By: Burton, Hinojosa, RodrÃguez S.B. No. 393
(In the Senate - Filed January 28, 2015; February 2, 2015,
read first time and referred to Committee on Criminal Justice;
April 7, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 7, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 393 By: Burton
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain offenses against property or
against public administration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. 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 4. 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 5. 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 6. 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
$30,000 [$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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. 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 20. Section 33A.02(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is:
(1) a Class C misdemeanor if the value of the
telecommunications service used or diverted is less than $100;
(2) a Class B misdemeanor if the value of the
telecommunications service used or diverted is $100 or more but
less than $750 [$500];
(3) [(2)] a Class A misdemeanor if:
(A) the value of the telecommunications service
used or diverted is $750 [$500] or more but less than $2,500
[$1,500]; or
(B) the value of the telecommunications service
used or diverted is less than $750 [$500] and the defendant has been
previously convicted of an offense under this chapter;
(4) [(3)] a state jail felony if:
(A) the value of the telecommunications service
used or diverted is $2,500 [$1,500] or more but less than $30,000
[$20,000]; or
(B) the value of the telecommunications service
used or diverted is less than $2,500 [$1,500] and the defendant has
been previously convicted two or more times of an offense under this
chapter;
(5) [(4)] a felony of the third degree if the value of
the telecommunications service used or diverted is $30,000
[$20,000] or more but less than $150,000 [$100,000];
(6) [(5)] a felony of the second degree if the value of
the telecommunications service used or diverted 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 value of
the telecommunications service used or diverted is $300,000
[$200,000] or more.
SECTION 21. Section 33A.04(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is:
(1) a Class C misdemeanor if the value of the
telecommunications service obtained or attempted to be obtained is
less than $100;
(2) a Class B misdemeanor if the value of the
telecommunications service obtained or attempted to be obtained is
$100 or more but less than $750 [$500];
(3) [(2)] a Class A misdemeanor if:
(A) the value of the telecommunications service
obtained or attempted to be obtained is $750 [$500] or more but less
than $2,500 [$1,500]; or
(B) the value of the telecommunications service
obtained or attempted to be obtained is less than $750 [$500] and
the defendant has been previously convicted of an offense under
this chapter;
(4) [(3)] a state jail felony if:
(A) the value of the telecommunications service
obtained or attempted to be obtained is $2,500 [$1,500] or more but
less than $30,000 [$20,000]; or
(B) the value of the telecommunications service
obtained or attempted to be obtained is less than $2,500 [$1,500]
and the defendant has been previously convicted two or more times of
an offense under this chapter;
(5) [(4)] a felony of the third degree if the value of
the telecommunications service obtained or attempted to be obtained
is $30,000 [$20,000] or more but less than $150,000 [$100,000];
(6) [(5)] a felony of the second degree if the value of
the telecommunications service obtained or attempted to be obtained
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 value of
the telecommunications service obtained or attempted to be obtained
is $300,000 [$200,000] or more.
SECTION 22. 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 23. 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 24. 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 25. 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 26. 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 27. The changes in law made by this Act 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 section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 28. This Act takes effect September 1, 2015.
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