By: Staples S.B. No. 966
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to preventing the consequences of theft, including retail
1-3 theft; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 31, Penal Code, is amended by adding
1-6 Section 31.15 to read as follows:
1-7 Sec. 31.15. POSSESSION, MANUFACTURE, OR DISTRIBUTION OF
1-8 CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT. (a) In this
1-9 section:
1-10 (1) "Retail theft detector" means an electrical,
1-11 mechanical, electronic, or magnetic device used to prevent or
1-12 detect shoplifting and includes any article or component part
1-13 essential to the proper operation of the device.
1-14 (2) "Shielding or deactivation instrument" means any
1-15 item or tool designed, made, or adapted for the purpose of
1-16 preventing the detection of stolen merchandise by a retail theft
1-17 detector. The term includes a metal-lined or foil-lined shopping
1-18 bag and any item used to remove a security tag affixed to retail
1-19 merchandise.
1-20 (b) A person commits an offense if, with the intent to use
1-21 the instrument to commit theft, the person:
1-22 (1) possesses a shielding or deactivation instrument;
1-23 or
1-24 (2) knowingly manufactures, sells, offers for sale, or
1-25 otherwise distributes a shielding or deactivation instrument.
2-1 (c) An offense under this section is a Class A misdemeanor.
2-2 SECTION 2. Article 18.16, Code of Criminal Procedure, is
2-3 amended to read as follows:
2-4 Art. 18.16. PREVENTING CONSEQUENCES OF THEFT. Any person
2-5 has [All persons have] a right to prevent the consequences of theft
2-6 by seizing any personal property that [which] has been stolen and
2-7 bringing it, with the person suspected of committing the theft
2-8 [supposed offender], if that person [he] can be taken, before a
2-9 magistrate for examination, or delivering the property and the
2-10 person suspected of committing the theft [same] to a peace officer
2-11 for that purpose. To justify a [such] seizure under this article,
2-12 there must[, however,] be reasonable ground to believe [suppose]
2-13 the property is [to be] stolen, and the seizure must be openly made
2-14 and the proceedings had without delay.
2-15 SECTION 3. The change in law made by this Act applies only
2-16 to an offense committed on or after the effective date of this Act.
2-17 An offense committed before the effective date of this Act is
2-18 covered by the law in effect when the offense was committed, and
2-19 the former law is continued in effect for that purpose. For
2-20 purposes of this section, an offense was committed before the
2-21 effective date of this Act if any element of the offense occurred
2-22 before that date.
2-23 SECTION 4. This Act takes effect September 1, 2001.