By: Bhojani, et al. (Senate Sponsor - Whitmire) H.B. No. 4779
(In the Senate - Received from the House May 8, 2023;
May 15, 2023, read first time and referred to Committee on Criminal
Justice; May 19, 2023, reported favorably by the following vote:
Yeas 7, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
WhitmireX
FloresX
BettencourtX
HinojosaX
HuffmanX
KingX
MilesX
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the criminal offense of organized
retail theft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.16, Penal Code, is amended to read as
follows:
Sec. 31.16. ORGANIZED RETAIL THEFT. (a) [(b)] A person
commits an offense if, with the intent to support, facilitate, or
engage in the acquisition of stolen retail merchandise and the
redistribution of that merchandise into the supply chain, the
person [intentionally] conducts, promotes, or facilitates an
activity in which the person receives, possesses, conceals, stores,
barters, sells, or disposes of a total value of not less than $100
of:
(1) stolen retail merchandise; or
(2) merchandise explicitly represented to the person
as being stolen retail merchandise.
(b) [(c)] An offense under this section is:
(1) [a Class C misdemeanor if the total value of the
merchandise involved in the activity is less than $100;
[(2)] a Class B misdemeanor if the total value of the
merchandise involved in the activity is $100 or more but less than
$750;
(2) [(3)] a Class A misdemeanor if the total value of
the merchandise involved in the activity is $750 or more but less
than $2,500;
(3) [(4)] a state jail felony if the total value of the
merchandise involved in the activity is $2,500 or more but less than
$30,000;
(4) [(5)] a felony of the third degree if the total
value of the merchandise involved in the activity is $30,000 or more
but less than $150,000;
(5) [(6)] a felony of the second degree if the total
value of the merchandise involved in the activity is $150,000 or
more but less than $300,000; or
(6) [(7)] a felony of the first degree if the total
value of the merchandise involved in the activity is $300,000 or
more.
(c) [(d)] An offense described for purposes of punishment
by Subsections (b)(1)-(5) [(c)(1)-(6)] is increased to the next
higher category of offense if it is shown on the trial of the
offense that:
(1) the person organized, supervised, financed, or
managed one or more other persons engaged in an activity described
by Subsection (a) [(b)]; or
(2) during the commission of the offense, a person
engaged in an activity described by Subsection (a) [(b)]
intentionally, knowingly, or recklessly:
(A) caused a fire exit alarm to sound or
otherwise become activated;
(B) deactivated or otherwise prevented a fire
exit alarm or retail theft detector from sounding; or
(C) used a shielding or deactivation instrument
to prevent or attempt to prevent detection of the offense by a
retail theft detector.
SECTION 2. 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 section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2023.
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