By Hochberg H.B. No. 361
75R332 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to presumptions in the prosecution of the offense of
1-3 theft.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.03(c), Penal Code, is amended to read
1-6 as follows:
1-7 (c) For purposes of Subsection (b):
1-8 (1) evidence that the actor has previously
1-9 participated in recent transactions other than, but similar to,
1-10 that which the prosecution is based is admissible for the purpose
1-11 of showing knowledge or intent and the issues of knowledge or
1-12 intent are raised by the actor's plea of not guilty;
1-13 (2) the testimony of an accomplice shall be
1-14 corroborated by proof that tends to connect the actor to the crime,
1-15 but the actor's knowledge or intent may be established by the
1-16 uncorroborated testimony of the accomplice;
1-17 (3) an actor engaged in the business of buying and
1-18 selling used or secondhand personal property, or lending money on
1-19 the security of personal property deposited with him, is presumed
1-20 to know upon receipt by the actor of stolen property (other than a
1-21 motor vehicle subject to Chapter 501, Transportation Code [Article
1-22 6687-1, Vernon's Texas Civil Statutes]) that the property has been
1-23 previously stolen from another if the actor pays for or loans
1-24 against the property $25 or more (or consideration of equivalent
2-1 value) and the actor knowingly or recklessly:
2-2 (A) fails to record the name, address, and
2-3 physical description or identification number of the seller or
2-4 pledgor;
2-5 (B) fails to record a complete description of
2-6 the property, including the serial number, if reasonably available,
2-7 or other identifying characteristics; [or]
2-8 (C) fails to:
2-9 (i) photograph or videotape the seller or
2-10 pledgor and maintain the original or a copy of the photograph or
2-11 videotape; or
2-12 (ii) obtain and legibly record the
2-13 seller's or pledgor's thumbprint; or
2-14 (D) fails to obtain a signed warranty from the
2-15 seller or pledgor that the seller or pledgor has the right to
2-16 possess the property. It is the express intent of this provision
2-17 that the presumption arises unless the actor complies with each of
2-18 the numbered requirements;
2-19 (4) for the purposes of Subdivision (3)(A),
2-20 "identification number" means driver's license number, military
2-21 identification number, identification certificate, or other
2-22 official number capable of identifying an individual;
2-23 (5) stolen property does not lose its character as
2-24 stolen when recovered by any law enforcement agency;
2-25 (6) an actor engaged in the business of obtaining
2-26 abandoned or wrecked motor vehicles or parts of an abandoned or
2-27 wrecked motor vehicle for resale, disposal, scrap, repair,
3-1 rebuilding, demolition, or other form of salvage is presumed to
3-2 know on receipt by the actor of stolen property that the property
3-3 has been previously stolen from another if the actor knowingly or
3-4 recklessly:
3-5 (A) fails to maintain an accurate and legible
3-6 inventory of each motor vehicle component part purchased by or
3-7 delivered to the actor, including the date of purchase or delivery,
3-8 the name, age, address, sex, and driver's license number of the
3-9 seller or person making the delivery, the license plate number of
3-10 the motor vehicle in which the part was delivered, a complete
3-11 description of the part, and the vehicle identification number of
3-12 the motor vehicle from which the part was removed, or in lieu of
3-13 maintaining an inventory, fails to record the name and certificate
3-14 of inventory number of the person who dismantled the motor vehicle
3-15 from which the part was obtained;
3-16 (B) fails on receipt of a motor vehicle to
3-17 obtain a certificate of authority, sales receipt, or transfer
3-18 document as required by Chapter 683, Transportation Code [Article
3-19 V, Section 1, Chapter 741, Acts of the 67th Legislature, Regular
3-20 Session, 1981 (Article 4477-9a, Vernon's Texas Civil Statutes)], or
3-21 a certificate of title showing that the motor vehicle is not
3-22 subject to a lien or that all recorded liens on the motor vehicle
3-23 have been released; or
3-24 (C) fails on receipt of a motor vehicle to
3-25 immediately remove an unexpired license plate from the motor
3-26 vehicle, to keep the plate in a secure and locked place, or to
3-27 maintain an inventory, on forms provided by the Texas Department of
4-1 Transportation, of license plates kept under this paragraph,
4-2 including for each plate or set of plates the license plate number
4-3 and the make, motor number, and vehicle identification number of
4-4 the motor vehicle from which the plate was removed;
4-5 (7) an actor who purchases or receives a used or
4-6 secondhand motor vehicle is presumed to know on receipt by the
4-7 actor of the motor vehicle that the motor vehicle has been
4-8 previously stolen from another if the actor knowingly or
4-9 recklessly:
4-10 (A) fails to report to the Texas Department of
4-11 Transportation the failure of the person who sold or delivered the
4-12 motor vehicle to the actor to deliver to the actor a properly
4-13 executed certificate of title to the motor vehicle at the time the
4-14 motor vehicle was delivered; or
4-15 (B) fails to file with the county tax
4-16 assessor-collector of the county in which the actor received the
4-17 motor vehicle, not later than the 20th day after the date the actor
4-18 received the motor vehicle, the registration license receipt and
4-19 certificate of title or evidence of title delivered to the actor in
4-20 accordance with Subchapter D, Chapter 520, Transportation Code
4-21 [Section 2, Chapter 364, Acts of the 50th Legislature, Regular
4-22 Session, 1947 (Article 6687-6, Vernon's Texas Civil Statutes)], at
4-23 the time the motor vehicle was delivered; and
4-24 (8) an actor who purchases or receives from any source
4-25 other than a licensed retailer or distributor of pesticides a
4-26 restricted-use pesticide or a state-limited-use pesticide or a
4-27 compound, mixture, or preparation containing a restricted-use or
5-1 state-limited-use pesticide is presumed to know on receipt by the
5-2 actor of the pesticide or compound, mixture, or preparation that
5-3 the pesticide or compound, mixture, or preparation has been
5-4 previously stolen from another if the actor:
5-5 (A) fails to record the name, address, and
5-6 physical description of the seller or pledgor;
5-7 (B) fails to record a complete description of
5-8 the amount and type of pesticide or compound, mixture, or
5-9 preparation purchased or received; and
5-10 (C) fails to obtain a signed warranty from the
5-11 seller or pledgor that the seller or pledgor has the right to
5-12 possess the property.
5-13 SECTION 2. (a) The change in law made by this Act applies
5-14 only to an offense committed on or after the effective date of this
5-15 Act. For purposes of this section, an offense is committed before
5-16 the effective date of this Act if any element of the offense occurs
5-17 before the effective date.
5-18 (b) An offense committed before the effective date of this
5-19 Act is covered by the law in effect when the offense was committed,
5-20 and the former law is continued in effect for that purpose.
5-21 SECTION 3. This Act takes effect September 1, 1997.
5-22 SECTION 4. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended.