89R4992 JRR-D
By: Campos H.B. No. 1572
A BILL TO BE ENTITLED
AN ACT
relating to mail theft and certain criminal offenses committed
against an employee or contractor of a common carrier or delivery
service delivering mail; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.01(b) and (d), Penal Code, are
amended to read as follows:
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if the offense is committed against:
(1) a person the actor knows is a public servant while
the public servant is lawfully discharging an official duty, or in
retaliation or on account of an exercise of official power or
performance of an official duty as a public servant;
(2) a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code, if:
(A) it is shown on the trial of the offense that
the defendant has been previously convicted of an offense that was
committed:
(i) against a person whose relationship to
or association with the defendant is described by Section
71.0021(b), 71.003, or 71.005, Family Code; and
(ii) under:
(a) this chapter, Chapter 19, or
Section 20.03, 20.04, 21.11, or 25.11;
(b) Section 25.07, if the applicable
violation was based on the commission of family violence as
described by Subsection (a)(1) of that section; or
(c) Section 25.072, if any of the
applicable violations were based on the commission of family
violence as described by Section 25.07(a)(1); or
(B) the offense is committed by intentionally,
knowingly, or recklessly impeding the normal breathing or
circulation of the blood of the person by applying pressure to the
person's throat or neck or by blocking the person's nose or mouth;
(3) a person who contracts with government to perform
a service in a facility described by Section 1.07(a)(14), Penal
Code, or Section 51.02(13) or (14), Family Code, or an employee of
that person:
(A) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor
knows the person or employee is authorized by government to provide
the service; or
(B) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract;
(4) a person the actor knows is a security officer
while the officer is performing a duty as a security officer;
(5) a person the actor knows is emergency services
personnel while the person is providing emergency services;
(6) a person the actor knows is a process server while
the person is performing a duty as a process server;
(7) a person the actor knows is an employee or
contractor of a common carrier or delivery service while the person
is performing a duty relating to the delivery of mail, as defined by
Section 31.20;
(8) a pregnant individual to force the individual to
have an abortion;
(9) [(8)] a person the actor knows is pregnant at the
time of the offense; or
(10) [(9)] a person the actor knows is hospital
personnel while the person is located on hospital property,
including all land and buildings owned or leased by the hospital.
(d) For purposes of Subsection (b), the actor is presumed to
have known the person assaulted was a public servant, a security
officer, [or] emergency services personnel, or an employee or
contractor of a common carrier or delivery service if the person was
wearing a distinctive uniform or badge indicating the person's
employment as a public servant or status as a security officer, [or]
emergency services personnel, or an employee or contractor of a
common carrier or delivery service.
SECTION 2. Sections 22.02(b) and (c), Penal Code, are
amended to read as follows:
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon during the
commission of the assault and causes:
(A) serious bodily injury to a person whose
relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code; or
(B) a traumatic brain or spine injury to another
that results in a persistent vegetative state or irreversible
paralysis;
(2) regardless of whether the offense is committed
under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the
servant's office or employment;
(B) against a person the actor knows is a public
servant while the public servant is lawfully discharging an
official duty, or in retaliation or on account of an exercise of
official power or performance of an official duty as a public
servant;
(C) in retaliation against or on account of the
service of another as a witness, prospective witness, informant, or
person who has reported the occurrence of a crime;
(D) against a person the actor knows is a process
server while the person is performing a duty as a process server;
[or]
(E) against a person the actor knows is a
security officer while the officer is performing a duty as a
security officer; or
(F) against a person the actor knows is an
employee or contractor of a common carrier or delivery service
while the person is performing a duty relating to the delivery of
mail, as defined by Section 31.20;
(3) the actor is in a motor vehicle, as defined by
Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the
direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation,
building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious
bodily injury to any person; or
(4) the actor commits the assault as part of a mass
shooting.
(c) The actor is presumed to have known the person assaulted
was a public servant, [or] a security officer, or an employee or
contractor of a common carrier or delivery service if the person was
wearing a distinctive uniform or badge indicating the person's
employment as a public servant or status as a security officer or an
employee or contractor of a common carrier or delivery service.
SECTION 3. Section 31.20, Penal Code, is amended by adding
Subsection (b-1) and amending Subsections (c), (d), and (e) to read
as follows:
(b-1) For purposes of Subsection (b), an actor in possession
of mail that, in the aggregate, is addressed to at least five
persons other than the actor is presumed to have engaged in conduct
constituting an offense under that subsection unless the actor
possesses the mail in the course of the person's duties as an
employee or contractor of a common carrier or delivery service.
(c) Except as provided by Subsections (d) and (e), an
offense under this section is:
(1) a state jail felony [Class A misdemeanor] if the
mail is appropriated from fewer than 10 addressees;
(2) a [state jail] felony of the third degree if the
mail is appropriated from at least 10 but fewer than 30 addressees;
or
(3) a felony of the second [third] degree if the mail
is appropriated from 30 or more addressees.
(d) If it is shown on the trial of an offense under this
section that the appropriated mail contained an item of identifying
information and the actor committed the offense with the intent to
facilitate an offense under Section 32.51, an offense under this
section is:
(1) [a state jail felony if the mail is appropriated
from fewer than 10 addressees;
[(2)] a felony of the third degree if the mail is
appropriated from [at least 10 but] fewer than 20 addressees;
(2) [(3)] a felony of the second degree if the mail is
appropriated from at least 20 but fewer than 50 addressees; or
(3) [(4)] a felony of the first degree if the mail is
appropriated from 50 or more addressees.
(e) An offense described for purposes of punishment by
Subsection (d)(1)[, (2),] or (2) [(3)] is increased to the next
higher category of offense if it is shown on the trial of the
offense that at the time of the offense the actor knew or had reason
to believe that an addressee from whom the actor appropriated mail
was a disabled individual or an elderly individual.
SECTION 4. The changes in law made by this Act apply 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 5. This Act takes effect September 1, 2025.