By Crownover, Denny                                   H.B. No. 1357
         76R5302 PEP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for theft under certain circumstances
 1-3     involving the use of a check or similar sight order.
 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; or
2-21                       (E)  regardless of the value of the property
2-22     stolen, the actor obtained the property by issuing or passing a
2-23     check or similar sight order in a manner described by Section
2-24     31.06, and within 30 days of committing the offense, issued nine or
2-25     more checks or similar sight orders in the same manner;
2-26                 (5)  a felony of the third degree if the value of the
2-27     property stolen is $20,000 or more but less than $100,000, or the
 3-1     property is:
 3-2                       (A)  10 or more head of cattle, horses, or exotic
 3-3     livestock or exotic fowl as defined by Section 142.001, Agriculture
 3-4     Code, stolen during a single transaction and having an aggregate
 3-5     value of less than $100,000; or
 3-6                       (B)  100 or more head of sheep, swine, or goats
 3-7     stolen during a single transaction and having an aggregate value of
 3-8     less than $100,000;
 3-9                 (6)  a felony of the second degree if the value of the
3-10     property stolen is $100,000 or more but less than $200,000; or
3-11                 (7)  a felony of the first degree if the value of the
3-12     property stolen is $200,000 or more.
3-13           SECTION 2.  Section 31.04(e), Penal Code, is amended to read
3-14     as follows:
3-15           (e)  An offense under this section is:
3-16                 (1)  a Class C misdemeanor if the value of the service
3-17     stolen is less than $20;
3-18                 (2)  a Class B misdemeanor if the value of the service
3-19     stolen is $20 or more but less than $500;
3-20                 (3)  a Class A misdemeanor if the value of the service
3-21     stolen is $500 or more but less than $1,500;
3-22                 (4)  a state jail felony if:
3-23                       (A)  the value of the service stolen is $1,500 or
3-24     more but less than $20,000; or
3-25                       (B)  regardless of the value of the service
3-26     stolen, the actor obtained the service by issuing or passing a
3-27     check or similar sight order in a manner described by Section
 4-1     31.06, and within 30 days of committing the offense, issued nine or
 4-2     more checks or similar sight orders in the same manner;
 4-3                 (5)  a felony of the third degree if the value of the
 4-4     service stolen is $20,000 or more but less than $100,000;
 4-5                 (6)  a felony of the second degree if the value of the
 4-6     service stolen is $100,000 or more but less than $200,000; or
 4-7                 (7)  a felony of the first degree if the value of the
 4-8     service stolen is $200,000 or more.
 4-9           SECTION 3.  Section 31.09, Penal Code, is amended to read as
4-10     follows:
4-11           Sec. 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT.
4-12     (a)  When amounts are obtained in violation of this chapter
4-13     pursuant to one scheme or continuing course of conduct, whether
4-14     from the same or several sources, the conduct may be considered as
4-15     one offense and the amounts aggregated in determining the grade of
4-16     the offense.
4-17           (b)  The fact that a defendant is subject to state jail
4-18     felony punishment under Section 31.03 or Section 31.04 for issuing
4-19     or passing 10 or more checks or similar sight orders within a
4-20     30-day period does not preclude aggregation of the amounts involved
4-21     for purposes of determining a higher grade of offense under this
4-22     section.
4-23           SECTION 4.  The change in law made by this Act applies only
4-24     to an offense committed on or after the effective date of this Act.
4-25     An offense committed before the effective date of this Act is
4-26     covered by the law in effect when the offense was committed, and
4-27     the former law is continued in effect for that purpose.  For
 5-1     purposes of this section, an offense was committed before the
 5-2     effective date of this Act if any element of the offense occurred
 5-3     before that date.
 5-4           SECTION 5.  This Act takes effect September 1, 1999.
 5-5           SECTION 6.  The importance of this legislation and the
 5-6     crowded condition of the calendars in both houses create an
 5-7     emergency and an imperative public necessity that the
 5-8     constitutional rule requiring bills to be read on three several
 5-9     days in each house be suspended, and this rule is hereby suspended.