Texas 2023 - 88th Regular

Texas House Bill HB2129

Filed
2/9/23  
Out of House Committee
5/1/23  
Voted on by House
5/6/23  
Out of Senate Committee
5/21/23  
Voted on by Senate
5/24/23  
Governor Action
6/12/23  

Caption

Relating to a merchant allowing a person suspected of committing or attempting to commit theft to complete a theft education program.

Impact

If enacted, HB2129 will impact state laws related to criminal justice by allowing for educational options for nonviolent offenders. Merchants who choose to participate in this program can potentially reduce the financial and social repercussions associated with theft. This shift towards a focus on education rather than punishment aims to lower theft rates and alleviate the burden on law enforcement and the judicial system for minor offenses. Successful completion of the program also shields participants from additional civil penalties, marking a significant change in how petty theft is treated under current laws.

Summary

House Bill 2129, also known as the Kevin Kolbye Act, establishes a framework for merchants to offer individuals suspected of theft an educational diversion program instead of reporting them to law enforcement. The bill aims to address retail theft by providing a non-punitive alternative that focuses on behavior modification and reconciliation. This approach is designed to mitigate the impacts of shoplifting, which costs retailers millions daily, by encouraging offenders to learn from their actions rather than facing immediate legal penalties.

Sentiment

The sentiment surrounding HB2129 is largely supportive, particularly among merchants and advocates for criminal justice reform. Proponents argue that educational programs can effectively change behavior and reduce repeat offenses while benefitting retailers by lowering their losses. However, some lawmakers express concerns about the effectiveness of such programs in truly deterring theft and fear that this may inadvertently encourage shoplifting by decreasing the immediate legal repercussions.

Contention

Notable points of contention regarding HB2129 revolve around the potential implications for law enforcement and public safety. Critics worry that diverting suspected thieves from traditional legal pathways could undermine accountability and lead to a normalization of theft behavior among some individuals. Additionally, there are discussions on how successful these educational programs will be in genuinely instilling accountability and awareness of the societal impacts of theft, suggesting a need for evidence-based evaluations of the program's effectiveness once implemented.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 124. Privilege To Investigate Theft
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB1882

Identical Relating to a merchant allowing a person suspected of committing or attempting to commit theft to complete a theft education program.

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