86R6060 JRR/SCL-F
By: Miller H.B. No. 2369
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for, and civil liability related to
actions to prevent, the criminal offense of theft involving a
package delivered to a residential or commercial property;
increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 124.001, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 124.001. DETENTION TO INVESTIGATE OWNERSHIP OF
PROPERTY.
SECTION 2. Chapter 124, Civil Practice and Remedies Code,
is amended by adding Section 124.002 to read as follows:
Sec. 124.002. DETENTION TO PREVENT THEFT OF PACKAGE. (a) A
person who reasonably believes that another is stealing or
attempting to steal a package under the circumstances described by
Sections 31.03(e)(4)(G)(i) and (ii), Penal Code, is privileged to
detain the other person in a reasonable manner, including by use of
reasonable force, for a reasonable period to allow for the arrival
of law enforcement authorities.
(b) A person who is privileged to detain another under
Subsection (a) is not liable for damages arising from the detention
of that person.
SECTION 3. Article 59.01(2), Code of Criminal Procedure, is
amended to read as follows:
(2) "Contraband" means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
33A, or 35, Penal Code;
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(iv) any offense under Chapter 49, Penal
Code, that is punishable as a felony of the third degree or state
jail felony, if the defendant has been previously convicted three
times of an offense under that chapter;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 151, Finance
Code;
(iv) any felony under Chapter 34, Penal
Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves the state Medicaid program;
(vii) a Class B misdemeanor under Chapter
522, Business & Commerce Code;
(viii) a Class A misdemeanor under Section
306.051, Business & Commerce Code;
(ix) any offense under Section 42.10, Penal
Code;
(x) any offense under Section 46.06(a)(1)
or 46.14, Penal Code;
(xi) any offense under Chapter 71, Penal
Code;
(xii) any offense under Section 20.05 or
20.06, Penal Code; [or]
(xiii) an offense under Section 326.002,
Business & Commerce Code; or
(xiv) an offense punishable under Section
31.03(e)(4)(G), (5)(D), (6)(C), or (7)(B), Penal Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
this subdivision, or a crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
or (xi) of this subdivision, or a crime of violence;
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
43.25, Penal Code; or
(F) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 20A.02 or
Chapter 43, Penal Code.
SECTION 4. 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;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is $100 or
more but less than $750;
(B) the value of the property stolen is less than
$100 and the defendant has previously been convicted of any grade of
theft; 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 or more but less than $2,500;
(4) a state jail felony if:
(A) the value of the property stolen is $2,500 or
more but less than $30,000, or the property is less than 10 head of
sheep, swine, or goats or any part thereof under the value of
$30,000;
(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 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
$20,000 and the property stolen is:
(i) aluminum;
(ii) bronze;
(iii) copper; or
(iv) brass; or
(G) the property:
(i) is a package that has been delivered by
United States mail, common carrier, or a delivery service but not
yet received by the addressee;
(ii) is stolen from a residential or
commercial property, including the driveway, porch, front door, or
any other area of the property; and
(iii) has a value of less than $30,000;
(5) a felony of the third degree if the value of the
property stolen is $30,000 or more but less than $150,000, 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;
(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; [or]
(C) a controlled substance, having a value of
less than $150,000, if stolen from:
(i) a commercial building in which a
controlled substance is generally stored, including a pharmacy,
clinic, hospital, nursing facility, or warehouse; or
(ii) a vehicle owned or operated by a
wholesale distributor of prescription drugs; or
(D) a package described by Subdivision (4)(G)(i)
that is stolen from a location described by Subdivision (4)(G)(ii)
and that has a value of less than $150,000, if the defendant has
previously been convicted one time of any grade of an offense under
this section involving the theft of a package under the
circumstances described by Subdivisions (4)(G)(i) and (ii);
(6) a felony of the second degree if:
(A) the value of the property stolen is $150,000
or more but less than $300,000; [or]
(B) the value of the property stolen is less than
$300,000 and the property stolen is an automated teller machine or
the contents or components of an automated teller machine; or
(C) the value of the property stolen is less than
$300,000, the property is a package described by Subdivision
(4)(G)(i) stolen from a location described by Subdivision
(4)(G)(ii), and the defendant has previously been convicted two
times of any grade of an offense under this section involving the
theft of a package under the circumstances described by
Subdivisions (4)(G)(i) and (ii); or
(7) a felony of the first degree if:
(A) the value of the property stolen is $300,000
or more; or
(B) the value of the property stolen is less than
$300,000, the property is a package described by Subdivision
(4)(G)(i) stolen from a location described by Subdivision
(4)(G)(ii), and the defendant has previously been convicted three
or more times of any grade of an offense under this section
involving the theft of a package under the circumstances described
by Subdivisions (4)(G)(i) and (ii).
SECTION 5. Section 31.03(h), Penal Code, is amended by
adding Subdivision (7) to read as follows:
(7) "Package" means a box, container, bag, or other
sealed article holding a good or product.
SECTION 6. (a) Except as provided by Subsection (b) of
this section, the change in law made by this Act applies 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 subsection, an offense was committed before the effective date
of this Act if any element of the offense occurred before that date.
(b) Section 124.002, Civil Practice and Remedies Code, as
added by this Act, does not apply to a cause of action that accrued
before the effective date of this Act. A cause of action that
accrued before the effective date of this Act is governed by the law
applicable to the cause of action immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2019.