AEZ C.S.H.B. 237 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 237 By: Goolsby 4-2-97 Committee Report (Substituted) BACKGROUND Currently, failing to return library materials is not considered theft since library property is taken with the owners permission free of charge. Library material theft is not covered in the Theft of Service section of the Penal Code (Section 31.04) which does cover similar acts such as video rental theft. At this time, the only remedy in state law for retrieving stolen library materials is initiating a civil suit in small claims court. PURPOSE CSHB 237, as proposed will provide publicly funded libraries in Texas the necessary legal remedy to better facilitate the recovery of library materials or proper compensation. by adding FAILURE TO RETURN PUBLIC LIBRARY PROPERTY TO to Chapter 31 THEFT, Penal Code. 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 Chapter 31.04, Penal Code, Theft of Service, by adding section 31.04 as follows: A person who knows that the property borrowed from a public library is subject to a written borrowing agreement and knowingly holds the property beyond the expiration of the borrowing period without the consent of the library. Intent to avoid payment is presumed if the person intentionally holds property beyond the borrowing period without the consent of the public library and fails to return the property before the 10th day after the date notification from the library is received. An offense under this section is a Class C misdemeanor if the value of the property stolen is less than $500. In this section "public library" has the meaning assigned by Sec. 441.122, Government Code. SECTION 2.The change in law made by this act applies only to an offense committed on or after the effective date of this act. An offense committed before the effective date of this act is covered by the law in effect when the offense was committed. SECTION 3: Effective Date: September 1, 1997. SECTION 4:Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill added Section 31.014 to Chapter 31 of the Penal Code. The substituted amends Section 31.04, Penal Code. The original bill stated that an offense would be a Class C misdemeanor, the substitute also made it a Class C misdemeanor if the value of the property stolen is less than $500.