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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for theft of a |
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catalytic converter; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Deputy Darren |
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Almendarez Act. |
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SECTION 2. Section 31.03, Penal Code, is amended by |
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amending Subsections (c) and (e) and adding Subsection (f-1) to |
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read as follows: |
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(c) For purposes of Subsection (b): |
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(1) evidence that the actor has previously |
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participated in recent transactions other than, but similar to, the |
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transaction for [that] which the prosecution is based is admissible |
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for the purpose of showing knowledge or intent and the issues of |
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knowledge or intent are raised by the actor's plea of not guilty; |
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(2) the testimony of an accomplice shall be |
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corroborated by proof that tends to connect the actor to the crime, |
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but the actor's knowledge or intent may be established by the |
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uncorroborated testimony of the accomplice; |
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(3) an actor engaged in the business of buying and |
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selling used or secondhand personal property, or lending money on |
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the security of personal property deposited with the actor, is |
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presumed to know upon receipt by the actor of stolen property (other |
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than a motor vehicle subject to Chapter 501, Transportation Code) |
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that the property has been previously stolen from another if the |
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actor pays for or loans against the property $25 or more (or |
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consideration of equivalent value) and the actor knowingly or |
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recklessly: |
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(A) fails to record the name, address, and |
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physical description or identification number of the seller or |
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pledgor; |
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(B) fails to record a complete description of the |
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property, including the serial number, if reasonably available, or |
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other identifying characteristics; or |
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(C) fails to obtain a signed warranty from the |
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seller or pledgor that the seller or pledgor has the right to |
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possess the property. It is the express intent of this provision |
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that the presumption arises unless the actor complies with each of |
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the numbered requirements; |
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(4) for the purposes of Subdivision (3)(A), |
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"identification number" means driver's license number, military |
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identification number, identification certificate, or other |
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official number capable of identifying an individual; |
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(5) stolen property does not lose its character as |
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stolen when recovered by any law enforcement agency; |
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(6) an actor engaged in the business of obtaining |
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abandoned or wrecked motor vehicles or parts of an abandoned or |
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wrecked motor vehicle for resale, disposal, scrap, repair, |
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rebuilding, demolition, or other form of salvage is presumed to |
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know on receipt by the actor of stolen property that the property |
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has been previously stolen from another if the actor knowingly or |
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recklessly: |
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(A) fails to maintain an accurate and legible |
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inventory of each motor vehicle component part purchased by or |
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delivered to the actor, including the date of purchase or delivery, |
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the name, age, address, sex, and driver's license number of the |
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seller or person making the delivery, the license plate number of |
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the motor vehicle in which the part was delivered, a complete |
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description of the part, and the vehicle identification number of |
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the motor vehicle from which the part was removed, or in lieu of |
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maintaining an inventory, fails to record the name and certificate |
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of inventory number of the person who dismantled the motor vehicle |
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from which the part was obtained; |
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(B) fails on receipt of a motor vehicle to obtain |
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a certificate of authority, sales receipt, or transfer document as |
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required by Chapter 683, Transportation Code, or a certificate of |
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title showing that the motor vehicle is not subject to a lien or |
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that all recorded liens on the motor vehicle have been released; or |
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(C) fails on receipt of a motor vehicle to |
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immediately remove an unexpired license plate from the motor |
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vehicle, to keep the plate in a secure and locked place, or to |
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maintain an inventory, on forms provided by the Texas Department of |
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Motor Vehicles, of license plates kept under this paragraph, |
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including for each plate or set of plates the license plate number |
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and the make, motor number, and vehicle identification number of |
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the motor vehicle from which the plate was removed; |
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(7) an actor who purchases or receives a used or |
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secondhand motor vehicle is presumed to know on receipt by the actor |
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of the motor vehicle that the motor vehicle has been previously |
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stolen from another if the actor knowingly or recklessly: |
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(A) fails to report to the Texas Department of |
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Motor Vehicles the failure of the person who sold or delivered the |
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motor vehicle to the actor to deliver to the actor a properly |
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executed certificate of title to the motor vehicle at the time the |
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motor vehicle was delivered; or |
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(B) fails to file with the appropriate county tax |
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assessor-collector the documents required under Section 501.145, |
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Transportation Code, in the period provided by that section [of the |
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county in which the actor received the motor vehicle, not later than |
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the 20th day after the date the actor received the motor vehicle, |
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the registration license receipt and certificate of title or |
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evidence of title delivered to the actor in accordance with |
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Subchapter D, Chapter 520, Transportation Code, at the time the |
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motor vehicle was delivered]; |
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(8) an actor who purchases or receives from any source |
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other than a licensed retailer or distributor of pesticides a |
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restricted-use pesticide or a state-limited-use pesticide or a |
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compound, mixture, or preparation containing a restricted-use or |
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state-limited-use pesticide is presumed to know on receipt by the |
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actor of the pesticide or compound, mixture, or preparation that |
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the pesticide or compound, mixture, or preparation has been |
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previously stolen from another if the actor: |
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(A) fails to record the name, address, and |
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physical description of the seller or pledgor; |
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(B) fails to record a complete description of the |
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amount and type of pesticide or compound, mixture, or preparation |
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purchased or received; and |
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(C) fails to obtain a signed warranty from the |
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seller or pledgor that the seller or pledgor has the right to |
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possess the property; [and] |
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(9) an actor who is subject to Section 409, Packers and |
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Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from |
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a commission merchant by representing that the actor will make |
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prompt payment is presumed to have induced the commission |
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merchant's consent by deception if the actor fails to make full |
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payment in accordance with Section 409, Packers and Stockyards Act |
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(7 U.S.C. Section 228b); and |
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(10) an actor in possession of property consisting of |
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two or more catalytic converters that have been removed from two or |
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more motor vehicles is presumed to have unlawfully appropriated the |
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property unless the actor: |
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(A) is the owner of each vehicle from which the |
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catalytic converters were removed; |
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(B) possessed the catalytic converters in the |
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ordinary course of engaging in a business that is required to be |
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licensed or registered, or is otherwise regulated, by this state or |
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a political subdivision of this state, including: |
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(i) an automotive wrecking and salvage |
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yard, as defined by Section 234.001, Local Government Code; |
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(ii) a metal recycling entity registered |
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under Chapter 1956, Occupations Code; |
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(iii) a dealer licensed under Chapter 2301, |
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Occupations Code; or |
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(iv) a garage or shop that is engaged in the |
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business of repairing motor vehicles and subject to Chapter 2305, |
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Occupations Code; or |
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(C) is an employee or agent of a person described |
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by Paragraph (B) and the actor possessed the catalytic converters |
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while performing a duty within the scope of that employment or |
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agency. |
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(e) Except as provided by Subsections [Subsection] (f) and |
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(f-1), an offense under 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 $100; |
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(2) a Class B misdemeanor if: |
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(A) the value of the property stolen is $100 or |
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more but less than $750; |
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(B) the value of the property stolen is less than |
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$100 and the defendant has previously been convicted of any grade of |
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theft; 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 $750 or more but less than $2,500; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $2,500 or |
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more but less than $30,000, or the property is less than 10 head of |
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sheep, swine, or goats or any part thereof under the value of |
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$30,000; |
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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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$2,500 and the defendant has been previously convicted two or more |
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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; or |
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(G) the value of the property stolen is less than |
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$30,000 and the property stolen is a catalytic converter; |
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(5) a felony of the third degree if the value of the |
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property stolen is $30,000 or more but less than $150,000, 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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$150,000; |
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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 $150,000; or |
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(C) a controlled substance, having a value of |
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less than $150,000, if stolen from: |
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(i) a commercial building in which a |
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controlled substance is generally stored, including a pharmacy, |
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clinic, hospital, nursing facility, or warehouse; or |
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(ii) a vehicle owned or operated by a |
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wholesale distributor of prescription drugs; |
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(6) a felony of the second degree if: |
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(A) the value of the property stolen is $150,000 |
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or more but less than $300,000; or |
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(B) the value of the property stolen is less than |
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$300,000 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 $300,000 or more. |
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(f-1) An offense described for purposes of punishment by |
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Subsections (e)(4)-(6) is increased to the next higher category of |
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offense if it is shown on the trial of the offense that: |
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(1) the property stolen is a catalytic converter; and |
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(2) the actor possessed a firearm during the |
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commission of the offense. |
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SECTION 3. Section 31.03(h), Penal Code, is amended by |
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adding Subdivisions (7) and (8) to read as follows: |
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(7) "Catalytic converter" includes any material |
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removed from a catalytic converter. |
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(8) "Firearm" has the meaning assigned by Section |
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46.01. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2023. |