SRC-BWC S.B. 966 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 966
77R2674 PEP-DBy: Staples
Criminal Justice
3/11/2001
As Filed


DIGEST AND PURPOSE 

Retail theft committed in mercantile establishments is increasing.  Many
retailers are combating these increases in retail theft offenses by
installing complex and expensive electronic article surveillance systems.
Thefts at these retail establishments are being committed by "professional"
thieves who have homemade tools and devices for retail theft including
metal or foil-lined shopping bags which override and evade these electronic
article surveillance systems.  As proposed, S.B. 966 creates a new section
in the Texas Penal Code prohibiting the possession, sale, manufacturing,
and distribution of a device intended to shield merchandise from detection
by an electronic or magnetic theft detector.  It also prohibits the
possession, sale, manufacturing, and distribution of any tool or device
without the permission of the merchant or person owning the merchandise.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 31, Penal Code, by adding Section 31.15, as
follows: 

Sec. 31.15.  POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN
INSTRUMENTS USED TO COMMIT RETAIL THEFT.  Defines "retail theft detector"
and "shielding or deactivation instrument."  Provides that a person commits
a Class A misdemeanor if the person possesses or knowingly manufactures
certain items.   

SECTION 2.  Amends Section 124.001, Civil Practice and Remedies Code, to
provide that, for the purposes of this section, if notice is provided as
described by this subsection, the activation of a retail theft detector
used by retail establishment to prevent or detect shoplifting is grounds
for a person to reasonably believe another has stolen or is attempting to
steal property.  Requires a notice to be posted on the premises of the
retail establishment in a manner that is reasonably likely to come to the
attention of the public and state that the establishment uses retail theft
detectors to prevent or detect shoplifting.  Provides that an individual or
retail establishment is not liable for damages arising from conduct
authorized by this section. 

SECTION 3.  Amends Article 18.16, Code of Criminal Procedure, to provide
that any person has, rather than all persons have, a right to prevent the
consequences of theft by seizing any personal property that has been stolen
and bringing it, with the person suspected of committing the theft, rather
than the supposed offender, if that person can be taken, before a
magistrate for examination, or delivering the property and the person
suspected of committing the theft to a peace officer.  Requires there to be
reasonable ground to believe, rather than suppose, the property is stolen,
and requires the seizure to be openly made and the proceedings had without
delay, in order to justify a seizure under this article.   

SECTION 4.  Makes application of this Act prospective.
 
SECTION 5.  Effective date:  September 1, 2001.