1-1 By: Crownover, Denny (Senate Sponsor - Fraser) H.B. No. 1357
1-2 (In the Senate - Received from the House May 13, 1999;
1-3 May 13, 1999, read first time and referred to Committee on Economic
1-4 Development; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the punishment for theft under certain circumstances
1-9 involving the use of a check or similar sight order.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 31.03(e), Penal Code, is amended to read
1-12 as follows:
1-13 (e) Except as provided by Subsection (f), an offense under
1-14 this section is:
1-15 (1) a Class C misdemeanor if the value of the property
1-16 stolen is less than:
1-17 (A) $50; or
1-18 (B) $20 and the defendant obtained the property
1-19 by issuing or passing a check or similar sight order in a manner
1-20 described by Section 31.06;
1-21 (2) a Class B misdemeanor if:
1-22 (A) the value of the property stolen is:
1-23 (i) $50 or more but less than $500; or
1-24 (ii) $20 or more but less than $500 and
1-25 the defendant obtained the property by issuing or passing a check
1-26 or similar sight order in a manner described by Section 31.06; or
1-27 (B) the value of the property stolen is less
1-28 than:
1-29 (i) $50 and the defendant has previously
1-30 been convicted of any grade of theft; or
1-31 (ii) $20, the defendant has previously
1-32 been convicted of any grade of theft, and the defendant obtained
1-33 the property by issuing or passing a check or similar sight order
1-34 in a manner described by Section 31.06;
1-35 (3) a Class A misdemeanor if the value of the property
1-36 stolen is $500 or more but less than $1,500;
1-37 (4) a state jail felony if:
1-38 (A) the value of the property stolen is $1,500
1-39 or more but less than $20,000, or the property is less than 10 head
1-40 of cattle, horses, or exotic livestock or exotic fowl as defined by
1-41 Section 142.001, Agriculture Code, or any part thereof under the
1-42 value of $20,000, or less than 100 head of sheep, swine, or goats
1-43 or any part thereof under the value of $20,000;
1-44 (B) regardless of value, the property is stolen
1-45 from the person of another or from a human corpse or grave;
1-46 (C) the property stolen is a firearm, as defined
1-47 by Section 46.01; [or]
1-48 (D) the value of the property stolen is less
1-49 than $1,500 and the defendant has been previously convicted two or
1-50 more times of any grade of theft; or
1-51 (E) regardless of the value of the property
1-52 stolen, the actor obtained the property by issuing or passing a
1-53 check or similar sight order in a manner described by Section
1-54 31.06, and within 30 days of committing the offense, issued nine or
1-55 more checks or similar sight orders in the same manner;
1-56 (5) a felony of the third degree if the value of the
1-57 property stolen is $20,000 or more but less than $100,000, or the
1-58 property is:
1-59 (A) 10 or more head of cattle, horses, or exotic
1-60 livestock or exotic fowl as defined by Section 142.001, Agriculture
1-61 Code, stolen during a single transaction and having an aggregate
1-62 value of less than $100,000; or
1-63 (B) 100 or more head of sheep, swine, or goats
1-64 stolen during a single transaction and having an aggregate value of
2-1 less than $100,000;
2-2 (6) a felony of the second degree if the value of the
2-3 property stolen is $100,000 or more but less than $200,000; or
2-4 (7) a felony of the first degree if the value of the
2-5 property stolen is $200,000 or more.
2-6 SECTION 2. Section 31.04(e), Penal Code, is amended to read
2-7 as follows:
2-8 (e) An offense under this section is:
2-9 (1) a Class C misdemeanor if the value of the service
2-10 stolen is less than $20;
2-11 (2) a Class B misdemeanor if the value of the service
2-12 stolen is $20 or more but less than $500;
2-13 (3) a Class A misdemeanor if the value of the service
2-14 stolen is $500 or more but less than $1,500;
2-15 (4) a state jail felony if:
2-16 (A) the value of the service stolen is $1,500 or
2-17 more but less than $20,000; or
2-18 (B) regardless of the value of the service
2-19 stolen, the actor obtained the service by issuing or passing a
2-20 check or similar sight order in a manner described by Section
2-21 31.06, and within 30 days of committing the offense, issued nine or
2-22 more checks or similar sight orders in the same manner;
2-23 (5) a felony of the third degree if the value of the
2-24 service stolen is $20,000 or more but less than $100,000;
2-25 (6) a felony of the second degree if the value of the
2-26 service stolen is $100,000 or more but less than $200,000; or
2-27 (7) a felony of the first degree if the value of the
2-28 service stolen is $200,000 or more.
2-29 SECTION 3. Section 31.09, Penal Code, is amended to read as
2-30 follows:
2-31 Sec. 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT.
2-32 (a) When amounts are obtained in violation of this chapter
2-33 pursuant to one scheme or continuing course of conduct, whether
2-34 from the same or several sources, the conduct may be considered as
2-35 one offense and the amounts aggregated in determining the grade of
2-36 the offense.
2-37 (b) The fact that a defendant is subject to state jail
2-38 felony punishment under Section 31.03 or Section 31.04 for issuing
2-39 or passing 10 or more checks or similar sight orders within a
2-40 30-day period does not preclude aggregation of the amounts involved
2-41 for purposes of determining a higher grade of offense under this
2-42 section.
2-43 SECTION 4. The change in law made by this Act applies only
2-44 to an offense committed on or after the effective date of this Act.
2-45 An offense committed before the effective date of this Act is
2-46 covered by the law in effect when the offense was committed, and
2-47 the former law is continued in effect for that purpose. For
2-48 purposes of this section, an offense was committed before the
2-49 effective date of this Act if any element of the offense occurred
2-50 before that date.
2-51 SECTION 5. This Act takes effect September 1, 1999.
2-52 SECTION 6. The importance of this legislation and the
2-53 crowded condition of the calendars in both houses create an
2-54 emergency and an imperative public necessity that the
2-55 constitutional rule requiring bills to be read on three several
2-56 days in each house be suspended, and this rule is hereby suspended.
2-57 * * * * *