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.