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.