | | (B) regardless of value, the property is stolen |
|---|
| 45 | 45 | | from the person of another or from a human corpse or grave, |
|---|
| 46 | 46 | | including property that is a military grave marker; |
|---|
| 47 | 47 | | (C) the property stolen is a firearm, as defined |
|---|
| 48 | 48 | | by Section 46.01; |
|---|
| 49 | 49 | | (D) the value of the property stolen is less than |
|---|
| 50 | 50 | | $1,500 and the defendant has been previously convicted two or more |
|---|
| 51 | 51 | | times of any grade of theft; or |
|---|
| 52 | 52 | | (E) [the property stolen is an official ballot or |
|---|
| 53 | 53 | | official carrier envelope for an election; or |
|---|
| 54 | 54 | | [(F)] the value of the property stolen is less |
|---|
| 55 | 55 | | than $20,000 and the property stolen is: |
|---|
| 56 | 56 | | (i) aluminum; |
|---|
| 57 | 57 | | (ii) bronze; |
|---|
| 58 | 58 | | (iii) copper; or |
|---|
| 59 | 59 | | (iv) brass; |
|---|
| 60 | 60 | | (5) a felony of the third degree if the value of the |
|---|
| 61 | 61 | | property stolen is $20,000 or more but less than $100,000, or the |
|---|
| 62 | 62 | | property is: |
|---|
| 63 | 63 | | (A) cattle, horses, or exotic livestock or exotic |
|---|
| 64 | 64 | | fowl as defined by Section 142.001, Agriculture Code, stolen during |
|---|
| 65 | 65 | | a single transaction and having an aggregate value of less than |
|---|
| 66 | 66 | | $100,000; [or] |
|---|
| 67 | 67 | | (B) 10 or more head of sheep, swine, or goats |
|---|
| 68 | 68 | | stolen during a single transaction and having an aggregate value of |
|---|
| 69 | 69 | | less than $100,000; or |
|---|
| 70 | 70 | | (C) an official ballot or official carrier |
|---|
| 71 | 71 | | envelope for an election; |
|---|
| 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. The change in law made by this Act applies only |
|---|
| 81 | 81 | | to an offense committed on or after the effective date of this Act. |
|---|
| 82 | 82 | | An offense committed before the effective date of this Act is |
|---|
| 83 | 83 | | covered by the law in effect when the offense was committed, and the |
|---|
| 84 | 84 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 85 | 85 | | this section, an offense is committed before the effective date of |
|---|
| 86 | 86 | | this Act if any element of the offense occurs before that date. |
|---|
| 87 | 87 | | SECTION 3. This Act takes effect September 1, 2013. |
|---|