| 1 | 1 | | 86R7965 JRR-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 1240 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the punishment for the criminal offense of theft. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 31.03(e), Penal Code, is amended to read |
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| 10 | 10 | | as follows: |
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| 11 | 11 | | (e) Except as provided by Subsection (f), an offense under |
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| 12 | 12 | | this section is: |
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| 13 | 13 | | (1) a Class C misdemeanor if the value of the property |
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| 14 | 14 | | stolen is less than $100; |
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| 15 | 15 | | (2) a Class B misdemeanor if: |
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| 16 | 16 | | (A) the value of the property stolen is $100 or |
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| 17 | 17 | | more but less than $750; |
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| 18 | 18 | | (B) the value of the property stolen is less than |
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| 19 | 19 | | $100 and the defendant has, in the five-year period preceding the |
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| 20 | 20 | | date of commission of the instant offense, previously been |
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| 21 | 21 | | convicted two or more times of any grade of theft; or |
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| 22 | 22 | | (C) the property stolen is a driver's license, |
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| 23 | 23 | | commercial driver's license, or personal identification |
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| 24 | 24 | | certificate issued by this state or another state; |
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| 25 | 25 | | (3) a Class A misdemeanor if: |
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| 26 | 26 | | (A) the value of the property stolen is $750 or |
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| 27 | 27 | | more but less than $2,500; or |
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| 28 | 28 | | (B) the value of the property stolen is $100 or |
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| 29 | 29 | | more but less than $750 and the defendant has, in the five-year |
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| 30 | 30 | | period preceding the date of commission of the instant offense, |
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| 31 | 31 | | previously been convicted two or more times of any grade of theft; |
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| 32 | 32 | | (4) a state jail felony if: |
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| 33 | 33 | | (A) the value of the property stolen is $2,500 or |
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| 34 | 34 | | more but less than $30,000, or the property is less than 10 head of |
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| 35 | 35 | | sheep, swine, or goats or any part thereof under the value of |
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| 36 | 36 | | $30,000; |
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| 37 | 37 | | (B) regardless of value, the property is stolen |
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| 38 | 38 | | from the person of another or from a human corpse or grave, |
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| 39 | 39 | | including property that is a military grave marker; |
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| 40 | 40 | | (C) the property stolen is a firearm, as defined |
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| 41 | 41 | | by Section 46.01; |
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| 42 | 42 | | (D) the value of the property stolen is $750 or |
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| 43 | 43 | | more but less than $2,500 and, regardless of the period within which |
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| 44 | 44 | | the convictions occurred, the defendant has been previously |
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| 45 | 45 | | convicted two or more times of any grade of theft; |
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| 46 | 46 | | (E) the property stolen is an official ballot or |
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| 47 | 47 | | official carrier envelope for an election; or |
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| 48 | 48 | | (F) the value of the property stolen is less than |
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| 49 | 49 | | $20,000 and the property stolen is: |
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| 50 | 50 | | (i) aluminum; |
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| 51 | 51 | | (ii) bronze; |
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| 52 | 52 | | (iii) copper; or |
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| 53 | 53 | | (iv) brass; |
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| 54 | 54 | | (5) a felony of the third degree if the value of the |
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| 55 | 55 | | property stolen is $30,000 or more but less than $150,000, or the |
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| 56 | 56 | | property is: |
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| 57 | 57 | | (A) cattle, horses, or exotic livestock or exotic |
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| 58 | 58 | | fowl as defined by Section 142.001, Agriculture Code, stolen during |
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| 59 | 59 | | a single transaction and having an aggregate value of less than |
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| 60 | 60 | | $150,000; |
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| 61 | 61 | | (B) 10 or more head of sheep, swine, or goats |
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| 62 | 62 | | stolen during a single transaction and having an aggregate value of |
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| 63 | 63 | | less than $150,000; or |
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| 64 | 64 | | (C) a controlled substance, having a value of |
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| 65 | 65 | | less than $150,000, if stolen from: |
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| 66 | 66 | | (i) a commercial building in which a |
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| 67 | 67 | | controlled substance is generally stored, including a pharmacy, |
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| 68 | 68 | | clinic, hospital, nursing facility, or warehouse; or |
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| 69 | 69 | | (ii) a vehicle owned or operated by a |
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| 70 | 70 | | wholesale distributor of prescription drugs; |
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| 71 | 71 | | (6) a felony of the second degree if: |
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| 72 | 72 | | (A) the value of the property stolen is $150,000 |
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| 73 | 73 | | or more but less than $300,000; or |
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| 74 | 74 | | (B) the value of the property stolen is less than |
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| 75 | 75 | | $300,000 and the property stolen is an automated teller machine or |
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| 76 | 76 | | the contents or components of an automated teller machine; or |
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| 77 | 77 | | (7) a felony of the first degree if the value of the |
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| 78 | 78 | | property stolen is $300,000 or more. |
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| 79 | 79 | | SECTION 2. The change in law made by this Act applies only |
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| 80 | 80 | | to an offense committed on or after the effective date of this Act. |
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| 81 | 81 | | An offense committed before the effective date of this Act is |
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| 82 | 82 | | governed by the law in effect on the date the offense was committed, |
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| 83 | 83 | | and the former law is continued in effect for that purpose. For |
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| 84 | 84 | | purposes of this section, an offense was committed before the |
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| 85 | 85 | | effective date of this Act if any element of the offense occurred |
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| 86 | 86 | | before that date. |
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| 87 | 87 | | SECTION 3. This Act takes effect September 1, 2019. |
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