Texas 2025 - 89th Regular

Texas House Bill HB4414 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Alders H.B. No. 4414
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to certain criminal offenses involving mail or a mail
7	9		receptacle key or lock; creating a criminal offense; increasing a
8	10		criminal penalty.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 31.20(a), Penal Code, is amended by
11	13		amending Subdivision (3) and adding Subdivision (4) to read as
12	14		follows:
13	15		(3) "Mail" means a letter, postal card, package, bag,
14	16		or other sealed article that:
15	17		(A) is delivered by a common carrier or delivery
16	18		service and:
17	19		(i) is in transit; or
18	20		(ii) has been delivered but not yet
19	21		received by the addressee; or
20	22		(B) has been left to be collected for delivery by
21	23		a common carrier or delivery service.
22	24		(4) "Negotiable instrument" has the meaning assigned
23	25		by Section 3.104, Business & Commerce Code.
24	26		SECTION 2. Section 31.20, Penal Code, is amended by
25	27		amending Subsections (b) and (d) and adding Subsections (d-1) and
26	28		(e-1) to read as follows:
27	29		(b) A person commits an offense if the person intentionally
28	30		appropriates mail [from another person's mailbox or premises]
29	31		without the effective consent of the addressee and with the intent
30	32		to:
31	33		(1) deprive that addressee of the mail; or
32	34		(2) steal a negotiable instrument.
33	35		(d) If it is shown on the trial of an offense under
34	36		Subsection (b)(1) [this section] that the appropriated mail
35	37		contained an item of identifying information and the actor
36	38		committed the offense with the intent to facilitate an offense
37	39		under Section 32.51, the [an] offense [under this section] is:
38	40		(1) a state jail felony if the mail is appropriated
39	41		from fewer than 10 addressees;
40	42		(2) a felony of the third degree if the mail is
41	43		appropriated from at least 10 but fewer than 20 addressees;
42	44		(3) a felony of the second degree if the mail is
43	45		appropriated from at least 20 but fewer than 50 addressees; or
44	46		(4) a felony of the first degree if the mail is
45	47		appropriated from 50 or more addressees.
46	48		(d-1) If it is shown on the trial of an offense under
47	49		Subsection (b)(2) that the appropriated mail contained a negotiable
48	50		instrument and the actor committed the offense with the intent to
49	51		facilitate an offense under Chapter 32, the offense is:
50	52		(1) a state jail felony if five or fewer negotiable
51	53		instruments are appropriated;
52	54		(2) a felony of the third degree if more than 5 but
53	55		fewer than 10 negotiable instruments are appropriated;
54	56		(3) a felony of the second degree if at least 10 but
55	57		fewer than 50 negotiable instruments are appropriated; or
56	58		(4) a felony of the first degree if 50 or more
57	59		negotiable instruments are appropriated.
58	60		(e-1) An offense described for purposes of punishment by
59	61		Subsection (d-1)(1), (2), or (3) is increased to the next higher
60	62		category of offense if it is shown on the trial of the offense that
61	63		at the time of the offense the actor knew or had reason to believe
62	64		that an addressee from whom the actor appropriated a negotiable
63	65		instrument was a disabled individual or an elderly individual.
64	66		SECTION 3. Subchapter D, Chapter 32, Penal Code, is amended
65	67		by adding Section 32.56 to read as follows:
66	68		Sec. 32.56. UNLAWFUL CONDUCT INVOLVING MAIL RECEPTACLE KEY
67	69		OR LOCK. (a) In this section:
68	70		(1) "Mail" has the meaning assigned by Section 31.20.
69	71		(2) "Postal service" means:
70	72		(A) the United States Postal Service or a
71	73		contractor of the United States Postal Service; or
72	74		(B) any commercial courier that delivers mail.
73	75		(b) A person commits an offense if, with the intent to harm
74	76		or defraud another or to deprive another of that person's property,
75	77		the person obtains, possesses, duplicates, transfers, or uses a key
76	78		or lock adopted by a postal service for any box or other authorized
77	79		receptacle for the deposit or delivery of mail.
78	80		(c) An offense under this section is a felony of the third
79	81		degree, except that the offense is a felony of the second degree if
80	82		it is shown on the trial of the offense that the actor has been
81	83		previously convicted of an offense under this section.
82	84		SECTION 4. The changes in law made by this Act apply only to
83	85		an offense committed on or after the effective date of this Act. An
84	86		offense committed before the effective date of this Act is governed
85	87		by the law in effect on the date the offense was committed, and the
86	88		former law is continued in effect for that purpose. For purposes of
87	89		this section, an offense was committed before the effective date of
88	90		this Act if any element of the offense occurred before that date.
89	91		SECTION 5. This Act takes effect September 1, 2025.