Texas 2017 - 85th Regular

Texas Senate Bill SB1978 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R13337 KJE-D
2	2	By: Schwertner S.B. No. 1978
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for the offense of theft of cattle,
8	8	horses, exotic livestock, exotic fowl, sheep, swine, or goats;
9	9	increasing a criminal penalty; imposing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 102, Code of Criminal
12	12	Procedure, is amended by adding Article 102.023 to read as follows:
13	13	Art. 102.023. FEE FOR THEFT OF LIVESTOCK. (a) On
14	14	conviction of an offense under Section 31.03, Penal Code, involving
15	15	the theft of cattle, horses, exotic livestock, exotic fowl, sheep,
16	16	swine, or goats, the defendant shall pay a fee of $20.
17	17	(b) An officer who collects a fee under this article shall
18	18	remit the fee to the Texas and Southwestern Cattle Raisers
19	19	Association, to be used only for purposes of the special rangers
20	20	appointed under Article 2.125.
21	21	(c) In this article, a person is considered convicted if:
22	22	(1) a sentence is imposed on the person;
23	23	(2) the person is placed on community supervision,
24	24	including deferred adjudication community supervision; or
25	25	(3) the court defers final disposition of the person's
26	26	case.
27	27	SECTION 2. Article 103.004, Code of Criminal Procedure, is
28	28	amended by amending Subsection (a) and adding Subsection (b) to
29	29	read as follows:
30	30	(a) Except as provided by Subsections (b) and [Subsection]
31	31	(c), an officer who collects recognizances, bail bonds, fines,
32	32	forfeitures, judgments, jury fees, and other obligations recovered
33	33	in the name of the state under any provision of this title shall
34	34	deposit the money in the county treasury not later than the next
35	35	regular business day after the date that the money is
36	36	collected. If it is not possible for the officer to deposit the
37	37	money in the county treasury by that date, the officer shall deposit
38	38	the money in the county treasury as soon as possible, but not later
39	39	than the fifth regular business day after the date that the money is
40	40	collected.
41	41	(b) An officer who collects a fine imposed for an offense
42	42	under Section 31.03, Penal Code, involving the theft of cattle,
43	43	horses, exotic livestock, exotic fowl, sheep, swine, or goats shall
44	44	remit the fine as follows:
45	45	(1) 90 percent of the fine to the victim or victims of
46	46	the offense in equal amounts; and
47	47	(2) 10 percent of the fine to the Texas and
48	48	Southwestern Cattle Raisers Association, to be used only for
49	49	purposes of the special rangers appointed under Article 2.125.
50	50	SECTION 3. Subchapter B, Chapter 103, Government Code, is
51	51	amended by adding Section 103.02102 to read as follows:
52	52	Sec. 103.02102. ADDITIONAL FEE FOR CERTAIN CASES INVOLVING
53	53	THEFT OF LIVESTOCK: CODE OF CRIMINAL PROCEDURE. On conviction of an
54	54	offense under Section 31.03, Penal Code, involving the theft of
55	55	cattle, horses, exotic livestock, exotic fowl, sheep, swine, or
56	56	goats, the defendant shall pay a fee of $20 under Article 102.023,
57	57	Code of Criminal Procedure.
58	58	SECTION 4. Sections 31.03(e) and (g), Penal Code, are
59	59	amended to read as follows:
60	60	(e) Except as provided by Subsection (f), an offense under
61	61	this section is:
62	62	(1) a Class C misdemeanor if the value of the property
63	63	stolen is less than $100;
64	64	(2) a Class B misdemeanor if:
65	65	(A) the value of the property stolen is $100 or
66	66	more but less than $750;
67	67	(B) the value of the property stolen is less than
68	68	$100 and the defendant has previously been convicted of any grade of
69	69	theft; or
70	70	(C) the property stolen is a driver's license,
71	71	commercial driver's license, or personal identification
72	72	certificate issued by this state or another state;
73	73	(3) a Class A misdemeanor if the value of the property
74	74	stolen is $750 or more but less than $2,500;
75	75	(4) a state jail felony if:
76	76	(A) the value of the property stolen is $2,500 or
77	77	more but less than $30,000, or the property stolen is less than 10
78	78	head of sheep, swine, or goats or any part thereof under the value
79	79	of $30,000;
80	80	(B) regardless of value, the property is stolen
81	81	from the person of another or from a human corpse or grave,
82	82	including property that is a military grave marker;
83	83	(C) the property stolen is a firearm, as defined
84	84	by Section 46.01;
85	85	(D) the value of the property stolen is less than
86	86	$2,500 and the defendant has been previously convicted two or more
87	87	times of any grade of theft;
88	88	(E) the property stolen is an official ballot or
89	89	official carrier envelope for an election; or
90	90	(F) the value of the property stolen is less than
91	91	$20,000 and the property stolen is:
92	92	(i) aluminum;
93	93	(ii) bronze;
94	94	(iii) copper; or
95	95	(iv) brass;
96	96	(5) a felony of the third degree if the value of the
97	97	property stolen is $30,000 or more but less than $150,000, or the
98	98	property stolen is:
99	99	(A) cattle, horses, [or] exotic livestock, or
100	100	exotic fowl [as defined by Section 142.001, Agriculture Code,]
101	101	stolen during a single transaction and having an aggregate value of
102	102	less than $75,000 [$150,000]; or
103	103	(B) 10 or more head of sheep, swine, or goats
104	104	stolen during a single transaction and having an aggregate value of
105	105	less than $75,000 [$150,000];
106	106	(6) a felony of the second degree if:
107	107	(A) the value of the property stolen is $150,000
108	108	or more but less than $300,000; [or]
109	109	(B) the value of the property stolen is less than
110	110	$300,000 and the property stolen is an automated teller machine or
111	111	the contents or components of an automated teller machine; or
112	112	(C) the property stolen is:
113	113	(i) cattle, horses, exotic livestock, or
114	114	exotic fowl stolen during a single transaction and having an
115	115	aggregate value of $75,000 or more but less than $225,000; or
116	116	(ii) 10 or more head of sheep, swine, or
117	117	goats stolen during a single transaction and having an aggregate
118	118	value of $75,000 or more but less than $225,000; or
119	119	(7) a felony of the first degree if the value of the
120	120	property stolen is $300,000 or more, or the property stolen is:
121	121	(A) cattle, horses, exotic livestock, or exotic
122	122	fowl stolen during a single transaction and having an aggregate
123	123	value of $225,000 or more; or
124	124	(B) 10 or more head of sheep, swine, or goats
125	125	stolen during a single transaction and having an aggregate value of
126	126	$225,000 or more.
127	127	(g) For the purposes of Subsection (a), a person is the
128	128	owner of exotic livestock or exotic fowl [as defined by Section
129	129	142.001, Agriculture Code,] only if the person qualifies to claim
130	130	the animal under Section 142.0021, Agriculture Code, if the animal
131	131	is an estray.
132	132	SECTION 5. Section 31.03(h), Penal Code, is amended by
133	133	adding Subdivision (5) to read as follows:
134	134	(5) "Exotic livestock" and "exotic fowl" have the
135	135	meanings assigned by Section 142.001, Agriculture Code.
136	136	SECTION 6. The change in law made by this Act applies only
137	137	to an offense committed on or after the effective date of this Act.
138	138	An offense committed before the effective date of this Act is
139	139	governed by the law in effect when the offense was committed, and
140	140	the former law is continued in effect for that purpose. For
141	141	purposes of this section, an offense was committed before the
142	142	effective date of this Act if any element of the offense occurred
143	143	before that date.
144	144	SECTION 7. This Act takes effect September 1, 2017.