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.