Texas 2015 - 84th Regular

Texas Senate Bill SB393 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Burton, Hinojosa, Rodríguez S.B. No. 393
2		-	(In the Senate - Filed January 28, 2015; February 2, 2015,
3		-	read first time and referred to Committee on Criminal Justice;
4		-	April 7, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 0; April 7, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 393 By: Burton
	1	+	By: Burton, et al. S.B. No. 393
	2	+	(Peña)
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the punishment for certain offenses against property or
14	8		against public administration.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Sections 28.03(b), (f), (h), and (j), Penal
17	11		Code, are amended to read as follows:
18	12		(b) Except as provided by Subsections (f) and (h), an
19	13		offense under this section is:
20	14		(1) a Class C misdemeanor if:
21	15		(A) the amount of pecuniary loss is less than
22	16		$100 [$50]; or
23	17		(B) except as provided in Subdivision (3)(A) or
24	18		(3)(B), it causes substantial inconvenience to others;
25	19		(2) a Class B misdemeanor if the amount of pecuniary
26	20		loss is $100 [$50] or more but less than $750 [$500];
27	21		(3) a Class A misdemeanor if:
28	22		(A) the amount of pecuniary loss is $750 [$500]
29	23		or more but less than $2,500 [$1,500]; or
30	24		(B) the actor causes in whole or in part
31	25		impairment or interruption of any public water supply, or causes to
32	26		be diverted in whole, in part, or in any manner, including
33	27		installation or removal of any device for any such purpose, any
34	28		public water supply, regardless of the amount of the pecuniary
35	29		loss;
36	30		(4) a state jail felony if the amount of pecuniary loss
37	31		is:
38	32		(A) $2,500 [$1,500] or more but less than $30,000
39	33		[$20,000];
40	34		(B) less than $2,500 [$1,500], if the property
41	35		damaged or destroyed is a habitation and if the damage or
42	36		destruction is caused by a firearm or explosive weapon;
43	37		(C) less than $2,500 [$1,500], if the property
44	38		was a fence used for the production or containment of:
45	39		(i) cattle, bison, horses, sheep, swine,
46	40		goats, exotic livestock, or exotic poultry; or
47	41		(ii) game animals as that term is defined by
48	42		Section 63.001, Parks and Wildlife Code; or
49	43		(D) less than $30,000 [$20,000] and the actor
50	44		causes wholly or partly impairment or interruption of public
51	45		communications, public transportation, public gas or power supply,
52	46		or other public service, or causes to be diverted wholly, partly, or
53	47		in any manner, including installation or removal of any device for
54	48		any such purpose, any public communications or public gas or power
55	49		supply;
56	50		(5) a felony of the third degree if the amount of the
57	51		pecuniary loss is $30,000 [$20,000] or more but less than $150,000
58	52		[$100,000];
59	53		(6) a felony of the second degree if the amount of
60	54		pecuniary loss is $150,000 [$100,000] or more but less than
61	55		$300,000 [$200,000]; or
62	56		(7) a felony of the first degree if the amount of
63	57		pecuniary loss is $300,000 [$200,000] or more.
64	58		(f) An offense under this section is a state jail felony if
65	59		the damage or destruction is inflicted on a place of worship or
66	60		human burial, a public monument, or a community center that
67	61		provides medical, social, or educational programs and the amount of
68	62		the pecuniary loss to real property or to tangible personal
69	63		property is $750 or more but less than $30,000 [$20,000].
70	64		(h) An offense under this section is a state jail felony if
71	65		the amount of the pecuniary loss to real property or to tangible
72	66		personal property is $750 [$1,500] or more but less than $30,000
73	67		[$20,000] and the damage or destruction is inflicted on a public or
74	68		private elementary school, secondary school, or institution of
75	69		higher education.
76	70		(j) Notwithstanding Subsection (b), an offense under this
77	71		section is a felony of the third degree if:
78	72		(1) the tangible property damaged, destroyed, or
79	73		tampered with is transportation communications equipment or a
80	74		transportation communications device; and
81	75		(2) the amount of the pecuniary loss to the tangible
82	76		property is less than $150,000 [$100,000].
83	77		SECTION 2. Section 28.06(d), Penal Code, is amended to read
84	78		as follows:
85	79		(d) If the amount of pecuniary loss cannot be ascertained by
86	80		the criteria set forth in Subsections (a) through (c), the amount of
87	81		loss is deemed to be greater than $750 [$500] but less than $2,500
88	82		[$1,500].
89	83		SECTION 3. Section 28.07(e), Penal Code, is amended to read
90	84		as follows:
91	85		(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or
92	86		(b)(2)(D) is a Class C misdemeanor unless the person causes
93	87		pecuniary loss of $100 or more, in which event the offense is:
94	88		(1) a Class B misdemeanor if the amount of pecuniary
95	89		loss is $100 [$20] or more but less than $750 [$500];
96	90		(2) a Class A misdemeanor if the amount of pecuniary
97	91		loss is $750 [$500] or more but less than $2,500 [$1,500];
98	92		(3) a state jail felony if the amount of pecuniary loss
99	93		is $2,500 [$1,500] or more but less than $30,000 [$20,000];
100	94		(4) a felony of the third degree if the amount of the
101	95		pecuniary loss is $30,000 [$20,000] or more but less than $150,000
102	96		[$100,000];
103	97		(5) a felony of the second degree if the amount of
104	98		pecuniary loss is $150,000 [$100,000] or more but less than
105	99		$300,000 [$200,000]; or
106	100		(6) a felony of the first degree if the amount of the
107	101		pecuniary loss is $300,000 [$200,000] or more.
108	102		SECTION 4. Sections 28.08(b) and (d), Penal Code, are
109	103		amended to read as follows:
110	104		(b) Except as provided by Subsection (d), an offense under
111	105		this section is:
112	106		(1) a Class C misdemeanor if the amount of pecuniary
113	107		loss is less than $100;
114	108		(2) a Class B misdemeanor if the amount of pecuniary
115	109		loss is $100 or more but less than $750 [$500];
116	110		(3) [(2)] a Class A misdemeanor if the amount of
117	111		pecuniary loss is $750 [$500] or more but less than $2,500 [$1,500];
118	112		(4) [(3)] a state jail felony if the amount of
119	113		pecuniary loss is $2,500 [$1,500] or more but less than $30,000
120	114		[$20,000];
121	115		(5) [(4)] a felony of the third degree if the amount of
122	116		pecuniary loss is $30,000 [$20,000] or more but less than $150,000
123	117		[$100,000];
124	118		(6) [(5)] a felony of the second degree if the amount
125	119		of pecuniary loss is $150,000 [$100,000] or more but less than
126	120		$300,000 [$200,000]; or
127	121		(7) [(6)] a felony of the first degree if the amount of
128	122		pecuniary loss is $300,000 [$200,000] or more.
129	123		(d) An offense under this section is a state jail felony if:
130	124		(1) the marking is made on a school, an institution of
131	125		higher education, a place of worship or human burial, a public
132	126		monument, or a community center that provides medical, social, or
133	127		educational programs; and
134	128		(2) the amount of the pecuniary loss to real property
135	129		or to tangible personal property is $750 or more but less than
136	130		$30,000 [$20,000].
137	131		SECTION 5. Article 14.06(d), Code of Criminal Procedure, is
138	132		amended to read as follows:
139	133		(d) Subsection (c) applies only to a person charged with
140	134		committing an offense under:
141	135		(1) Section 481.121, Health and Safety Code, if the
142	136		offense is punishable under Subsection (b)(1) or (2) of that
143	137		section;
144	138		(1-a) Section 481.1161, Health and Safety Code, if the
145	139		offense is punishable under Subsection (b)(1) or (2) of that
146	140		section;
147	141		(2) Section 28.03, Penal Code, if the offense is
148	142		punishable under Subsection (b)(2) of that section;
149	143		(3) Section 28.08, Penal Code, if the offense is
150	144		punishable under Subsection (b)(2) or (3) [(b)(1)] of that section;
151	145		(4) Section 31.03, Penal Code, if the offense is
152	146		punishable under Subsection (e)(2)(A) of that section;
153	147		(5) Section 31.04, Penal Code, if the offense is
154	148		punishable under Subsection (e)(2) of that section;
155	149		(6) Section 38.114, Penal Code, if the offense is
156	150		punishable as a Class B misdemeanor; or
157	151		(7) Section 521.457, Transportation Code.
158	152		SECTION 6. Section 31.03(e), Penal Code, is amended to read
159	153		as follows:
160	154		(e) Except as provided by Subsection (f), an offense under
161	155		this section is:
162	156		(1) a Class C misdemeanor if the value of the property
163	157		stolen is less than $100[:
164	158		[(A) $50; or
165	159		[(B) $20 and the defendant obtained the property
166	160		by issuing or passing a check or similar sight order in a manner
167	161		described by Section 31.06];
168	162		(2) a Class B misdemeanor if:
169	163		(A) the value of the property stolen is $100[:
170	164		[(i) $50] or more but less than $750 [$500;
171	165		or
172	166		[(ii) $20 or more but less than $500 and the
173	167		defendant obtained the property by issuing or passing a check or
174	168		similar sight order in a manner described by Section 31.06];
175	169		(B) the value of the property stolen is less than
176	170		$100[:
177	171		[(i) $50] and the defendant has previously
178	172		been convicted of any grade of theft; or
179	173		[(ii) $20, the defendant has previously
180	174		been convicted of any grade of theft, and the defendant obtained the
181	175		property by issuing or passing a check or similar sight order in a
182	176		manner described by Section 31.06; or]
183	177		(C) the property stolen is a driver's license,
184	178		commercial driver's license, or personal identification
185	179		certificate issued by this state or another state;
186	180		(3) a Class A misdemeanor if the value of the property
187	181		stolen is $750 [$500] or more but less than $2,500 [$1,500];
188	182		(4) a state jail felony if:
189	183		(A) the value of the property stolen is $2,500
190	184		[$1,500] or more but less than $30,000 [$20,000], or the property is
191	185		less than 10 head of sheep, swine, or goats or any part thereof
192	186		under the value of $30,000 [$20,000];
193	187		(B) regardless of value, the property is stolen
194	188		from the person of another or from a human corpse or grave,
195	189		including property that is a military grave marker;
196	190		(C) the property stolen is a firearm, as defined
197	191		by Section 46.01;
198	192		(D) the value of the property stolen is less than
199	193		$2,500 [$1,500] and the defendant has been previously convicted two
200	194		or more times of any grade of theft;
201	195		(E) the property stolen is an official ballot or
202	196		official carrier envelope for an election; or
203	197		(F) the value of the property stolen is less than
204	198		$30,000 [$20,000] and the property stolen is:
205	199		(i) aluminum;
206	200		(ii) bronze;
207	201		(iii) copper; or
208	202		(iv) brass;
209	203		(5) a felony of the third degree if the value of the
210	204		property stolen is $30,000 [$20,000] or more but less than $150,000
211	205		[$100,000], or the property is:
212	206		(A) cattle, horses, or exotic livestock or exotic
213	207		fowl as defined by Section 142.001, Agriculture Code, stolen during
214	208		a single transaction and having an aggregate value of less than
215	209		$150,000 [$100,000]; or
216	210		(B) 10 or more head of sheep, swine, or goats
217	211		stolen during a single transaction and having an aggregate value of
218	212		less than $150,000 [$100,000];
219	213		(6) a felony of the second degree if:
220	214		(A) the value of the property stolen is $150,000
221	215		[$100,000] or more but less than $300,000 [$200,000]; or
222	216		(B) the value of the property stolen is less than
223	217		$300,000 [$200,000] and the property stolen is an automated teller
224	218		machine or the contents or components of an automated teller
225	219		machine; or
226	220		(7) a felony of the first degree if the value of the
227	221		property stolen is $300,000 [$200,000] or more.
228	222		SECTION 7. Sections 31.04(b) and (e), Penal Code, are
229	223		amended to read as follows:
230	224		(b) For purposes of this section, intent to avoid payment is
231	225		presumed if:
232	226		(1) the actor absconded without paying for the service
233	227		or expressly refused to pay for the service in circumstances where
234	228		payment is ordinarily made immediately upon rendering of the
235	229		service, as in hotels, campgrounds, recreational vehicle parks,
236	230		restaurants, and comparable establishments;
237	231		(2) the actor failed to make payment under a service
238	232		agreement within 10 days after receiving notice demanding payment;
239	233		(3) the actor returns property held under a rental
240	234		agreement after the expiration of the rental agreement and fails to
241	235		pay the applicable rental charge for the property within 10 days
242	236		after the date on which the actor received notice demanding
243	237		payment; or
244	238		(4) the actor failed to return the property held under
245	239		a rental agreement:
246	240		(A) within five days after receiving notice
247	241		demanding return, if the property is valued at less than $2,500
248	242		[$1,500]; or
249	243		(B) within three days after receiving notice
250	244		demanding return, if the property is valued at $2,500 [$1,500] or
251	245		more.
252	246		(e) An offense under this section is:
253	247		(1) a Class C misdemeanor if the value of the service
254	248		stolen is less than $100 [$20];
255	249		(2) a Class B misdemeanor if the value of the service
256	250		stolen is $100 [$20] or more but less than $750 [$500];
257	251		(3) a Class A misdemeanor if the value of the service
258	252		stolen is $750 [$500] or more but less than $2,500 [$1,500];
259	253		(4) a state jail felony if the value of the service
260	254		stolen is $2,500 [$1,500] or more but less than $30,000 [$20,000];
261	255		(5) a felony of the third degree if the value of the
262	256		service stolen is $30,000 [$20,000] or more but less than $150,000
263	257		[$100,000];
264	258		(6) a felony of the second degree if the value of the
265	259		service stolen is $150,000 [$100,000] or more but less than
266	260		$300,000 [$200,000]; or
267	261		(7) a felony of the first degree if the value of the
268	262		service stolen is $300,000 [$200,000] or more.
269	263		SECTION 8. Section 31.08(c), Penal Code, is amended to read
270	264		as follows:
271	265		(c) If property or service has value that cannot be
272	266		reasonably ascertained by the criteria set forth in Subsections (a)
273	267		and (b), the property or service is deemed to have a value of $750
274	268		[$500] or more but less than $2,500 [$1,500].
275	269		SECTION 9. Sections 31.16(c) and (d), Penal Code, are
276	270		amended to read as follows:
277	271		(c) An offense under this section is:
278	272		(1) a Class C misdemeanor if the total value of the
279	273		merchandise involved in the activity is less than $100;
280	274		(2) a Class B misdemeanor if the total value of the
281	275		merchandise involved in the activity is $100 or more but less than
282	276		$750 [$50];
283	277		(3) [(2)] a Class A misdemeanor if the total value of
284	278		the merchandise involved in the activity is $750 [$50] or more but
285	279		less than $2,500 [$500];
286	280		(4) [(3)] a state jail felony if the total value of the
287	281		merchandise involved in the activity is $2,500 [$500] or more but
288	282		less than $30,000 [$1,500];
289	283		(5) [(4)] a felony of the third degree if the total
290	284		value of the merchandise involved in the activity is $30,000
291	285		[$1,500] or more but less than $150,000 [$20,000];
292	286		(6) [(5)] a felony of the second degree if the total
293	287		value of the merchandise involved in the activity is $150,000
294	288		[$20,000] or more but less than $300,000 [$100,000]; or
295	289		(7) [(6)] a felony of the first degree if the total
296	290		value of the merchandise involved in the activity is $300,000
297	291		[$100,000] or more.
298	292		(d) An offense described for purposes of punishment by
299	293		Subsections (c)(1)-(6) [(c)(1)-(5)] is increased to the next higher
300	294		category of offense if it is shown on the trial of the offense that:
301	295		(1) the person organized, supervised, financed, or
302	296		managed one or more other persons engaged in an activity described
303	297		by Subsection (b); or
304	298		(2) during the commission of the offense, a person
305	299		engaged in an activity described by Subsection (b) intentionally,
306	300		knowingly, or recklessly:
307	301		(A) caused a fire exit alarm to sound or
308	302		otherwise become activated;
309	303		(B) deactivated or otherwise prevented a fire
310	304		exit alarm or retail theft detector from sounding; or
311	305		(C) used a shielding or deactivation instrument
312	306		to prevent or attempt to prevent detection of the offense by a
313	307		retail theft detector.
314	308		SECTION 10. Section 32.02(c), Penal Code, is amended to
315	309		read as follows:
316	310		(c) If property or service has value that cannot be
317	311		reasonably ascertained by the criteria set forth in Subsections (a)
318	312		and (b), the property or service is deemed to have a value of $750
319	313		[$500] or more but less than $2,500 [$1,500].
320	314		SECTION 11. Section 32.23(e), Penal Code, is amended to
321	315		read as follows:
322	316		(e) An offense under this section is a:
323	317		(1) Class C misdemeanor if the retail value of the item
324	318		or service is less than $100 [$20];
325	319		(2) Class B misdemeanor if the retail value of the item
326	320		or service is $100 [$20] or more but less than $750 [$500];
327	321		(3) Class A misdemeanor if the retail value of the item
328	322		or service is $750 [$500] or more but less than $2,500 [$1,500];
329	323		(4) state jail felony if the retail value of the item
330	324		or service is $2,500 [$1,500] or more but less than $30,000
331	325		[$20,000];
332	326		(5) felony of the third degree if the retail value of
333	327		the item or service is $30,000 [$20,000] or more but less than
334	328		$150,000 [$100,000];
335	329		(6) felony of the second degree if the retail value of
336	330		the item or service is $150,000 [$100,000] or more but less than
337	331		$300,000 [$200,000]; or
338	332		(7) felony of the first degree if the retail value of
339	333		the item or service is $300,000 [$200,000] or more.
340	334		SECTION 12. Section 32.32(c), Penal Code, is amended to
341	335		read as follows:
342	336		(c) An offense under this section is:
343	337		(1) a Class C misdemeanor if the value of the property
344	338		or the amount of credit is less than $100 [$50];
345	339		(2) a Class B misdemeanor if the value of the property
346	340		or the amount of credit is $100 [$50] or more but less than $750
347	341		[$500];
348	342		(3) a Class A misdemeanor if the value of the property
349	343		or the amount of credit is $750 [$500] or more but less than $2,500
350	344		[$1,500];
351	345		(4) a state jail felony if the value of the property or
352	346		the amount of credit is $2,500 [$1,500] or more but less than
353	347		$30,000 [$20,000];
354	348		(5) a felony of the third degree if the value of the
355	349		property or the amount of credit is $30,000 [$20,000] or more but
356	350		less than $150,000 [$100,000];
357	351		(6) a felony of the second degree if the value of the
358	352		property or the amount of credit is $150,000 [$100,000] or more but
359	353		less than $300,000 [$200,000]; or
360	354		(7) a felony of the first degree if the value of the
361	355		property or the amount of credit is $300,000 [$200,000] or more.
362	356		SECTION 13. Sections 32.33(d) and (e), Penal Code, are
363	357		amended to read as follows:
364	358		(d) An offense under Subsection (b) is a:
365	359		(1) Class C misdemeanor if the value of the property
366	360		destroyed, removed, concealed, encumbered, or otherwise harmed or
367	361		reduced in value is less than $100 [$20];
368	362		(2) Class B misdemeanor if the value of the property
369	363		destroyed, removed, concealed, encumbered, or otherwise harmed or
370	364		reduced in value is $100 [$20] or more but less than $750 [$500];
371	365		(3) Class A misdemeanor if the value of the property
372	366		destroyed, removed, concealed, encumbered, or otherwise harmed or
373	367		reduced in value is $750 [$500] or more but less than $2,500
374	368		[$1,500];
375	369		(4) state jail felony if the value of the property
376	370		destroyed, removed, concealed, encumbered, or otherwise harmed or
377	371		reduced in value is $2,500 [$1,500] or more but less than $30,000
378	372		[$20,000];
379	373		(5) felony of the third degree if the value of the
380	374		property destroyed, removed, concealed, encumbered, or otherwise
381	375		harmed or reduced in value is $30,000 [$20,000] or more but less
382	376		than $150,000 [$100,000];
383	377		(6) felony of the second degree if the value of the
384	378		property destroyed, removed, concealed, encumbered, or otherwise
385	379		harmed or reduced in value is $150,000 [$100,000] or more but less
386	380		than $300,000 [$200,000]; or
387	381		(7) felony of the first degree if the value of the
388	382		property destroyed, removed, concealed, encumbered, or otherwise
389	383		harmed or reduced in value is $300,000 [$200,000] or more.
390	384		(e) A person who is a debtor under a security agreement, and
391	385		who does not have a right to sell or dispose of the secured property
392	386		or is required to account to the secured party for the proceeds of a
393	387		permitted sale or disposition, commits an offense if the person
394	388		sells or otherwise disposes of the secured property, or does not
395	389		account to the secured party for the proceeds of a sale or other
396	390		disposition as required, with intent to appropriate (as defined in
397	391		Chapter 31) the proceeds or value of the secured property. A person
398	392		is presumed to have intended to appropriate proceeds if the person
399	393		does not deliver the proceeds to the secured party or account to the
400	394		secured party for the proceeds before the 11th day after the day
401	395		that the secured party makes a lawful demand for the proceeds or
402	396		account. An offense under this subsection is:
403	397		(1) a Class C misdemeanor if the proceeds obtained
404	398		from the sale or other disposition are money or goods having a value
405	399		of less than $100 [$20];
406	400		(2) a Class B misdemeanor if the proceeds obtained
407	401		from the sale or other disposition are money or goods having a value
408	402		of $100 [$20] or more but less than $750 [$500];
409	403		(3) a Class A misdemeanor if the proceeds obtained
410	404		from the sale or other disposition are money or goods having a value
411	405		of $750 [$500] or more but less than $2,500 [$1,500];
412	406		(4) a state jail felony if the proceeds obtained from
413	407		the sale or other disposition are money or goods having a value of
414	408		$2,500 [$1,500] or more but less than $30,000 [$20,000];
415	409		(5) a felony of the third degree if the proceeds
416	410		obtained from the sale or other disposition are money or goods
417	411		having a value of $30,000 [$20,000] or more but less than $150,000
418	412		[$100,000];
419	413		(6) a felony of the second degree if the proceeds
420	414		obtained from the sale or other disposition are money or goods
421	415		having a value of $150,000 [$100,000] or more but less than $300,000
422	416		[$200,000]; or
423	417		(7) a felony of the first degree if the proceeds
424	418		obtained from the sale or other disposition are money or goods
425	419		having a value of $300,000 [$200,000] or more.
426	420		SECTION 14. Section 32.34(f), Penal Code, is amended to
427	421		read as follows:
428	422		(f) An offense under Subsection (b)(1), (b)(2), or (b)(3)
429	423		is:
430	424		(1) a state jail felony if the value of the motor
431	425		vehicle is less than $30,000 [$20,000]; [or]
432	426		(2) a felony of the third degree if the value of the
433	427		motor vehicle is $30,000 [$20,000] or more but less than $150,000;
434	428		(3) a felony of the second degree if the value of the
435	429		motor vehicle is $150,000 or more but less than $300,000; or
436	430		(4) a felony of the first degree if the value of the
437	431		motor vehicle is $300,000 or more.
438	432		SECTION 15. Section 32.35(e), Penal Code, is amended to
439	433		read as follows:
440	434		(e) An offense under this section is a:
441	435		(1) Class C misdemeanor if the amount of the record of
442	436		a sale is less than $100 [$20];
443	437		(2) Class B misdemeanor if the amount of the record of
444	438		a sale is $100 [$20] or more but less than $750 [$500];
445	439		(3) Class A misdemeanor if the amount of the record of
446	440		a sale is $750 [$500] or more but less than $2,500 [$1,500];
447	441		(4) state jail felony if the amount of the record of a
448	442		sale is $2,500 [$1,500] or more but less than $30,000 [$20,000];
449	443		(5) felony of the third degree if the amount of the
450	444		record of a sale is $30,000 [$20,000] or more but less than $150,000
451	445		[$100,000];
452	446		(6) felony of the second degree if the amount of the
453	447		record of a sale is $150,000 [$100,000] or more but less than
454	448		$300,000 [$200,000]; or
455	449		(7) felony of the first degree if the amount of the
456	450		record of a sale is $300,000 [$200,000] or more.
457	451		SECTION 16. Section 32.441(e), Penal Code, is amended to
458	452		read as follows:
459	453		(e) An offense under this section is a:
460	454		(1) Class C misdemeanor if the value of the benefit is
461	455		less than $100 [$20];
462	456		(2) Class B misdemeanor if the value of the benefit is
463	457		$100 [$20] or more but less than $750 [$500];
464	458		(3) Class A misdemeanor if the value of the benefit is
465	459		$750 [$500] or more but less than $2,500 [$1,500];
466	460		(4) state jail felony if the value of the benefit is
467	461		$2,500 [$1,500] or more but less than $30,000 [$20,000];
468	462		(5) felony of the third degree if the value of the
469	463		benefit is $30,000 [$20,000] or more but less than $150,000
470	464		[$100,000];
471	465		(6) felony of the second degree if the value of the
472	466		benefit is $150,000 [$100,000] or more but less than $300,000
473	467		[$200,000]; or
474	468		(7) felony of the first degree if the value of the
475	469		benefit is $300,000 [$200,000] or more.
476	470		SECTION 17. Section 32.45(c), Penal Code, is amended to
477	471		read as follows:
478	472		(c) An offense under this section is:
479	473		(1) a Class C misdemeanor if the value of the property
480	474		misapplied is less than $100 [$20];
481	475		(2) a Class B misdemeanor if the value of the property
482	476		misapplied is $100 [$20] or more but less than $750 [$500];
483	477		(3) a Class A misdemeanor if the value of the property
484	478		misapplied is $750 [$500] or more but less than $2,500 [$1,500];
485	479		(4) a state jail felony if the value of the property
486	480		misapplied is $2,500 [$1,500] or more but less than $30,000
487	481		[$20,000];
488	482		(5) a felony of the third degree if the value of the
489	483		property misapplied is $30,000 [$20,000] or more but less than
490	484		$150,000 [$100,000];
491	485		(6) a felony of the second degree if the value of the
492	486		property misapplied is $150,000 [$100,000] or more but less than
493	487		$300,000 [$200,000]; or
494	488		(7) a felony of the first degree if the value of the
495	489		property misapplied is $300,000 [$200,000] or more.
496	490		SECTION 18. Section 32.46(b), Penal Code, is amended to
497	491		read as follows:
498	492		(b) An offense under Subsection (a)(1) is a:
499	493		(1) Class C misdemeanor if the value of the property,
500	494		service, or pecuniary interest is less than $100 [$20];
501	495		(2) Class B misdemeanor if the value of the property,
502	496		service, or pecuniary interest is $100 [$20] or more but less than
503	497		$750 [$500];
504	498		(3) Class A misdemeanor if the value of the property,
505	499		service, or pecuniary interest is $750 [$500] or more but less than
506	500		$2,500 [$1,500];
507	501		(4) state jail felony if the value of the property,
508	502		service, or pecuniary interest is $2,500 [$1,500] or more but less
509	503		than $30,000 [$20,000];
510	504		(5) felony of the third degree if the value of the
511	505		property, service, or pecuniary interest is $30,000 [$20,000] or
512	506		more but less than $150,000 [$100,000];
513	507		(6) felony of the second degree if the value of the
514	508		property, service, or pecuniary interest is $150,000 [$100,000] or
515	509		more but less than $300,000 [$200,000]; or
516	510		(7) felony of the first degree if the value of the
517	511		property, service, or pecuniary interest is $300,000 [$200,000] or
518	512		more.
519	513		SECTION 19. Section 33.02(b-2), Penal Code, is amended to
520	514		read as follows:
521	515		(b-2) An offense under Subsection (b-1) is:
522	516		(1) a Class C misdemeanor if the aggregate amount
523	517		involved is less than $100;
524	518		(2) a Class B misdemeanor if the aggregate amount
525	519		involved is $100 or more but less than $750;
526	520		(3) a Class A misdemeanor if the aggregate amount
527	521		involved is $750 or more but less than $2,500;
528	522		(4) [(1)] a state jail felony if the aggregate amount
529	523		involved is $2,500 or more but less than $30,000 [$20,000];
530	524		(5) [(2)] a felony of the third degree if the
531	525		aggregate amount involved is $30,000 [$20,000] or more but less
532	526		than $150,000 [$100,000];
533	527		(6) [(3)] a felony of the second degree if:
534	528		(A) the aggregate amount involved is $150,000
535	529		[$100,000] or more but less than $300,000 [$200,000];
536	530		(B) the aggregate amount involved is any amount
537	531		less than $300,000 [$200,000] and the computer, computer network,
538	532		or computer system is owned by the government or a critical
539	533		infrastructure facility; or
540	534		(C) the actor obtains the identifying
541	535		information of another by accessing only one computer, computer
542	536		network, or computer system; or
543	537		(7) [(4)] a felony of the first degree if:
544	538		(A) the aggregate amount involved is $300,000
545	539		[$200,000] or more; or
546	540		(B) the actor obtains the identifying
547	541		information of another by accessing more than one computer,
548	542		computer network, or computer system.
549	543		SECTION 20. Section 33A.02(b), Penal Code, is amended to
550	544		read as follows:
551	545		(b) An offense under this section is:
552	546		(1) a Class C misdemeanor if the value of the
553	547		telecommunications service used or diverted is less than $100;
554	548		(2) a Class B misdemeanor if the value of the
555	549		telecommunications service used or diverted is $100 or more but
556	550		less than $750 [$500];
557	551		(3) [(2)] a Class A misdemeanor if:
558	552		(A) the value of the telecommunications service
559	553		used or diverted is $750 [$500] or more but less than $2,500
560	554		[$1,500]; or
561	555		(B) the value of the telecommunications service
562	556		used or diverted is less than $750 [$500] and the defendant has been
563	557		previously convicted of an offense under this chapter;
564	558		(4) [(3)] a state jail felony if:
565	559		(A) the value of the telecommunications service
566	560		used or diverted is $2,500 [$1,500] or more but less than $30,000
567	561		[$20,000]; or
568	562		(B) the value of the telecommunications service
569	563		used or diverted is less than $2,500 [$1,500] and the defendant has
570	564		been previously convicted two or more times of an offense under this
571	565		chapter;
572	566		(5) [(4)] a felony of the third degree if the value of
573	567		the telecommunications service used or diverted is $30,000
574	568		[$20,000] or more but less than $150,000 [$100,000];
575	569		(6) [(5)] a felony of the second degree if the value of
576	570		the telecommunications service used or diverted is $150,000
577	571		[$100,000] or more but less than $300,000 [$200,000]; or
578	572		(7) [(6)] a felony of the first degree if the value of
579	573		the telecommunications service used or diverted is $300,000
580	574		[$200,000] or more.
581	575		SECTION 21. Section 33A.04(b), Penal Code, is amended to
582	576		read as follows:
583	577		(b) An offense under this section is:
584	578		(1) a Class C misdemeanor if the value of the
585	579		telecommunications service obtained or attempted to be obtained is
586	580		less than $100;
587	581		(2) a Class B misdemeanor if the value of the
588	582		telecommunications service obtained or attempted to be obtained is
589	583		$100 or more but less than $750 [$500];
590	584		(3) [(2)] a Class A misdemeanor if:
591	585		(A) the value of the telecommunications service
592	586		obtained or attempted to be obtained is $750 [$500] or more but less
593	587		than $2,500 [$1,500]; or
594	588		(B) the value of the telecommunications service
595	589		obtained or attempted to be obtained is less than $750 [$500] and
596	590		the defendant has been previously convicted of an offense under
597	591		this chapter;
598	592		(4) [(3)] a state jail felony if:
599	593		(A) the value of the telecommunications service
600	594		obtained or attempted to be obtained is $2,500 [$1,500] or more but
601	595		less than $30,000 [$20,000]; or
602	596		(B) the value of the telecommunications service
603	597		obtained or attempted to be obtained is less than $2,500 [$1,500]
604	598		and the defendant has been previously convicted two or more times of
605	599		an offense under this chapter;
606	600		(5) [(4)] a felony of the third degree if the value of
607	601		the telecommunications service obtained or attempted to be obtained
608	602		is $30,000 [$20,000] or more but less than $150,000 [$100,000];
609	603		(6) [(5)] a felony of the second degree if the value of
610	604		the telecommunications service obtained or attempted to be obtained
611	605		is $150,000 [$100,000] or more but less than $300,000 [$200,000];
612	606		or
613	607		(7) [(6)] a felony of the first degree if the value of
614	608		the telecommunications service obtained or attempted to be obtained
615	609		is $300,000 [$200,000] or more.
616	610		SECTION 22. Section 34.02(e), Penal Code, is amended to
617	611		read as follows:
618	612		(e) An offense under this section is:
619	613		(1) a state jail felony if the value of the funds is
620	614		$2,500 [$1,500] or more but less than $30,000 [$20,000];
621	615		(2) a felony of the third degree if the value of the
622	616		funds is $30,000 [$20,000] or more but less than $150,000
623	617		[$100,000];
624	618		(3) a felony of the second degree if the value of the
625	619		funds is $150,000 [$100,000] or more but less than $300,000
626	620		[$200,000]; or
627	621		(4) a felony of the first degree if the value of the
628	622		funds is $300,000 [$200,000] or more.
629	623		SECTION 23. Section 35.02(c), Penal Code, is amended to
630	624		read as follows:
631	625		(c) An offense under Subsection (a) or (b) is:
632	626		(1) a Class C misdemeanor if the value of the claim is
633	627		less than $100 [$50];
634	628		(2) a Class B misdemeanor if the value of the claim is
635	629		$100 [$50] or more but less than $750 [$500];
636	630		(3) a Class A misdemeanor if the value of the claim is
637	631		$750 [$500] or more but less than $2,500 [$1,500];
638	632		(4) a state jail felony if the value of the claim is
639	633		$2,500 [$1,500] or more but less than $30,000 [$20,000];
640	634		(5) a felony of the third degree if the value of the
641	635		claim is $30,000 [$20,000] or more but less than $150,000
642	636		[$100,000];
643	637		(6) a felony of the second degree if the value of the
644	638		claim is $150,000 [$100,000] or more but less than $300,000
645	639		[$200,000]; or
646	640		(7) a felony of the first degree if:
647	641		(A) the value of the claim is $300,000 [$200,000]
648	642		or more; or
649	643		(B) an act committed in connection with the
650	644		commission of the offense places a person at risk of death or
651	645		serious bodily injury.
652	646		SECTION 24. Section 35.025(b), Penal Code, is amended to
653	647		read as follows:
654	648		(b) If goods or services that are the subject of a claim
655	649		cannot be reasonably ascertained under Subsection (a), the goods or
656	650		services are considered to have a value of $750 [$500] or more but
657	651		less than $2,500 [$1,500].
658	652		SECTION 25. Section 35A.02(b), Penal Code, is amended to
659	653		read as follows:
660	654		(b) An offense under this section is:
661	655		(1) a Class C misdemeanor if the amount of any payment
662	656		or the value of any monetary or in-kind benefit provided or claim
663	657		for payment made under the Medicaid program, directly or
664	658		indirectly, as a result of the conduct is less than $100 [$50];
665	659		(2) a Class B misdemeanor if the amount of any payment
666	660		or the value of any monetary or in-kind benefit provided or claim
667	661		for payment made under the Medicaid program, directly or
668	662		indirectly, as a result of the conduct is $100 [$50] or more but
669	663		less than $750 [$500];
670	664		(3) a Class A misdemeanor if the amount of any payment
671	665		or the value of any monetary or in-kind benefit provided or claim
672	666		for payment made under the Medicaid program, directly or
673	667		indirectly, as a result of the conduct is $750 [$500] or more but
674	668		less than $2,500 [$1,500];
675	669		(4) a state jail felony if:
676	670		(A) the amount of any payment or the value of any
677	671		monetary or in-kind benefit provided or claim for payment made
678	672		under the Medicaid program, directly or indirectly, as a result of
679	673		the conduct is $2,500 [$1,500] or more but less than $30,000
680	674		[$20,000];
681	675		(B) the offense is committed under Subsection
682	676		(a)(11); or
683	677		(C) it is shown on the trial of the offense that
684	678		the amount of the payment or value of the benefit described by this
685	679		subsection cannot be reasonably ascertained;
686	680		(5) a felony of the third degree if:
687	681		(A) the amount of any payment or the value of any
688	682		monetary or in-kind benefit provided or claim for payment made
689	683		under the Medicaid program, directly or indirectly, as a result of
690	684		the conduct is $30,000 [$20,000] or more but less than $150,000
691	685		[$100,000]; or
692	686		(B) it is shown on the trial of the offense that
693	687		the defendant submitted more than 25 but fewer than 50 fraudulent
694	688		claims under the Medicaid program and the submission of each claim
695	689		constitutes conduct prohibited by Subsection (a);
696	690		(6) a felony of the second degree if:
697	691		(A) the amount of any payment or the value of any
698	692		monetary or in-kind benefit provided or claim for payment made
699	693		under the Medicaid program, directly or indirectly, as a result of
700	694		the conduct is $150,000 [$100,000] or more but less than $300,000
701	695		[$200,000]; or
702	696		(B) it is shown on the trial of the offense that
703	697		the defendant submitted 50 or more fraudulent claims under the
704	698		Medicaid program and the submission of each claim constitutes
705	699		conduct prohibited by Subsection (a); or
706	700		(7) a felony of the first degree if the amount of any
707	701		payment or the value of any monetary or in-kind benefit provided or
708	702		claim for payment made under the Medicaid program, directly or
709	703		indirectly, as a result of the conduct is $300,000 [$200,000] or
710	704		more.
711	705		SECTION 26. Section 39.02(c), Penal Code, is amended to
712	706		read as follows:
713	707		(c) An offense under Subsection (a)(2) is:
714	708		(1) a Class C misdemeanor if the value of the use of
715	709		the thing misused is less than $100 [$20];
716	710		(2) a Class B misdemeanor if the value of the use of
717	711		the thing misused is $100 [$20] or more but less than $750 [$500];
718	712		(3) a Class A misdemeanor if the value of the use of
719	713		the thing misused is $750 [$500] or more but less than $2,500
720	714		[$1,500];
721	715		(4) a state jail felony if the value of the use of the
722	716		thing misused is $2,500 [$1,500] or more but less than $30,000
723	717		[$20,000];
724	718		(5) a felony of the third degree if the value of the
725	719		use of the thing misused is $30,000 [$20,000] or more but less than
726	720		$150,000 [$100,000];
727	721		(6) a felony of the second degree if the value of the
728	722		use of the thing misused is $150,000 [$100,000] or more but less
729	723		than $300,000 [$200,000]; or
730	724		(7) a felony of the first degree if the value of the
731	725		use of the thing misused is $300,000 [$200,000] or more.
732	726		SECTION 27. The changes in law made by this Act apply only
733	727		to an offense committed on or after the effective date of this Act.
734	728		An offense committed before the effective date of this Act is
735	729		governed by the law in effect on the date the offense was committed,
736	730		and the former law is continued in effect for that purpose. For
737	731		purposes of this section, an offense was committed before the
738	732		effective date of this Act if any element of the offense occurred
739	733		before that date.
740	734		SECTION 28. This Act takes effect September 1, 2015.
741		-	* * * * *