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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the criminal offense of organized |
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retail theft. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.16, Penal Code, is amended to read as |
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follows: |
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Sec. 31.16. ORGANIZED RETAIL THEFT. (a) [(b)] A person |
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commits an offense if, with the intent to support, facilitate, or |
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engage in the acquisition of stolen retail merchandise and the |
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redistribution of that merchandise into the supply chain, the |
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person [intentionally] conducts, promotes, or facilitates an |
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activity in which the person receives, possesses, conceals, stores, |
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barters, sells, or disposes of a total value of not less than $100 |
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of: |
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(1) stolen retail merchandise; or |
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(2) merchandise explicitly represented to the person |
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as being stolen retail merchandise. |
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(b) [(c)] An offense under this section is: |
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(1) [a Class C misdemeanor if the total value of the |
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merchandise involved in the activity is less than $100; |
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[(2)] a Class B misdemeanor if the total value of the |
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merchandise involved in the activity is $100 or more but less than |
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$750; |
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(2) [(3)] a Class A misdemeanor if the total value of |
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the merchandise involved in the activity is $750 or more but less |
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than $2,500; |
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(3) [(4)] a state jail felony if the total value of the |
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merchandise involved in the activity is $2,500 or more but less than |
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$30,000; |
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(4) [(5)] a felony of the third degree if the total |
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value of the merchandise involved in the activity is $30,000 or more |
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but less than $150,000; |
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(5) [(6)] a felony of the second degree if the total |
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value of the merchandise involved in the activity is $150,000 or |
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more but less than $300,000; or |
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(6) [(7)] a felony of the first degree if the total |
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value of the merchandise involved in the activity is $300,000 or |
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more. |
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(c) [(d)] An offense described for purposes of punishment |
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by Subsections (b)(1)-(5) [(c)(1)-(6)] is increased to the next |
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higher category of offense if it is shown on the trial of the |
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offense that: |
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(1) the person organized, supervised, financed, or |
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managed one or more other persons engaged in an activity described |
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by Subsection (a) [(b)]; or |
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(2) during the commission of the offense, a person |
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engaged in an activity described by Subsection (a) [(b)] |
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intentionally, knowingly, or recklessly: |
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(A) caused a fire exit alarm to sound or |
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otherwise become activated; |
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(B) deactivated or otherwise prevented a fire |
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exit alarm or retail theft detector from sounding; or |
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(C) used a shielding or deactivation instrument |
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to prevent or attempt to prevent detection of the offense by a |
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retail theft detector. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |