Texas 2025 - 89th Regular

Texas Senate Bill SB1300 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Flores, et al. S.B. No. 1300
	2	+	(In the Senate - Filed February 14, 2025; February 28, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 13, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; March 13, 2025, sent to printer.)
	6	+	Click here to see the committee vote
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the prosecution and punishment of the criminal offense
9	14		of organized retail theft; increasing criminal penalties.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Chapter 21, Code of Criminal Procedure, is
12	17		amended by adding Article 21.155 to read as follows:
13	18		Art. 21.155. ORGANIZED RETAIL THEFT. (a) In this article,
14	19		"merchant" has the meaning assigned by Section 31.01, Penal Code.
15	20		(b) Notwithstanding Article 21.09, an indictment or
16	21		information in the prosecution of an offense under Section 31.16,
17	22		Penal Code, shall not be held insufficient for failure to name or
18	23		describe each item of property stolen. It shall be sufficient to
19	24		name the merchant and, if the offense level is based on a value of
20	25		the property stolen, the aggregate value range of the stolen
21	26		property applicable to the offense being alleged.
22	27		SECTION 2. Chapter 38, Code of Criminal Procedure, is
23	28		amended by adding Article 38.51 to read as follows:
24	29		Art. 38.51. EVIDENCE IN PROSECUTION FOR ORGANIZED RETAIL
25	30		THEFT. (a) In this article, "merchant" and "retail merchandise"
26	31		have the meanings assigned by Section 31.01, Penal Code.
27	32		(b) In the prosecution of an offense under Section 31.16,
28	33		Penal Code:
29	34		(1) if issues of intent, knowledge, and whether the
30	35		defendant was acting in concert with one or more other persons are
31	36		raised by the defendant's plea of not guilty, evidence that the
32	37		defendant has participated in any theft offense, other than a theft
33	38		offense that forms the basis of the offense under Section 31.16,
34	39		Penal Code, on which the prosecution is based, is admissible:
35	40		(A) for the purpose of showing intent or
36	41		knowledge; or
37	42		(B) as evidence that the defendant was acting in
38	43		concert with one or more other persons;
39	44		(2) the unaltered price tag or other marking on retail
40	45		merchandise identifying the price of the retail merchandise is
41	46		prima facie evidence of the value of the retail merchandise for
42	47		purposes of Section 31.08(a-1), Penal Code; and
43	48		(3) a price tag or other marking described by
44	49		Subdivision (2) that identifies or is unique to a merchant is prima
45	50		facie evidence of the merchant's ownership of the retail
46	51		merchandise.
47	52		SECTION 3. Section 31.01, Penal Code, is amended by
48	53		amending Subdivision (11) and adding Subdivision (15) to read as
49	54		follows:
50	55		(11) "Retail merchandise" means one or more items of
51	56		tangible personal property displayed, held, stored, or offered for
52	57		sale by a merchant [in a retail establishment]. The term includes a
53	58		gift card.
54	59		(15) "Merchant" means any business that sells items to
55	60		the public.
56	61		SECTION 4. Section 31.08, Penal Code, is amended by
57	62		amending Subsections (a), (c), and (d) and adding Subsection (a-1)
58	63		to read as follows:
59	64		(a) Subject to the additional criteria of Subsections
60	65		(a-1), (b), and (c), value under this chapter is:
61	66		(1) the fair market value of the property or service at
62	67		the time and place of the offense; or
63	68		(2) if the fair market value of the property cannot be
64	69		ascertained, the cost of replacing the property within a reasonable
65	70		time after the theft.
66	71		(a-1) In the prosecution of an offense under Section 31.16
67	72		involving retail merchandise stolen from a merchant, the value of
68	73		the stolen retail merchandise is:
69	74		(1) the sales price of the retail merchandise as
70	75		stated, posted, or advertised by the merchant, including applicable
71	76		sales tax, at the time of the offense; or
72	77		(2) the rental price of the retail merchandise as
73	78		stated, posted, or advertised by the merchant, including applicable
74	79		sales tax, at the time of the offense plus the cost of replacing the
75	80		retail merchandise within a reasonable time after the offense.
76	81		(c) If property or service has value that cannot be
77	82		reasonably ascertained by the criteria set forth in Subsections
78	83		(a), (a-1), and (b), the property or service is deemed to have a
79	84		value of $750 or more but less than $2,500.
80	85		(d) If the actor proves by a preponderance of the evidence
81	86		that the actor [he] gave consideration for or had a legal interest
82	87		in the property or service stolen, the amount of the consideration
83	88		or the value of the interest so proven shall be deducted from the
84	89		value of the property or service ascertained under Subsection (a),
85	90		(a-1), (b), or (c) to determine value for purposes of this chapter.
86	91		SECTION 5. Section 31.16, Penal Code, is amended to read as
87	92		follows:
88	93		Sec. 31.16. ORGANIZED RETAIL THEFT. (a) [(b)] A person
89	94		commits an offense if the person:
90	95		(1) acting in concert with one or more other persons,
91	96		unlawfully appropriates retail merchandise, money, or other
92	97		property from a merchant with the intent to deprive the merchant of
93	98		the property;
94	99		(2) on two or more occasions within a 180-day period,
95	100		unlawfully appropriates retail merchandise, money, or other
96	101		property from a merchant with the intent to deprive the merchant of
97	102		the property;
98	103		(3) knowingly obtains a benefit from conduct
99	104		constituting an offense under Subdivision (1) or (2) that was
100	105		committed by another person; or
101	106		(4) knowingly acts in concert with one or more other
102	107		persons to overwhelm the security response of a merchant or a peace
103	108		officer for the purpose of committing an offense under Subdivision
104	109		(1) or (2) or avoiding detection or apprehension for the offense
105	110		[intentionally conducts, promotes, or facilitates an activity in
106	111		which the person receives, possesses, conceals, stores, barters,
107	112		sells, or disposes of:
108	113		[(1) stolen retail merchandise; or
109	114		[(2) merchandise explicitly represented to the person
110	115		as being stolen retail merchandise].
111	116		(b) In the prosecution of an offense under this section:
112	117		(1) Sections 31.03(b) and (c) apply to the offense for
113	118		purposes of determining whether property was unlawfully
114	119		appropriated from a merchant; and
115	120		(2) a person is presumed to have acted with the intent
116	121		to deprive a merchant of retail merchandise if the person:
117	122		(A) altered or removed a label, universal product
118	123		code, price tag, or retail theft detector for retail merchandise;
119	124		or
120	125		(B) transferred retail merchandise from the
121	126		merchandise's packaging into other packaging.
122	127		(c) It is not a defense to prosecution under this section
123	128		that:
124	129		(1) a person who acted in concert with the actor has
125	130		not been charged, convicted, apprehended, or identified;
126	131		(2) the offense occurred as a result of a deception or
127	132		strategy on the part of a law enforcement agency, including the use
128	133		of an undercover operative or peace officer;
129	134		(3) the actor was provided by a law enforcement agency
130	135		with a facility in which to commit the offense or an opportunity to
131	136		engage in conduct constituting the offense; or
132	137		(4) the actor was solicited to commit the offense by a
133	138		peace officer, and the solicitation was of a type that would
134	139		encourage a person predisposed to commit the offense to actually
135	140		commit the offense but would not encourage a person not predisposed
136	141		to commit the offense to actually commit the offense.
137	142		(d) An offense under this section is:
138	143		(1) a Class B [C] misdemeanor if the total value of the
139	144		property [merchandise] involved in the offense [activity] is less
140	145		than $100;
141	146		(2) a Class A [B] misdemeanor if the total value of the
142	147		property [merchandise] involved in the offense [activity] is $100
143	148		or more but less than $750;
144	149		(3) a state jail felony [Class A misdemeanor] if the
145	150		total value of the property [merchandise] involved in the offense
146	151		[activity] is $750 or more but less than $2,500;
147	152		(4) a [state jail] felony of the third degree if the
148	153		total value of the property [merchandise] involved in the offense
149	154		[activity] is $2,500 or more but less than $30,000;
150	155		(5) a felony of the second [third] degree if the total
151	156		value of the property [merchandise] involved in the offense
152	157		[activity] is $30,000 or more but less than $150,000;
153	158		(6) a felony of the first [second] degree if the total
154	159		value of the property [merchandise] involved in the offense
155	160		[activity] is $150,000 or more but less than $300,000; or
156	161		(7) a felony of the first degree punishable by
157	162		imprisonment in the Texas Department of Criminal Justice for life
158	163		or for any term of not more than 99 years or less than 15 years, and
159	164		a fine not to exceed $250,000, if the total value of the property
160	165		[merchandise] involved in the offense [activity] is $300,000 or
161	166		more.
162	167		(e) For purposes of enhancement of penalties under
163	168		Subchapter D, Chapter 12, a person is considered to have been
164	169		convicted of an offense under this section if the person was
165	170		adjudged guilty of the offense or entered a plea of guilty or nolo
166	171		contendere in return for a grant of deferred adjudication community
167	172		supervision, regardless of whether the sentence for the offense was
168	173		ever imposed or whether the sentence was probated and the person was
169	174		subsequently discharged from community supervision
170	175		[(d) An offense described for purposes of punishment by
171	176		Subsections (c)(1)-(6) is increased to the next higher category of
172	177		offense if it is shown on the trial of the offense that:
173	178		[(1) the person organized, supervised, financed, or
174	179		managed one or more other persons engaged in an activity described
175	180		by Subsection (b); or
176	181		[(2) during the commission of the offense, a person
177	182		engaged in an activity described by Subsection (b) intentionally,
178	183		knowingly, or recklessly:
179	184		[(A) caused a fire exit alarm to sound or
180	185		otherwise become activated;
181	186		[(B) deactivated or otherwise prevented a fire
182	187		exit alarm or retail theft detector from sounding; or
183	188		[(C) used a shielding or deactivation instrument
184	189		to prevent or attempt to prevent detection of the offense by a
185	190		retail theft detector].
186	191		SECTION 6. The changes in law made by this Act apply only to
187	192		an offense committed on or after the effective date of this Act. An
188	193		offense committed before the effective date of this Act is governed
189	194		by the law in effect on the date the offense was committed, and the
190	195		former law is continued in effect for that purpose. For purposes of
191	196		this section, an offense was committed before the effective date of
192	197		this Act if any element of the offense occurred before that date.
193	198		SECTION 7. This Act takes effect September 1, 2025.
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