| 1 | 1 | | H.B. No. 4779 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the prosecution of the criminal offense of organized |
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| 6 | 6 | | retail theft. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 31.16, Penal Code, is amended to read as |
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| 9 | 9 | | follows: |
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| 10 | 10 | | Sec. 31.16. ORGANIZED RETAIL THEFT. (a) [(b)] A person |
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| 11 | 11 | | commits an offense if, with the intent to support, facilitate, or |
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| 12 | 12 | | engage in the acquisition of stolen retail merchandise and the |
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| 13 | 13 | | redistribution of that merchandise into the supply chain, the |
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| 14 | 14 | | person [intentionally] conducts, promotes, or facilitates an |
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| 15 | 15 | | activity in which the person receives, possesses, conceals, stores, |
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| 16 | 16 | | barters, sells, or disposes of a total value of not less than $100 |
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| 17 | 17 | | of: |
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| 18 | 18 | | (1) stolen retail merchandise; or |
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| 19 | 19 | | (2) merchandise explicitly represented to the person |
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| 20 | 20 | | as being stolen retail merchandise. |
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| 21 | 21 | | (b) [(c)] An offense under this section is: |
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| 22 | 22 | | (1) [a Class C misdemeanor if the total value of the |
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| 23 | 23 | | merchandise involved in the activity is less than $100; |
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| 24 | 24 | | [(2)] a Class B misdemeanor if the total value of the |
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| 25 | 25 | | merchandise involved in the activity is $100 or more but less than |
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| 26 | 26 | | $750; |
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| 27 | 27 | | (2) [(3)] a Class A misdemeanor if the total value of |
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| 28 | 28 | | the merchandise involved in the activity is $750 or more but less |
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| 29 | 29 | | than $2,500; |
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| 30 | 30 | | (3) [(4)] a state jail felony if the total value of the |
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| 31 | 31 | | merchandise involved in the activity is $2,500 or more but less than |
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| 32 | 32 | | $30,000; |
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| 33 | 33 | | (4) [(5)] a felony of the third degree if the total |
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| 34 | 34 | | value of the merchandise involved in the activity is $30,000 or more |
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| 35 | 35 | | but less than $150,000; |
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| 36 | 36 | | (5) [(6)] a felony of the second degree if the total |
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| 37 | 37 | | value of the merchandise involved in the activity is $150,000 or |
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| 38 | 38 | | more but less than $300,000; or |
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| 39 | 39 | | (6) [(7)] a felony of the first degree if the total |
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| 40 | 40 | | value of the merchandise involved in the activity is $300,000 or |
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| 41 | 41 | | more. |
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| 42 | 42 | | (c) [(d)] An offense described for purposes of punishment |
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| 43 | 43 | | by Subsections (b)(1)-(5) [(c)(1)-(6)] is increased to the next |
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| 44 | 44 | | higher category of offense if it is shown on the trial of the |
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| 45 | 45 | | offense that: |
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| 46 | 46 | | (1) the person organized, supervised, financed, or |
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| 47 | 47 | | managed one or more other persons engaged in an activity described |
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| 48 | 48 | | by Subsection (a) [(b)]; or |
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| 49 | 49 | | (2) during the commission of the offense, a person |
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| 50 | 50 | | engaged in an activity described by Subsection (a) [(b)] |
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| 51 | 51 | | intentionally, knowingly, or recklessly: |
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| 52 | 52 | | (A) caused a fire exit alarm to sound or |
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| 53 | 53 | | otherwise become activated; |
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| 54 | 54 | | (B) deactivated or otherwise prevented a fire |
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| 55 | 55 | | exit alarm or retail theft detector from sounding; or |
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| 56 | 56 | | (C) used a shielding or deactivation instrument |
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| 57 | 57 | | to prevent or attempt to prevent detection of the offense by a |
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| 58 | 58 | | retail theft detector. |
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| 59 | 59 | | SECTION 2. The change in law made by this Act applies only |
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| 60 | 60 | | to an offense committed on or after the effective date of this Act. |
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| 61 | 61 | | An offense committed before the effective date of this Act is |
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| 62 | 62 | | governed by the law in effect on the date the offense was committed, |
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| 63 | 63 | | and the former law is continued in effect for that purpose. For |
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| 64 | 64 | | purposes of this section, an offense was committed before the |
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| 65 | 65 | | effective date of this Act if any element of the offense occurred |
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| 66 | 66 | | before that date. |
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| 67 | 67 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 68 | 68 | | ______________________________ ______________________________ |
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| 69 | 69 | | President of the Senate Speaker of the House |
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| 70 | 70 | | I certify that H.B. No. 4779 was passed by the House on May 5, |
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| 71 | 71 | | 2023, by the following vote: Yeas 106, Nays 35, 2 present, not |
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| 72 | 72 | | voting. |
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| 73 | 73 | | ______________________________ |
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| 74 | 74 | | Chief Clerk of the House |
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| 75 | 75 | | I certify that H.B. No. 4779 was passed by the Senate on May |
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| 76 | 76 | | 22, 2023, by the following vote: Yeas 29, Nays 2. |
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| 77 | 77 | | ______________________________ |
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| 78 | 78 | | Secretary of the Senate |
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| 79 | 79 | | APPROVED: _____________________ |
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| 80 | 80 | | Date |
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| 81 | 81 | | _____________________ |
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| 82 | 82 | | Governor |
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