H.B. No. 1396
AN ACT
relating to certain criminal offenses, punishments, and
procedures; the construction of certain statutes and rules that
create or define criminal offenses and penalties; a review of
certain penal laws of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.02(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A search warrant may be issued to search for and seize:
(1) property acquired by theft or in any other manner
which makes its acquisition a penal offense;
(2) property specially designed, made, or adapted for
or commonly used in the commission of an offense;
(3) arms and munitions kept or prepared for the
purposes of insurrection or riot;
(4) weapons prohibited by the Penal Code;
(5) gambling devices or equipment, altered gambling
equipment, or gambling paraphernalia;
(6) obscene materials kept or prepared for commercial
distribution or exhibition, subject to the additional rules set
forth by law;
(7) a drug, controlled substance, immediate
precursor, chemical precursor, or other controlled substance
property, including an apparatus or paraphernalia kept, prepared,
or manufactured in violation of the laws of this state;
(8) any property the possession of which is prohibited
by law;
(9) implements or instruments used in the commission
of a crime;
(10) property or items, except the personal writings
by the accused, constituting evidence of an offense or constituting
evidence tending to show that a particular person committed an
offense;
(11) persons;
(12) contraband subject to forfeiture under Chapter 59
of this code; [or]
(13) electronic customer data held in electronic
storage, including the contents of and records and other
information related to a wire communication or electronic
communication held in electronic storage; or
(14) a cellular telephone or other wireless
communications device, subject to Article 18.0215.
SECTION 2. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.0215 to read as follows:
Art. 18.0215. ACCESS TO CELLULAR TELEPHONE OR OTHER
WIRELESS COMMUNICATIONS DEVICE. (a) A peace officer may not search
a person's cellular telephone or other wireless communications
device, pursuant to a lawful arrest of the person without obtaining
a warrant under this article.
(b) A warrant under this article may be issued only by a
judge in the same judicial district as the site of:
(1) the law enforcement agency that employs the peace
officer, if the cellular telephone or other wireless communications
device is in the officer's possession; or
(2) the likely location of the telephone or device.
(c) A judge may issue a warrant under this article only on
the application of a peace officer. An application must be written
and signed and sworn to or affirmed before the judge. The
application must:
(1) state the name, department, agency, and address of
the applicant;
(2) identify the cellular telephone or other wireless
communications device to be searched;
(3) state the name of the owner or possessor of the
telephone or device to be searched;
(4) state the judicial district in which:
(A) the law enforcement agency that employs the
peace officer is located, if the telephone or device is in the
officer's possession; or
(B) the telephone or device is likely to be
located; and
(5) state the facts and circumstances that provide the
applicant with probable cause to believe that:
(A) criminal activity has been, is, or will be
committed; and
(B) searching the telephone or device is likely
to produce evidence in the investigation of the criminal activity
described in Paragraph (A).
(d) Notwithstanding any other law, a peace officer may
search a cellular telephone or other wireless communications device
without a warrant if:
(1) the owner or possessor of the telephone or device
consents to the search;
(2) the telephone or device is reported stolen by the
owner or possessor; or
(3) the officer reasonably believes that:
(A) the telephone or device is in the possession
of a fugitive from justice for whom an arrest warrant has been
issued for committing a felony offense; or
(B) there exists an immediate life-threatening
situation, as defined by Section 1, Article 18.20.
(e) A peace officer must apply for a warrant to search a
cellular telephone or other wireless communications device as soon
as practicable after a search is conducted under Subsection
(d)(3)(A) or (B). If the judge finds that the applicable situation
under Subsection (d)(3)(A) or (B) did not occur and declines to
issue the warrant, any evidence obtained is not admissible in a
criminal action.
SECTION 3. Article 32A.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 32A.01. TRIAL PRIORITIES. (a) Insofar as is
practicable, the trial of a criminal action shall be given
preference over trials of civil cases, and the trial of a criminal
action against a defendant who is detained in jail pending trial of
the action shall be given preference over trials of other criminal
actions not described by Subsection (b).
(b) Unless extraordinary circumstances require otherwise,
the trial of a criminal action in which the alleged victim is
younger than 14 years of age shall be given preference over other
matters before the court, whether civil or criminal.
SECTION 4. Subchapter C, Chapter 311, Government Code, is
amended by adding Section 311.035 to read as follows:
Sec. 311.035. CONSTRUCTION OF STATUTE OR RULE INVOLVING
CRIMINAL OFFENSE OR PENALTY. (a) In this section, "actor" and
"element of offense" have the meanings assigned by Section 1.07,
Penal Code.
(b) Except as provided by Subsection (c), a statute or rule
that creates or defines a criminal offense or penalty shall be
construed in favor of the actor if any part of the statute or rule is
ambiguous on its face or as applied to the case, including:
(1) an element of offense; or
(2) the penalty to be imposed.
(c) Subsection (b) does not apply to a criminal offense or
penalty under the Penal Code or under the Texas Controlled
Substances Act.
(d) The ambiguity of a part of a statute or rule to which
this section applies is a matter of law to be resolved by the judge.
SECTION 5. Sections 28.03(b), (f), (h), and (j), Penal
Code, are amended to read as follows:
(b) Except as provided by Subsections (f) and (h), an
offense under this section is:
(1) a Class C misdemeanor if:
(A) the amount of pecuniary loss is less than
$100 [$50]; or
(B) except as provided in Subdivision (3)(A) or
(3)(B), it causes substantial inconvenience to others;
(2) a Class B misdemeanor if the amount of pecuniary
loss is $100 [$50] or more but less than $750 [$500];
(3) a Class A misdemeanor if:
(A) the amount of pecuniary loss is $750 [$500]
or more but less than $2,500 [$1,500]; or
(B) the actor causes in whole or in part
impairment or interruption of any public water supply, or causes to
be diverted in whole, in part, or in any manner, including
installation or removal of any device for any such purpose, any
public water supply, regardless of the amount of the pecuniary
loss;
(4) a state jail felony if the amount of pecuniary loss
is:
(A) $2,500 [$1,500] or more but less than $30,000
[$20,000];
(B) less than $2,500 [$1,500], if the property
damaged or destroyed is a habitation and if the damage or
destruction is caused by a firearm or explosive weapon;
(C) less than $2,500 [$1,500], if the property
was a fence used for the production or containment of:
(i) cattle, bison, horses, sheep, swine,
goats, exotic livestock, or exotic poultry; or
(ii) game animals as that term is defined by
Section 63.001, Parks and Wildlife Code; or
(D) less than $30,000 [$20,000] and the actor
causes wholly or partly impairment or interruption of public
communications, public transportation, public gas or power supply,
or other public service, or causes to be diverted wholly, partly, or
in any manner, including installation or removal of any device for
any such purpose, any public communications or public gas or power
supply;
(5) a felony of the third degree if the amount of the
pecuniary loss is $30,000 [$20,000] or more but less than $150,000
[$100,000];
(6) a felony of the second degree if the amount of
pecuniary loss is $150,000 [$100,000] or more but less than
$300,000 [$200,000]; or
(7) a felony of the first degree if the amount of
pecuniary loss is $300,000 [$200,000] or more.
(f) An offense under this section is a state jail felony if
the damage or destruction is inflicted on a place of worship or
human burial, a public monument, or a community center that
provides medical, social, or educational programs and the amount of
the pecuniary loss to real property or to tangible personal
property is $750 or more but less than $30,000 [$20,000].
(h) An offense under this section is a state jail felony if
the amount of the pecuniary loss to real property or to tangible
personal property is $750 [$1,500] or more but less than $30,000
[$20,000] and the damage or destruction is inflicted on a public or
private elementary school, secondary school, or institution of
higher education.
(j) Notwithstanding Subsection (b), an offense under this
section is a felony of the third degree if:
(1) the tangible property damaged, destroyed, or
tampered with is transportation communications equipment or a
transportation communications device; and
(2) the amount of the pecuniary loss to the tangible
property is less than $150,000 [$100,000].
SECTION 6. Section 28.06(d), Penal Code, is amended to read
as follows:
(d) If the amount of pecuniary loss cannot be ascertained by
the criteria set forth in Subsections (a) through (c), the amount of
loss is deemed to be greater than $750 [$500] but less than $2,500
[$1,500].
SECTION 7. Section 28.07(e), Penal Code, is amended to read
as follows:
(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or
(b)(2)(D) is a Class C misdemeanor unless the person causes
pecuniary loss of $100 or more, in which event the offense is:
(1) a Class B misdemeanor if the amount of pecuniary
loss is $100 [$20] or more but less than $750 [$500];
(2) a Class A misdemeanor if the amount of pecuniary
loss is $750 [$500] or more but less than $2,500 [$1,500];
(3) a state jail felony if the amount of pecuniary loss
is $2,500 [$1,500] or more but less than $30,000 [$20,000];
(4) a felony of the third degree if the amount of the
pecuniary loss is $30,000 [$20,000] or more but less than $150,000
[$100,000];
(5) a felony of the second degree if the amount of
pecuniary loss is $150,000 [$100,000] or more but less than
$300,000 [$200,000]; or
(6) a felony of the first degree if the amount of the
pecuniary loss is $300,000 [$200,000] or more.
SECTION 8. Sections 28.08(b) and (d), Penal Code, are
amended to read as follows:
(b) Except as provided by Subsection (d), an offense under
this section is:
(1) a Class C misdemeanor if the amount of pecuniary
loss is less than $100;
(2) a Class B misdemeanor if the amount of pecuniary
loss is $100 or more but less than $750 [$500];
(3) [(2)] a Class A misdemeanor if the amount of
pecuniary loss is $750 [$500] or more but less than $2,500 [$1,500];
(4) [(3)] a state jail felony if the amount of
pecuniary loss is $2,500 [$1,500] or more but less than $30,000
[$20,000];
(5) [(4)] a felony of the third degree if the amount of
pecuniary loss is $30,000 [$20,000] or more but less than $150,000
[$100,000];
(6) [(5)] a felony of the second degree if the amount
of pecuniary loss is $150,000 [$100,000] or more but less than
$300,000 [$200,000]; or
(7) [(6)] a felony of the first degree if the amount of
pecuniary loss is $300,000 [$200,000] or more.
(d) An offense under this section is a state jail felony if:
(1) the marking is made on a school, an institution of
higher education, a place of worship or human burial, a public
monument, or a community center that provides medical, social, or
educational programs; and
(2) the amount of the pecuniary loss to real property
or to tangible personal property is $750 or more but less than
$30,000 [$20,000].
SECTION 9. Article 14.06(d), Code of Criminal Procedure, is
amended to read as follows:
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(2) Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(2) or (3) [(b)(1)] of that section;
(4) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
SECTION 10. 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 $100[:
[(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 $100[:
[(i) $50] or more but less than $750 [$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
$100[:
[(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 $750 [$500] or more but less than $2,500 [$1,500];
(4) a state jail felony if:
(A) the value of the property stolen is $2,500
[$1,500] or more but less than $30,000 [$20,000], or the property is
less than 10 head of sheep, swine, or goats or any part thereof
under the value of $30,000 [$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
$2,500 [$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 $30,000 [$20,000] or more but less than $150,000
[$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
$150,000 [$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 $150,000 [$100,000];
(6) a felony of the second degree if:
(A) the value of the property stolen is $150,000
[$100,000] or more but less than $300,000 [$200,000]; or
(B) the value of the property stolen is less than
$300,000 [$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 $300,000 [$200,000] or more.
SECTION 11. Sections 31.04(b) and (e), Penal Code, are
amended to read as follows:
(b) For purposes of this section, intent to avoid payment is
presumed if:
(1) the actor absconded without paying for the service
or expressly refused to pay for the service in circumstances where
payment is ordinarily made immediately upon rendering of the
service, as in hotels, campgrounds, recreational vehicle parks,
restaurants, and comparable establishments;
(2) the actor failed to make payment under a service
agreement within 10 days after receiving notice demanding payment;
(3) the actor returns property held under a rental
agreement after the expiration of the rental agreement and fails to
pay the applicable rental charge for the property within 10 days
after the date on which the actor received notice demanding
payment; or
(4) the actor failed to return the property held under
a rental agreement:
(A) within five days after receiving notice
demanding return, if the property is valued at less than $2,500
[$1,500]; or
(B) within three days after receiving notice
demanding return, if the property is valued at $2,500 [$1,500] or
more.
(e) An offense under this section is:
(1) a Class C misdemeanor if the value of the service
stolen is less than $100 [$20];
(2) a Class B misdemeanor if the value of the service
stolen is $100 [$20] or more but less than $750 [$500];
(3) a Class A misdemeanor if the value of the service
stolen is $750 [$500] or more but less than $2,500 [$1,500];
(4) a state jail felony if the value of the service
stolen is $2,500 [$1,500] or more but less than $30,000 [$20,000];
(5) a felony of the third degree if the value of the
service stolen is $30,000 [$20,000] or more but less than $150,000
[$100,000];
(6) a felony of the second degree if the value of the
service stolen is $150,000 [$100,000] or more but less than
$300,000 [$200,000]; or
(7) a felony of the first degree if the value of the
service stolen is $300,000 [$200,000] or more.
SECTION 12. 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 $750
[$500] or more but less than $2,500 [$1,500].
SECTION 13. Sections 31.16(c) and (d), Penal Code, are
amended to read as follows:
(c) An offense under this section is:
(1) a Class C misdemeanor if the total value of the
merchandise involved in the activity is less than $100;
(2) a Class B misdemeanor if the total value of the
merchandise involved in the activity is $100 or more but less than
$750 [$50];
(3) [(2)] a Class A misdemeanor if the total value of
the merchandise involved in the activity is $750 [$50] or more but
less than $2,500 [$500];
(4) [(3)] a state jail felony if the total value of the
merchandise involved in the activity is $2,500 [$500] or more but
less than $30,000 [$1,500];
(5) [(4)] a felony of the third degree if the total
value of the merchandise involved in the activity is $30,000
[$1,500] or more but less than $150,000 [$20,000];
(6) [(5)] a felony of the second degree if the total
value of the merchandise involved in the activity is $150,000
[$20,000] or more but less than $300,000 [$100,000]; or
(7) [(6)] a felony of the first degree if the total
value of the merchandise involved in the activity is $300,000
[$100,000] or more.
(d) An offense described for purposes of punishment by
Subsections (c)(1)-(6) [(c)(1)-(5)] is increased to the next higher
category of offense if it is shown on the trial of the offense that:
(1) the person organized, supervised, financed, or
managed one or more other persons engaged in an activity described
by Subsection (b); or
(2) during the commission of the offense, a person
engaged in an activity described by Subsection (b) intentionally,
knowingly, or recklessly:
(A) caused a fire exit alarm to sound or
otherwise become activated;
(B) deactivated or otherwise prevented a fire
exit alarm or retail theft detector from sounding; or
(C) used a shielding or deactivation instrument
to prevent or attempt to prevent detection of the offense by a
retail theft detector.
SECTION 14. Section 32.02(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 $750
[$500] or more but less than $2,500 [$1,500].
SECTION 15. Section 32.23(e), Penal Code, is amended to
read as follows:
(e) An offense under this section is a:
(1) Class C misdemeanor if the retail value of the item
or service is less than $100 [$20];
(2) Class B misdemeanor if the retail value of the item
or service is $100 [$20] or more but less than $750 [$500];
(3) Class A misdemeanor if the retail value of the item
or service is $750 [$500] or more but less than $2,500 [$1,500];
(4) state jail felony if the retail value of the item
or service is $2,500 [$1,500] or more but less than $30,000
[$20,000];
(5) felony of the third degree if the retail value of
the item or service is $30,000 [$20,000] or more but less than
$150,000 [$100,000];
(6) felony of the second degree if the retail value of
the item or service is $150,000 [$100,000] or more but less than
$300,000 [$200,000]; or
(7) felony of the first degree if the retail value of
the item or service is $300,000 [$200,000] or more.
SECTION 16. Section 32.32(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is:
(1) a Class C misdemeanor if the value of the property
or the amount of credit is less than $100 [$50];
(2) a Class B misdemeanor if the value of the property
or the amount of credit is $100 [$50] or more but less than $750
[$500];
(3) a Class A misdemeanor if the value of the property
or the amount of credit is $750 [$500] or more but less than $2,500
[$1,500];
(4) a state jail felony if the value of the property or
the amount of credit is $2,500 [$1,500] or more but less than
$30,000 [$20,000];
(5) a felony of the third degree if the value of the
property or the amount of credit is $30,000 [$20,000] or more but
less than $150,000 [$100,000];
(6) a felony of the second degree if the value of the
property or the amount of credit is $150,000 [$100,000] or more but
less than $300,000 [$200,000]; or
(7) a felony of the first degree if the value of the
property or the amount of credit is $300,000 [$200,000] or more.
SECTION 17. Sections 32.33(d) and (e), Penal Code, are
amended to read as follows:
(d) An offense under Subsection (b) is a:
(1) Class C misdemeanor if the value of the property
destroyed, removed, concealed, encumbered, or otherwise harmed or
reduced in value is less than $100 [$20];
(2) Class B misdemeanor if the value of the property
destroyed, removed, concealed, encumbered, or otherwise harmed or
reduced in value is $100 [$20] or more but less than $750 [$500];
(3) Class A misdemeanor if the value of the property
destroyed, removed, concealed, encumbered, or otherwise harmed or
reduced in value is $750 [$500] or more but less than $2,500
[$1,500];
(4) state jail felony if the value of the property
destroyed, removed, concealed, encumbered, or otherwise harmed or
reduced in value is $2,500 [$1,500] or more but less than $30,000
[$20,000];
(5) felony of the third degree if the value of the
property destroyed, removed, concealed, encumbered, or otherwise
harmed or reduced in value is $30,000 [$20,000] or more but less
than $150,000 [$100,000];
(6) felony of the second degree if the value of the
property destroyed, removed, concealed, encumbered, or otherwise
harmed or reduced in value is $150,000 [$100,000] or more but less
than $300,000 [$200,000]; or
(7) felony of the first degree if the value of the
property destroyed, removed, concealed, encumbered, or otherwise
harmed or reduced in value is $300,000 [$200,000] or more.
(e) A person who is a debtor under a security agreement, and
who does not have a right to sell or dispose of the secured property
or is required to account to the secured party for the proceeds of a
permitted sale or disposition, commits an offense if the person
sells or otherwise disposes of the secured property, or does not
account to the secured party for the proceeds of a sale or other
disposition as required, with intent to appropriate (as defined in
Chapter 31) the proceeds or value of the secured property. A person
is presumed to have intended to appropriate proceeds if the person
does not deliver the proceeds to the secured party or account to the
secured party for the proceeds before the 11th day after the day
that the secured party makes a lawful demand for the proceeds or
account. An offense under this subsection is:
(1) a Class C misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of less than $100 [$20];
(2) a Class B misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of $100 [$20] or more but less than $750 [$500];
(3) a Class A misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of $750 [$500] or more but less than $2,500 [$1,500];
(4) a state jail felony if the proceeds obtained from
the sale or other disposition are money or goods having a value of
$2,500 [$1,500] or more but less than $30,000 [$20,000];
(5) a felony of the third degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $30,000 [$20,000] or more but less than $150,000
[$100,000];
(6) a felony of the second degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $150,000 [$100,000] or more but less than $300,000
[$200,000]; or
(7) a felony of the first degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $300,000 [$200,000] or more.
SECTION 18. Section 32.34(f), Penal Code, is amended to
read as follows:
(f) An offense under Subsection (b)(1), (b)(2), or (b)(3)
is:
(1) a state jail felony if the value of the motor
vehicle is less than $30,000 [$20,000]; [or]
(2) a felony of the third degree if the value of the
motor vehicle is $30,000 [$20,000] or more but less than $150,000;
(3) a felony of the second degree if the value of the
motor vehicle is $150,000 or more but less than $300,000; or
(4) a felony of the first degree if the value of the
motor vehicle is $300,000 or more.
SECTION 19. Section 32.35(e), Penal Code, is amended to
read as follows:
(e) An offense under this section is a:
(1) Class C misdemeanor if the amount of the record of
a sale is less than $100 [$20];
(2) Class B misdemeanor if the amount of the record of
a sale is $100 [$20] or more but less than $750 [$500];
(3) Class A misdemeanor if the amount of the record of
a sale is $750 [$500] or more but less than $2,500 [$1,500];
(4) state jail felony if the amount of the record of a
sale is $2,500 [$1,500] or more but less than $30,000 [$20,000];
(5) felony of the third degree if the amount of the
record of a sale is $30,000 [$20,000] or more but less than $150,000
[$100,000];
(6) felony of the second degree if the amount of the
record of a sale is $150,000 [$100,000] or more but less than
$300,000 [$200,000]; or
(7) felony of the first degree if the amount of the
record of a sale is $300,000 [$200,000] or more.
SECTION 20. Section 32.441(e), Penal Code, is amended to
read as follows:
(e) An offense under this section is a:
(1) Class C misdemeanor if the value of the benefit is
less than $100 [$20];
(2) Class B misdemeanor if the value of the benefit is
$100 [$20] or more but less than $750 [$500];
(3) Class A misdemeanor if the value of the benefit is
$750 [$500] or more but less than $2,500 [$1,500];
(4) state jail felony if the value of the benefit is
$2,500 [$1,500] or more but less than $30,000 [$20,000];
(5) felony of the third degree if the value of the
benefit is $30,000 [$20,000] or more but less than $150,000
[$100,000];
(6) felony of the second degree if the value of the
benefit is $150,000 [$100,000] or more but less than $300,000
[$200,000]; or
(7) felony of the first degree if the value of the
benefit is $300,000 [$200,000] or more.
SECTION 21. Section 32.45(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is:
(1) a Class C misdemeanor if the value of the property
misapplied is less than $100 [$20];
(2) a Class B misdemeanor if the value of the property
misapplied is $100 [$20] or more but less than $750 [$500];
(3) a Class A misdemeanor if the value of the property
misapplied is $750 [$500] or more but less than $2,500 [$1,500];
(4) a state jail felony if the value of the property
misapplied is $2,500 [$1,500] or more but less than $30,000
[$20,000];
(5) a felony of the third degree if the value of the
property misapplied is $30,000 [$20,000] or more but less than
$150,000 [$100,000];
(6) a felony of the second degree if the value of the
property misapplied is $150,000 [$100,000] or more but less than
$300,000 [$200,000]; or
(7) a felony of the first degree if the value of the
property misapplied is $300,000 [$200,000] or more.
SECTION 22. Section 32.46(b), Penal Code, is amended to
read as follows:
(b) An offense under Subsection (a)(1) is a:
(1) Class C misdemeanor if the value of the property,
service, or pecuniary interest is less than $100 [$20];
(2) Class B misdemeanor if the value of the property,
service, or pecuniary interest is $100 [$20] or more but less than
$750 [$500];
(3) Class A misdemeanor if the value of the property,
service, or pecuniary interest is $750 [$500] or more but less than
$2,500 [$1,500];
(4) state jail felony if the value of the property,
service, or pecuniary interest is $2,500 [$1,500] or more but less
than $30,000 [$20,000];
(5) felony of the third degree if the value of the
property, service, or pecuniary interest is $30,000 [$20,000] or
more but less than $150,000 [$100,000];
(6) felony of the second degree if the value of the
property, service, or pecuniary interest is $150,000 [$100,000] or
more but less than $300,000 [$200,000]; or
(7) felony of the first degree if the value of the
property, service, or pecuniary interest is $300,000 [$200,000] or
more.
SECTION 23. Section 33.02(b-2), Penal Code, is amended to
read as follows:
(b-2) An offense under Subsection (b-1) is:
(1) a Class C misdemeanor if the aggregate amount
involved is less than $100;
(2) a Class B misdemeanor if the aggregate amount
involved is $100 or more but less than $750;
(3) a Class A misdemeanor if the aggregate amount
involved is $750 or more but less than $2,500;
(4) [(1)] a state jail felony if the aggregate amount
involved is $2,500 or more but less than $30,000 [$20,000];
(5) [(2)] a felony of the third degree if the
aggregate amount involved is $30,000 [$20,000] or more but less
than $150,000 [$100,000];
(6) [(3)] a felony of the second degree if:
(A) the aggregate amount involved is $150,000
[$100,000] or more but less than $300,000 [$200,000];
(B) the aggregate amount involved is any amount
less than $300,000 [$200,000] and the computer, computer network,
or computer system is owned by the government or a critical
infrastructure facility; or
(C) the actor obtains the identifying
information of another by accessing only one computer, computer
network, or computer system; or
(7) [(4)] a felony of the first degree if:
(A) the aggregate amount involved is $300,000
[$200,000] or more; or
(B) the actor obtains the identifying
information of another by accessing more than one computer,
computer network, or computer system.
SECTION 24. Section 34.02(e), Penal Code, is amended to
read as follows:
(e) An offense under this section is:
(1) a state jail felony if the value of the funds is
$2,500 [$1,500] or more but less than $30,000 [$20,000];
(2) a felony of the third degree if the value of the
funds is $30,000 [$20,000] or more but less than $150,000
[$100,000];
(3) a felony of the second degree if the value of the
funds is $150,000 [$100,000] or more but less than $300,000
[$200,000]; or
(4) a felony of the first degree if the value of the
funds is $300,000 [$200,000] or more.
SECTION 25. Section 35.02(c), Penal Code, is amended to
read as follows:
(c) An offense under Subsection (a) or (b) is:
(1) a Class C misdemeanor if the value of the claim is
less than $100 [$50];
(2) a Class B misdemeanor if the value of the claim is
$100 [$50] or more but less than $750 [$500];
(3) a Class A misdemeanor if the value of the claim is
$750 [$500] or more but less than $2,500 [$1,500];
(4) a state jail felony if the value of the claim is
$2,500 [$1,500] or more but less than $30,000 [$20,000];
(5) a felony of the third degree if the value of the
claim is $30,000 [$20,000] or more but less than $150,000
[$100,000];
(6) a felony of the second degree if the value of the
claim is $150,000 [$100,000] or more but less than $300,000
[$200,000]; or
(7) a felony of the first degree if:
(A) the value of the claim is $300,000 [$200,000]
or more; or
(B) an act committed in connection with the
commission of the offense places a person at risk of death or
serious bodily injury.
SECTION 26. Section 35.025(b), Penal Code, is amended to
read as follows:
(b) If goods or services that are the subject of a claim
cannot be reasonably ascertained under Subsection (a), the goods or
services are considered to have a value of $750 [$500] or more but
less than $2,500 [$1,500].
SECTION 27. Section 35A.02(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is:
(1) a Class C misdemeanor if the amount of any payment
or the value of any monetary or in-kind benefit provided or claim
for payment made under the Medicaid program, directly or
indirectly, as a result of the conduct is less than $100 [$50];
(2) a Class B misdemeanor if the amount of any payment
or the value of any monetary or in-kind benefit provided or claim
for payment made under the Medicaid program, directly or
indirectly, as a result of the conduct is $100 [$50] or more but
less than $750 [$500];
(3) a Class A misdemeanor if the amount of any payment
or the value of any monetary or in-kind benefit provided or claim
for payment made under the Medicaid program, directly or
indirectly, as a result of the conduct is $750 [$500] or more but
less than $2,500 [$1,500];
(4) a state jail felony if:
(A) the amount of any payment or the value of any
monetary or in-kind benefit provided or claim for payment made
under the Medicaid program, directly or indirectly, as a result of
the conduct is $2,500 [$1,500] or more but less than $30,000
[$20,000];
(B) the offense is committed under Subsection
(a)(11); or
(C) it is shown on the trial of the offense that
the amount of the payment or value of the benefit described by this
subsection cannot be reasonably ascertained;
(5) a felony of the third degree if:
(A) the amount of any payment or the value of any
monetary or in-kind benefit provided or claim for payment made
under the Medicaid program, directly or indirectly, as a result of
the conduct is $30,000 [$20,000] or more but less than $150,000
[$100,000]; or
(B) it is shown on the trial of the offense that
the defendant submitted more than 25 but fewer than 50 fraudulent
claims under the Medicaid program and the submission of each claim
constitutes conduct prohibited by Subsection (a);
(6) a felony of the second degree if:
(A) the amount of any payment or the value of any
monetary or in-kind benefit provided or claim for payment made
under the Medicaid program, directly or indirectly, as a result of
the conduct is $150,000 [$100,000] or more but less than $300,000
[$200,000]; or
(B) it is shown on the trial of the offense that
the defendant submitted 50 or more fraudulent claims under the
Medicaid program and the submission of each claim constitutes
conduct prohibited by Subsection (a); or
(7) a felony of the first degree if the amount of any
payment or the value of any monetary or in-kind benefit provided or
claim for payment made under the Medicaid program, directly or
indirectly, as a result of the conduct is $300,000 [$200,000] or
more.
SECTION 28. Section 39.02(c), Penal Code, is amended to
read as follows:
(c) An offense under Subsection (a)(2) is:
(1) a Class C misdemeanor if the value of the use of
the thing misused is less than $100 [$20];
(2) a Class B misdemeanor if the value of the use of
the thing misused is $100 [$20] or more but less than $750 [$500];
(3) a Class A misdemeanor if the value of the use of
the thing misused is $750 [$500] or more but less than $2,500
[$1,500];
(4) a state jail felony if the value of the use of the
thing misused is $2,500 [$1,500] or more but less than $30,000
[$20,000];
(5) a felony of the third degree if the value of the
use of the thing misused is $30,000 [$20,000] or more but less than
$150,000 [$100,000];
(6) a felony of the second degree if the value of the
use of the thing misused is $150,000 [$100,000] or more but less
than $300,000 [$200,000]; or
(7) a felony of the first degree if the value of the
use of the thing misused is $300,000 [$200,000] or more.
SECTION 29. (a) A commission is created to study and review
all penal laws of this state other than criminal offenses:
(1) under the Penal Code;
(2) under Chapter 481, Health and Safety Code; or
(3) related to the operation of a motor vehicle.
(b) The commission shall:
(1) evaluate all laws described by Subsection (a) of
this section; and
(2) make recommendations to the legislature regarding
the repeal of laws that are identified as being unnecessary,
unclear, duplicative, overly broad, or otherwise insufficient to
serve the intended purpose of the law.
(c) The commission is composed of nine members appointed as
follows:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house
of representatives;
(4) two members appointed by the chief justice of the
Supreme Court of Texas; and
(5) one member appointed by the presiding judge of the
Texas Court of Criminal Appeals.
(d) The officials making appointments to the commission
under Subsection (c) of this section shall ensure that the
membership of the commission includes representatives of all areas
of the criminal justice system, including prosecutors, defense
attorneys, judges, legal scholars, and relevant business
interests.
(e) The governor shall designate one member of the
commission to serve as the presiding officer of the commission.
(f) A member of the commission is not entitled to
compensation or reimbursement of expenses.
(g) The commission shall meet at the call of the presiding
officer.
(h) Not later than November 1, 2016, the commission shall
report the commission's findings and recommendations to the
governor, the lieutenant governor, the speaker of the house of
representatives, the Supreme Court of Texas, the Texas Court of
Criminal Appeals, and the standing committees of the house of
representatives and the senate with primary jurisdiction over
criminal justice. The commission shall include in its
recommendations any specific statutes that the commission
recommends revising or repealing.
(i) Not later than November 1, 2015, the governor, the
lieutenant governor, the speaker of the house of representatives,
the chief justice of the Supreme Court of Texas, and the presiding
judge of the Texas Court of Criminal Appeals shall appoint the
members of the commission created under this section.
(j) The commission is abolished and this section expires
December 31, 2016.
SECTION 30. (a) The changes in law made by this Act to the
Penal Code apply 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 subsection, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
(b) The change in law made by Section 311.035, Government
Code, as added by this Act, applies only to a criminal proceeding
that commences on or after the effective date of this Act. A
criminal proceeding that commences before the effective date of
this Act is governed by the law in effect on the date the proceeding
commenced, and the former law is continued in effect for that
purpose.
SECTION 31. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1396 was passed by the House on May
13, 2015, by the following vote: Yeas 142, Nays 2, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1396 on May 29, 2015, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1396 on May 31, 2015, by the following vote: Yeas 141,
Nays 2, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1396 was passed by the Senate, with
amendments, on May 27, 2015, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1396 on May 31, 2015, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor