BILL ANALYSIS H.B. 431 By: Jackson 3-6-95 Committee Report (Unamended) BACKGROUND Current law does not allow a shoplifter to be charged with an offense until he is outside of the business or the establishment. Because of this, merchants may find it difficult to apprehend shoplifters while still inside the place of business and recover stolen goods or property. PURPOSE If enacted, H.B. 431 would create a chargeable offense for shoplifting when the offender is caught with concealed merchandise prior to leaving the premises. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31.03, Penal Code, by adding a new Subsection (d) and relettering and amending existing Subsections (d)-(f) as Subsections (e)-(g) as follows: (d) States that a person's intent to deprive an owner of property may be shown by evidence that the person concealed or attempted to conceal the property. SECTION 2. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION H.B. 431 was considered in a public hearing on March 6, 1995. The following person testified in favor of the bill: James Kite, representing the Pasadena Chamber of Commerce. The following person testified on the bill: Sherry Wallace, representing John Vance, Criminal District Attorney, Dallas County. On March 6, 1995, H.B. 431 was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.