Texas House Bill HB3167

Texas 2025 - 89th Regular

• Filed: 2/21/25

Caption

Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.

Impact

The implications of HB 3167 are substantial for both law enforcement and the retail industry. By providing prosecutors with more robust tools to charge offenders, the bill could lead to increased convictions and potentially lower incidences of organized theft. Additionally, it influences the operational strategies of retailers and law enforcement agencies, as they may need to adapt their security and investigative measures in response to new reporting and prosecutorial standards. The changes aim to expedite the judicial process by simplifying indictments in theft cases, wherein fewer specifics about stolen items need to be outlined, potentially reducing the burden on prosecutors.

Summary

House Bill 3167 focuses on enhancing the prosecution and penalties associated with organized retail theft. The bill aims to provide a clearer judicial framework for the prosecution of such offenses by modifying existing definitions and penalties related to retail theft within the Texas Penal Code. Notably, it proposes to increase penalties significantly based on the value of the stolen merchandise, categorizing offenses into distinct classes based on value thresholds that range from misdemeanors to first-degree felonies. This simplification and escalation of penalties are intended to deter organized theft activities targeting retailers across the state.

Contention

However, the bill has not been without contention. Critics of HB 3167 argue that while the intention to curb organized retail theft is commendable, increased penalties might disproportionately affect those who may not be the primary organizers of these thefts. The bill's defined thresholds for penalties also raise concerns about fairness and equity in sentencing, especially if minor players in retail theft schemes receive penalties proportional to the higher-tier organizers. There are fears that without proper checks, such legislative measures could lead to unjust outcomes in the criminal justice system, reflecting a broader debate on how to appropriately balance punitive measures with rehabilitative justice.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 21. Indictment And Information
  • Section: New Section

• Chapter 38. Evidence In Criminal Actions
  • Section: New Section

Penal Code

• Chapter 31. Theft
  • Section: New Section
  • Section: 16