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A BILL TO BE ENTITLED
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AN ACT
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relating to the classification of certain misdemeanor and felony |
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theft offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.03(e), Penal Code, is amended to read |
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as follows: |
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(e) Except as provided by Subsection (f), an offense under |
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this section is: |
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(1) a Class C misdemeanor if the value of the property |
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stolen is less than: |
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(A) $100 [$50]; or |
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(B) $20 and the defendant obtained the property |
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by issuing or passing a check or similar sight order in a manner |
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described by Section 31.06; |
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(2) a Class B misdemeanor if: |
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(A) the value of the property stolen is: |
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(i) $100 [$50] or more but less than $1,000 |
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[$500]; or |
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(ii) $20 or more but less than $1,000 [$500] |
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and the defendant obtained the property by issuing or passing a |
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check or similar sight order in a manner described by Section 31.06; |
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(B) the value of the property stolen is less |
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than: |
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(i) $100 [$50] and the defendant has |
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previously been convicted of any grade of theft; or |
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(ii) $20, the defendant has previously been |
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convicted of any grade of theft, and the defendant obtained the |
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property by issuing or passing a check or similar sight order in a |
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manner described by Section 31.06; or |
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(C) the property stolen is a driver's license, |
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commercial driver's license, or personal identification |
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certificate issued by this state or another state; |
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(3) a Class A misdemeanor if the value of the property |
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stolen is $1,000 [$500] or more but less than $3,000 [$1,500]; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $3,000 |
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[$1,500] or more but less than $20,000, or the property is less than |
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10 head of sheep, swine, or goats or any part thereof under the |
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value of $20,000; |
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(B) regardless of value, the property is stolen |
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from the person of another or from a human corpse or grave, |
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including property that is a military grave marker; |
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(C) the property stolen is a firearm, as defined |
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by Section 46.01; |
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(D) the value of the property stolen is less than |
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$3,000 [$1,500] and the defendant has been previously convicted two |
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or more times of any grade of theft; |
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(E) the property stolen is an official ballot or |
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official carrier envelope for an election; or |
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(F) the value of the property stolen is less than |
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$20,000 and the property stolen is: |
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(i) aluminum; |
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(ii) bronze; |
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(iii) copper; or |
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(iv) brass; |
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(5) a felony of the third degree if the value of the |
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property stolen is $20,000 or more but less than $100,000, or the |
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property is: |
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(A) cattle, horses, or exotic livestock or exotic |
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fowl as defined by Section 142.001, Agriculture Code, stolen during |
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a single transaction and having an aggregate value of less than |
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$100,000; or |
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(B) 10 or more head of sheep, swine, or goats |
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stolen during a single transaction and having an aggregate value of |
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less than $100,000; |
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(6) a felony of the second degree if: |
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(A) the value of the property stolen is $100,000 |
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or more but less than $200,000; or |
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(B) the value of the property stolen is less than |
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$200,000 and the property stolen is an automated teller machine or |
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the contents or components of an automated teller machine; or |
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(7) a felony of the first degree if the value of the |
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property stolen is $200,000 or more. |
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SECTION 2. Section 31.08(c), Penal Code, is amended to read |
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as follows: |
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(c) If property or service has value that cannot be |
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reasonably ascertained by the criteria set forth in Subsections (a) |
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and (b), the property or service is deemed to have a value of, as |
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applicable: |
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(1) $500 or more but less than $1,500; or |
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(2) $1,000 or more but less than $3,000, if the actor |
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is charged with an offense under Section 31.03. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |