By Nixon                                         H.B. No. 290

      75R533 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the punishment for the offense of theft committed by

 1-3     threat to commit a felony.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 31.03(e), Penal Code, is amended to read

 1-6     as follows:

 1-7           (e)  Except as provided by Subsection (f), an offense under

 1-8     this section is:

 1-9                 (1)  a Class C misdemeanor if the value of the property

1-10     stolen is less than:

1-11                       (A)  $50; or

1-12                       (B)  $20 and the defendant obtained the property

1-13     by issuing or passing a check or similar sight order in a manner

1-14     described by Section 31.06;

1-15                 (2)  a Class B misdemeanor if:

1-16                       (A)  the value of the property stolen is:

1-17                             (i)  $50 or more but less than $500; or

1-18                             (ii)  $20 or more but less than $500 and

1-19     the defendant obtained the property by issuing or passing a check

1-20     or similar sight order in a manner described by Section 31.06; or

1-21                       (B)  the value of the property stolen is less

1-22     than:

1-23                             (i)  $50 and the defendant has previously

1-24     been convicted of any grade of theft; or

 2-1                             (ii)  $20, the defendant has previously

 2-2     been convicted of any grade of theft, and the defendant obtained

 2-3     the property by issuing or passing a check or similar sight order

 2-4     in a manner described by Section 31.06;

 2-5                 (3)  a Class A misdemeanor if the value of the property

 2-6     stolen is $500 or more but less than $1,500;

 2-7                 (4)  a state jail felony if:

 2-8                       (A)  the value of the property stolen is $1,500

 2-9     or more but less than $20,000, or the property is less than 10 head

2-10     of cattle, horses, or exotic livestock or exotic fowl as defined by

2-11     Section 142.001, Agriculture Code, or any part thereof under the

2-12     value of $20,000, or less than 100 head of sheep, swine, or goats

2-13     or any part thereof under the value of $20,000;

2-14                       (B)  regardless of value, the property is stolen

2-15     from the person of another or from a human corpse or grave;

2-16                       (C)  the property stolen is a firearm, as defined

2-17     by Section 46.01; or

2-18                       (D)  the value of the property stolen is less

2-19     than $1,500 and the defendant has been previously convicted two or

2-20     more times of any grade of theft;

2-21                 (5)  a felony of the third degree if the value of the

2-22     property stolen is $20,000 or more but less than $100,000, or the

2-23     property is:

2-24                       (A)  10 or more head of cattle, horses, or exotic

2-25     livestock or exotic fowl as defined by Section 142.001, Agriculture

2-26     Code, stolen during a single transaction and having an aggregate

2-27     value of less than $100,000; or

 3-1                       (B)  100 or more head of sheep, swine, or goats

 3-2     stolen during a single transaction and having an aggregate value of

 3-3     less than $100,000;

 3-4                 (6)  a felony of the second degree if:

 3-5                       (A)  the value of the property stolen is $100,000

 3-6     or more but less than $200,000; or

 3-7                       (B)  the value of the property is less than

 3-8     $100,000 and the property was unlawfully appropriated or attempted

 3-9     to be unlawfully appropriated by threat to commit a felony offense

3-10     against the person or property of the person threatened or another

3-11     or to withhold information about the location or purported location

3-12     of a bomb, poison, or other harmful object that threatens to harm

3-13     the person or property of the person threatened or another person;

3-14     or

3-15                 (7)  a felony of the first degree if:

3-16                       (A)  the value of the property stolen is $200,000

3-17     or more; or

3-18                       (B)  the value of the property is $100,000 or

3-19     more and the property was unlawfully appropriated or attempted to

3-20     be unlawfully appropriated in the manner described by Subdivision

3-21     (6)(B).

3-22           SECTION 2.  (a)  The change in law made by this Act applies

3-23     only to an offense committed on or after the effective date of this

3-24     Act.  For purposes of this section, an offense is committed before

3-25     the effective date of this Act if any element of the offense occurs

3-26     before the effective date.

3-27           (b)  An offense committed before the effective date of this

 4-1     Act is covered by the law in effect when the offense was committed,

 4-2     and the former law is continued in effect for this purpose.

 4-3           SECTION 3.  This Act takes effect September 1, 1997.

 4-4           SECTION 4.  The importance of this legislation and the

 4-5     crowded condition of the calendars in both houses create an

 4-6     emergency and an imperative public necessity that the

 4-7     constitutional rule requiring bills to be read on three several

 4-8     days in each house be suspended, and this rule is hereby suspended.