Texas 2019 - 86th Regular

Texas House Bill HB2369 Compare Versions

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

Old	New	Differences
1	1	86R6060 JRR/SCL-F
2	2	By: Miller H.B. No. 2369
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for, and civil liability related to
8	8	actions to prevent, the criminal offense of theft involving a
9	9	package delivered to a residential or commercial property;
10	10	increasing criminal penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 124.001, Civil Practice
13	13	and Remedies Code, is amended to read as follows:
14	14	Sec. 124.001. DETENTION TO INVESTIGATE OWNERSHIP OF
15	15	PROPERTY.
16	16	SECTION 2. Chapter 124, Civil Practice and Remedies Code,
17	17	is amended by adding Section 124.002 to read as follows:
18	18	Sec. 124.002. DETENTION TO PREVENT THEFT OF PACKAGE. (a) A
19	19	person who reasonably believes that another is stealing or
20	20	attempting to steal a package under the circumstances described by
21	21	Sections 31.03(e)(4)(G)(i) and (ii), Penal Code, is privileged to
22	22	detain the other person in a reasonable manner, including by use of
23	23	reasonable force, for a reasonable period to allow for the arrival
24	24	of law enforcement authorities.
25	25	(b) A person who is privileged to detain another under
26	26	Subsection (a) is not liable for damages arising from the detention
27	27	of that person.
28	28	SECTION 3. Article 59.01(2), Code of Criminal Procedure, is
29	29	amended to read as follows:
30	30	(2) "Contraband" means property of any nature,
31	31	including real, personal, tangible, or intangible, that is:
32	32	(A) used in the commission of:
33	33	(i) any first or second degree felony under
34	34	the Penal Code;
35	35	(ii) any felony under Section 15.031(b),
36	36	20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
37	37	33A, or 35, Penal Code;
38	38	(iii) any felony under The Securities Act
39	39	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
40	40	(iv) any offense under Chapter 49, Penal
41	41	Code, that is punishable as a felony of the third degree or state
42	42	jail felony, if the defendant has been previously convicted three
43	43	times of an offense under that chapter;
44	44	(B) used or intended to be used in the commission
45	45	of:
46	46	(i) any felony under Chapter 481, Health
47	47	and Safety Code (Texas Controlled Substances Act);
48	48	(ii) any felony under Chapter 483, Health
49	49	and Safety Code;
50	50	(iii) a felony under Chapter 151, Finance
51	51	Code;
52	52	(iv) any felony under Chapter 34, Penal
53	53	Code;
54	54	(v) a Class A misdemeanor under Subchapter
55	55	B, Chapter 365, Health and Safety Code, if the defendant has been
56	56	previously convicted twice of an offense under that subchapter;
57	57	(vi) any felony under Chapter 32, Human
58	58	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
59	59	involves the state Medicaid program;
60	60	(vii) a Class B misdemeanor under Chapter
61	61	522, Business & Commerce Code;
62	62	(viii) a Class A misdemeanor under Section
63	63	306.051, Business & Commerce Code;
64	64	(ix) any offense under Section 42.10, Penal
65	65	Code;
66	66	(x) any offense under Section 46.06(a)(1)
67	67	or 46.14, Penal Code;
68	68	(xi) any offense under Chapter 71, Penal
69	69	Code;
70	70	(xii) any offense under Section 20.05 or
71	71	20.06, Penal Code; [or]
72	72	(xiii) an offense under Section 326.002,
73	73	Business & Commerce Code; or
74	74	(xiv) an offense punishable under Section
75	75	31.03(e)(4)(G), (5)(D), (6)(C), or (7)(B), Penal Code;
76	76	(C) the proceeds gained from the commission of a
77	77	felony listed in Paragraph (A) or (B) of this subdivision, a
78	78	misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
79	79	this subdivision, or a crime of violence;
80	80	(D) acquired with proceeds gained from the
81	81	commission of a felony listed in Paragraph (A) or (B) of this
82	82	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
83	83	or (xi) of this subdivision, or a crime of violence;
84	84	(E) used to facilitate or intended to be used to
85	85	facilitate the commission of a felony under Section 15.031 or
86	86	43.25, Penal Code; or
87	87	(F) used to facilitate or intended to be used to
88	88	facilitate the commission of a felony under Section 20A.02 or
89	89	Chapter 43, Penal Code.
90	90	SECTION 4. Section 31.03(e), Penal Code, is amended to read
91	91	as follows:
92	92	(e) Except as provided by Subsection (f), an offense under
93	93	this section is:
94	94	(1) a Class C misdemeanor if the value of the property
95	95	stolen is less than $100;
96	96	(2) a Class B misdemeanor if:
97	97	(A) the value of the property stolen is $100 or
98	98	more but less than $750;
99	99	(B) the value of the property stolen is less than
100	100	$100 and the defendant has previously been convicted of any grade of
101	101	theft; or
102	102	(C) the property stolen is a driver's license,
103	103	commercial driver's license, or personal identification
104	104	certificate issued by this state or another state;
105	105	(3) a Class A misdemeanor if the value of the property
106	106	stolen is $750 or more but less than $2,500;
107	107	(4) a state jail felony if:
108	108	(A) the value of the property stolen is $2,500 or
109	109	more but less than $30,000, or the property is less than 10 head of
110	110	sheep, swine, or goats or any part thereof under the value of
111	111	$30,000;
112	112	(B) regardless of value, the property is stolen
113	113	from the person of another or from a human corpse or grave,
114	114	including property that is a military grave marker;
115	115	(C) the property stolen is a firearm, as defined
116	116	by Section 46.01;
117	117	(D) the value of the property stolen is less than
118	118	$2,500 and the defendant has been previously convicted two or more
119	119	times of any grade of theft;
120	120	(E) the property stolen is an official ballot or
121	121	official carrier envelope for an election; [or]
122	122	(F) the value of the property stolen is less than
123	123	$20,000 and the property stolen is:
124	124	(i) aluminum;
125	125	(ii) bronze;
126	126	(iii) copper; or
127	127	(iv) brass; or
128	128	(G) the property:
129	129	(i) is a package that has been delivered by
130	130	United States mail, common carrier, or a delivery service but not
131	131	yet received by the addressee;
132	132	(ii) is stolen from a residential or
133	133	commercial property, including the driveway, porch, front door, or
134	134	any other area of the property; and
135	135	(iii) has a value of less than $30,000;
136	136	(5) a felony of the third degree if the value of the
137	137	property stolen is $30,000 or more but less than $150,000, or the
138	138	property is:
139	139	(A) cattle, horses, or exotic livestock or exotic
140	140	fowl as defined by Section 142.001, Agriculture Code, stolen during
141	141	a single transaction and having an aggregate value of less than
142	142	$150,000;
143	143	(B) 10 or more head of sheep, swine, or goats
144	144	stolen during a single transaction and having an aggregate value of
145	145	less than $150,000; [or]
146	146	(C) a controlled substance, having a value of
147	147	less than $150,000, if stolen from:
148	148	(i) a commercial building in which a
149	149	controlled substance is generally stored, including a pharmacy,
150	150	clinic, hospital, nursing facility, or warehouse; or
151	151	(ii) a vehicle owned or operated by a
152	152	wholesale distributor of prescription drugs; or
153	153	(D) a package described by Subdivision (4)(G)(i)
154	154	that is stolen from a location described by Subdivision (4)(G)(ii)
155	155	and that has a value of less than $150,000, if the defendant has
156	156	previously been convicted one time of any grade of an offense under
157	157	this section involving the theft of a package under the
158	158	circumstances described by Subdivisions (4)(G)(i) and (ii);
159	159	(6) a felony of the second degree if:
160	160	(A) the value of the property stolen is $150,000
161	161	or more but less than $300,000; [or]
162	162	(B) the value of the property stolen is less than
163	163	$300,000 and the property stolen is an automated teller machine or
164	164	the contents or components of an automated teller machine; or
165	165	(C) the value of the property stolen is less than
166	166	$300,000, the property is a package described by Subdivision
167	167	(4)(G)(i) stolen from a location described by Subdivision
168	168	(4)(G)(ii), and the defendant has previously been convicted two
169	169	times of any grade of an offense under this section involving the
170	170	theft of a package under the circumstances described by
171	171	Subdivisions (4)(G)(i) and (ii); or
172	172	(7) a felony of the first degree if:
173	173	(A) the value of the property stolen is $300,000
174	174	or more; or
175	175	(B) the value of the property stolen is less than
176	176	$300,000, the property is a package described by Subdivision
177	177	(4)(G)(i) stolen from a location described by Subdivision
178	178	(4)(G)(ii), and the defendant has previously been convicted three
179	179	or more times of any grade of an offense under this section
180	180	involving the theft of a package under the circumstances described
181	181	by Subdivisions (4)(G)(i) and (ii).
182	182	SECTION 5. Section 31.03(h), Penal Code, is amended by
183	183	adding Subdivision (7) to read as follows:
184	184	(7) "Package" means a box, container, bag, or other
185	185	sealed article holding a good or product.
186	186	SECTION 6. (a) Except as provided by Subsection (b) of
187	187	this section, the change in law made by this Act applies only to an
188	188	offense committed on or after the effective date of this Act. An
189	189	offense committed before the effective date of this Act is governed
190	190	by the law in effect on the date the offense was committed, and the
191	191	former law is continued in effect for that purpose. For purposes of
192	192	this subsection, an offense was committed before the effective date
193	193	of this Act if any element of the offense occurred before that date.
194	194	(b) Section 124.002, Civil Practice and Remedies Code, as
195	195	added by this Act, does not apply to a cause of action that accrued
196	196	before the effective date of this Act. A cause of action that
197	197	accrued before the effective date of this Act is governed by the law
198	198	applicable to the cause of action immediately before the effective
199	199	date of this Act, and that law is continued in effect for that
200	200	purpose.
201	201	SECTION 7. This Act takes effect September 1, 2019.