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.