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.