Texas 2021 - 87th Regular

Texas House Bill HB2694 Compare Versions

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

Old	New	Differences
1	1	87R2465 JRR-F
2	2	By: Moody H.B. No. 2694
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the criminal offense of organized
8	8	retail theft.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 31.16, Penal Code, is amended to read as
11	11	follows:
12	12	Sec. 31.16. ORGANIZED RETAIL THEFT. (a) [(b)] A person
13	13	commits an offense if, with the intent to support, facilitate, or
14	14	engage in the acquisition of stolen retail merchandise and the
15	15	redistribution of that merchandise into the supply chain, the
16	16	person [intentionally] conducts, promotes, or facilitates an
17	17	activity in which the person receives, possesses, conceals, stores,
18	18	barters, sells, or disposes of a total value of not less than $2,500
19	19	of:
20	20	(1) stolen retail merchandise; or
21	21	(2) merchandise explicitly represented to the person
22	22	as being stolen retail merchandise.
23	23	(b) [(c)] An offense under this section is:
24	24	(1) [a Class C misdemeanor if the total value of the
25	25	merchandise involved in the activity is less than $100;
26	26	[(2) a Class B misdemeanor if the total value of the
27	27	merchandise involved in the activity is $100 or more but less than
28	28	$750;
29	29	[(3) a Class A misdemeanor if the total value of the
30	30	merchandise involved in the activity is $750 or more but less than
31	31	$2,500;
32	32	[(4)] a state jail felony if the total value of the
33	33	merchandise involved in the activity is $2,500 or more but less than
34	34	$30,000;
35	35	(2) [(5)] a felony of the third degree if the total
36	36	value of the merchandise involved in the activity is $30,000 or more
37	37	but less than $150,000;
38	38	(3) [(6)] a felony of the second degree if the total
39	39	value of the merchandise involved in the activity is $150,000 or
40	40	more but less than $300,000; or
41	41	(4) [(7)] a felony of the first degree if the total
42	42	value of the merchandise involved in the activity is $300,000 or
43	43	more.
44	44	(c) [(d)] An offense described for purposes of punishment
45	45	by Subsections (b)(1)-(3) [(c)(1)-(6)] is increased to the next
46	46	higher category of offense if it is shown on the trial of the
47	47	offense that:
48	48	(1) the person organized, supervised, financed, or
49	49	managed one or more other persons engaged in an activity described
50	50	by Subsection (a) [(b)]; or
51	51	(2) during the commission of the offense, a person
52	52	engaged in an activity described by Subsection (a) [(b)]
53	53	intentionally, knowingly, or recklessly:
54	54	(A) caused a fire exit alarm to sound or
55	55	otherwise become activated;
56	56	(B) deactivated or otherwise prevented a fire
57	57	exit alarm or retail theft detector from sounding; or
58	58	(C) used a shielding or deactivation instrument
59	59	to prevent or attempt to prevent detection of the offense by a
60	60	retail theft detector.
61	61	SECTION 2. The change in law made by this Act applies only
62	62	to an offense committed on or after the effective date of this Act.
63	63	An offense committed before the effective date of this Act is
64	64	governed by the law in effect on the date the offense was committed,
65	65	and the former law is continued in effect for that purpose. For
66	66	purposes of this section, an offense was committed before the
67	67	effective date of this Act if any element of the offense occurred
68	68	before that date.
69	69	SECTION 3. This Act takes effect September 1, 2021.