By: Ratliff S.B. No. 692
73R5921 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the effect of the value of property on the punishment
1-3 for certain offenses involving property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 28.03(b) and (f), Penal Code, are
1-6 amended to read as follows:
1-7 (b) Except as provided by Subsection (f), an offense under
1-8 this section is:
1-9 (1) a Class C misdemeanor if:
1-10 (A) the amount of pecuniary loss is less than
1-11 $100 <$20>; or
1-12 (B) except as provided in Subdivision (4)(B) of
1-13 this subsection, it causes substantial inconvenience to others;
1-14 (2) a Class B misdemeanor if the amount of pecuniary
1-15 loss is $100 <$20> or more but less than $200;
1-16 (3) a Class A misdemeanor if the amount of pecuniary
1-17 loss is $200 or more but less than $750;
1-18 (4) a felony of the third degree if:
1-19 (A) the amount of pecuniary loss is $750 or more
1-20 but less than $20,000;
1-21 (B) regardless of the amount of pecuniary loss,
1-22 the actor causes in whole or in part impairment or interruption of
1-23 public communications, public transportation, public water, gas, or
1-24 power supply, or other public service, or diverts, or causes to be
2-1 diverted in whole, in part, or in any manner, including
2-2 installation or removal of any device for such purpose, any public
2-3 communications, public water, gas, or power supply;
2-4 (C) regardless of the amount of pecuniary loss,
2-5 the property is one or more head of cattle, horses, sheep, swine,
2-6 or goats;
2-7 (D) regardless of the amount of pecuniary loss,
2-8 the property was a fence used for the production of cattle, horses,
2-9 sheep, swine, or goats; or
2-10 (E) regardless of the amount of pecuniary loss,
2-11 the damage or destruction was inflicted by branding one or more
2-12 head of cattle, horses, sheep, swine, or goats.
2-13 (5) a felony of the second degree if the amount of the
2-14 pecuniary loss is $20,000 or more.
2-15 (f) An offense under this section is:
2-16 (1) a felony of the third degree if the damage or
2-17 destruction is inflicted on a place of worship or a community
2-18 center that provides medical, social, or educational programs and
2-19 the amount of the pecuniary loss to real property or to tangible
2-20 personal property is $100 <$20> or more but less than $20,000; or
2-21 (2) a felony of the second degree if the damage or
2-22 destruction is inflicted on a place of worship or a community
2-23 center that provides medical, social, or educational programs and
2-24 the amount of the pecuniary loss to real property or to tangible
2-25 personal property is $20,000 or more.
2-26 SECTION 2. Section 28.07(e), Penal Code, is amended to read
2-27 as follows:
3-1 (e) An offense under Subsection (b)(2)(B), (b)(2)(C), or
3-2 (b)(2)(D) of this section is a Class C misdemeanor unless the
3-3 person causes pecuniary loss of $100 or more, in which event the
3-4 offense is:
3-5 (1) a Class B misdemeanor if the amount of pecuniary
3-6 loss is $100 <$20> or more but less than $200;
3-7 (2) a Class A misdemeanor if the amount of pecuniary
3-8 loss is $200 or more but less than $750;
3-9 (3) a felony of the third degree if the amount of
3-10 pecuniary loss is $750 or more but less than $20,000; or
3-11 (4) a felony of the second degree if the amount of the
3-12 pecuniary loss is $20,000 or more.
3-13 SECTION 3. Section 28.08(d), Penal Code, is amended to read
3-14 as follows:
3-15 (d) An offense under Subsection (b)(3), (4), or (5) of this
3-16 section is a Class C misdemeanor unless the person causes pecuniary
3-17 loss of $100 or more, in which event the offense is:
3-18 (1) a Class B misdemeanor if the amount of pecuniary
3-19 loss is $100 <$20> or more but less than $200;
3-20 (2) a Class A misdemeanor if the amount of pecuniary
3-21 loss is $200 or more but less than $750;
3-22 (3) a felony of the third degree if the amount of
3-23 pecuniary loss is $750 or more but less than $20,000; or
3-24 (4) a felony of the second degree if the amount of the
3-25 pecuniary loss is $20,000 or more.
3-26 SECTION 4. Section 31.03(e), Penal Code, is amended to read
3-27 as follows:
4-1 (e) Except as provided by Subsection (f) of this section, an
4-2 offense under this section is:
4-3 (1) a Class C misdemeanor if the value of the property
4-4 stolen is less than $100 <$20>;
4-5 (2) a Class B misdemeanor if:
4-6 (A) the value of the property stolen is $100
4-7 <$20> or more but less than $200; or
4-8 (B) the value of the property stolen is less
4-9 than $100 <$20> and the defendant has previously been convicted of
4-10 any grade of theft;
4-11 (3) a Class A misdemeanor if:
4-12 (A) the value of the property stolen is $200 or
4-13 more but less than $750; or
4-14 (B) the property stolen is one firearm, as
4-15 defined by Section 46.01 of this code, and is valued at less than
4-16 $400;
4-17 (4) a felony of the third degree if:
4-18 (A) the value of the property stolen is $750 or
4-19 more but less than $20,000, or the property is one or more head of
4-20 cattle, horses, sheep, swine, or goats or any part thereof under
4-21 the value of $20,000;
4-22 (B) regardless of value, the property is stolen
4-23 from the person of another or from a human corpse or grave;
4-24 (C) the property stolen is one firearm, as
4-25 defined by Section 46.01 of this code, and is valued at more than
4-26 $400;
4-27 (D) the property stolen is two or more firearms,
5-1 as defined by Section 46.01 of this code; or
5-2 (E) the value of the property stolen is less
5-3 than $750 and the defendant has been previously convicted two or
5-4 more times of any grade of theft;
5-5 (5) a felony of the second degree if:
5-6 (A) the value of the property stolen is less
5-7 than $100,000 and the property is:
5-8 (i) combustible hydrocarbon natural or
5-9 synthetic natural gas, or crude petroleum oil;
5-10 (ii) equipment designed for use in
5-11 exploration for or production of natural gas or crude petroleum
5-12 oil; or
5-13 (iii) equipment designed for use in
5-14 remedial or diagnostic operations on gas or crude petroleum oil
5-15 wells;
5-16 (B) the value of the property stolen is $20,000
5-17 or more but less than $100,000; or
5-18 (C) the value of the property is less than
5-19 $100,000 and the property was unlawfully appropriated or attempted
5-20 to be unlawfully appropriated by threat to commit a felony offense
5-21 against the person or property of the person threatened or another
5-22 or to withhold information about the location or purported location
5-23 of a bomb, poison, or other harmful object that threatens to harm
5-24 the person or property of the person threatened or another person;
5-25 or
5-26 (6) a felony of the first degree if:
5-27 (A) the value of the property stolen is $100,000
6-1 or more; or
6-2 (B) the value of the property is $100,000 or
6-3 more and the property was unlawfully appropriated or attempted to
6-4 be unlawfully appropriated in the manner described by Subdivision
6-5 (5)(C) of this subsection.
6-6 SECTION 5. Section 31.04(e), Penal Code, is amended to read
6-7 as follows:
6-8 (e) An offense under this section is:
6-9 (1) a Class C misdemeanor if the value of the service
6-10 stolen is less than $100 <$20>;
6-11 (2) a Class B misdemeanor if the value of the service
6-12 stolen is $100 <$20> or more but less than $200;
6-13 (3) a Class A misdemeanor if the value of the service
6-14 stolen is $200 or more but less than $750;
6-15 (4) a felony of the third degree if the value of the
6-16 service stolen is $750 or more but less than $20,000;
6-17 (5) a felony of the second degree if the value of the
6-18 service stolen is $20,000 or more.
6-19 SECTION 6. Section 39.01(c), Penal Code, is amended to read
6-20 as follows:
6-21 (c) An offense under Subsection (a)(2) of this section is:
6-22 (1) a Class C misdemeanor if the value of the use of
6-23 the thing misapplied is less than $100 <$20>;
6-24 (2) a Class B misdemeanor if the value of the use of
6-25 the thing misapplied is $100 <$20> or more but less than $200;
6-26 (3) a Class A misdemeanor if the value of the use of
6-27 the thing misapplied is $200 or more but less than $750;
7-1 (4) a felony of the third degree if the value of the
7-2 use of the thing misapplied is $750 or more but less than $20,000;
7-3 and
7-4 (5) a felony of the second degree if the value of the
7-5 use of the thing misapplied is $20,000 or more.
7-6 SECTION 7. (a) The change in law made by this Act applies
7-7 only to an offense committed on or after the effective date of this
7-8 Act. For purposes of this section, an offense is committed before
7-9 the effective date of this Act if any element of the offense occurs
7-10 before the effective date.
7-11 (b) An offense committed before the effective date of this
7-12 Act is covered by the law in effect when the offense was committed,
7-13 and the former law is continued in effect for that purpose.
7-14 SECTION 8. This Act takes effect September 1, 1993.
7-15 SECTION 9. The importance of this legislation and the
7-16 crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended.