| 1 | 1 | | 86R13395 ADM-F |
|---|
| 2 | 2 | | By: Wu H.B. No. 3278 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the creation of the criminal offense of predatory |
|---|
| 8 | 8 | | theft. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 31, Penal Code, is amended by adding |
|---|
| 11 | 11 | | Section 31.20 to read as follows: |
|---|
| 12 | 12 | | Sec. 31.20. PREDATORY THEFT. (a) In this section, "follow" |
|---|
| 13 | 13 | | means any conduct that tends to show that a person pursued another, |
|---|
| 14 | 14 | | including waiting for the person, tracking or trailing the person, |
|---|
| 15 | 15 | | and maintaining visual contact with the person. |
|---|
| 16 | 16 | | (b) A person commits an offense if, with the intent to |
|---|
| 17 | 17 | | commit an offense under Section 29.02, 29.03, 30.04, or 31.03, the |
|---|
| 18 | 18 | | person: |
|---|
| 19 | 19 | | (1) follows another person; and |
|---|
| 20 | 20 | | (2) engages in conduct constituting an offense under |
|---|
| 21 | 21 | | Section 31.03 against the person followed. |
|---|
| 22 | 22 | | (c) An offense under this section is a felony of the third |
|---|
| 23 | 23 | | degree. |
|---|
| 24 | 24 | | (d) If conduct that constitutes an offense under this |
|---|
| 25 | 25 | | section also constitutes an offense under other law, the actor may |
|---|
| 26 | 26 | | be prosecuted under this section, the other law, or both. |
|---|
| 27 | 27 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 28 | 28 | | to an offense committed on or after the effective date of this Act. |
|---|
| 29 | 29 | | An offense committed before the effective date of this Act is |
|---|
| 30 | 30 | | governed by the law in effect on the date the offense was committed, |
|---|
| 31 | 31 | | and the former law is continued in effect for that purpose. For |
|---|
| 32 | 32 | | purposes of this section, an offense was committed before the |
|---|
| 33 | 33 | | effective date of this Act if any element of the offense occurred |
|---|
| 34 | 34 | | before that date. |
|---|
| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|