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


Senate Research CenterS.B. 966
77R2674 PEP-DBy: Staples
Criminal Justice
3/18/2001
Committee Report (Amended)


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.  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.  

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, with the intent to use the instrument to commit
theft, the person possesses or knowingly manufactures certain instruments.

SECTION 2.  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 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Moves the phrase "with the intent to use the instrument to
commit a theft" to a new location for clarity. 

SECTION. 2.  Deletes proposed SECTION 2 and renumbers the subsequent
sections of the bill.