1-1     By:  Staples                                           S.B. No. 966
 1-2           (In the Senate - Filed February 27, 2001; February 28, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 19, 2001, reported favorably, as amended, by the following
 1-5     vote:  Yeas 7, Nays 0; March 19, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Staples
 1-7     Amend S.B. No. 966 as follows:
 1-8                 (1)  On page 1, line 34, insert between "if" and "the
 1-9     person" ", with the intent to use the instrument to commit theft,".
1-10                 (2)  On page 1, line 36, strike "with the intent to use
1-11     the instrument to commit a theft".
1-12                 (3)  On page 1, strike SECTION 2, lines 40 through 57,
1-13     and renumber the subsequent sections of the bill.
1-14                            A BILL TO BE ENTITLED
1-15                                   AN ACT
1-16     relating to preventing the consequences of theft, including retail
1-17     theft; providing penalties.
1-18           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19           SECTION 1.  Chapter 31, Penal Code, is amended by adding
1-20     Section 31.15 to read as follows:
1-21           Sec. 31.15.  POSSESSION, MANUFACTURE, OR DISTRIBUTION OF
1-22     CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT.  (a)  In this
1-23     section:
1-24                 (1)  "Retail theft detector" means an electrical,
1-25     mechanical, electronic, or magnetic device used to prevent or
1-26     detect shoplifting and includes any article or component part
1-27     essential to the proper operation of the device.
1-28                 (2)  "Shielding or deactivation instrument" means any
1-29     item or tool designed, made, or adapted for the purpose of
1-30     preventing the detection of stolen merchandise by a retail theft
1-31     detector.  The term includes a metal-lined or foil-lined shopping
1-32     bag and any item used to remove a security tag affixed to retail
1-33     merchandise.
1-34           (b)  A person commits an offense if the person:
1-35                 (1)  possesses a shielding or deactivation instrument
1-36     with the intent to use the instrument to commit a theft; or
1-37                 (2)  knowingly manufactures, sells, offers for sale, or
1-38     otherwise distributes a shielding or deactivation instrument.
1-39           (c)  An offense under this section is a Class A misdemeanor.
1-40           SECTION 2.  Section 124.001, Civil Practice and Remedies
1-41     Code, is amended to read as follows:
1-42           Sec. 124.001.  DETENTION.  (a)  A person who reasonably
1-43     believes that another has stolen or is attempting to steal property
1-44     is privileged to detain that person in a reasonable manner and for
1-45     a reasonable time to investigate ownership of the property.
1-46           (b)  For the purposes of this section, if notice is provided
1-47     as described by this subsection, the activation of an electrical,
1-48     mechanical, electronic, or magnetic device used by a retail
1-49     establishment to prevent or detect shoplifting is grounds for a
1-50     person to reasonably believe another has stolen or is attempting to
1-51     steal property.  A notice provided under this subsection must be
1-52     posted on the premises of the retail establishment in a manner that
1-53     is reasonably likely to come to the attention of the public and
1-54     must state that the establishment uses retail theft detectors to
1-55     prevent or detect shoplifting.
1-56           (c)  An individual or retail establishment is not liable for
1-57     damages arising from conduct authorized by this section.
1-58           SECTION 3.  Article 18.16, Code of Criminal Procedure, is
1-59     amended to read as follows:
1-60           Art.  18.16.  PREVENTING CONSEQUENCES OF THEFT.  Any person
1-61     has [All persons have] a right to prevent the consequences of theft
1-62     by seizing any personal property that [which] has been stolen and
1-63     bringing it, with the person suspected of committing the theft
 2-1     [supposed offender], if that person [he] can be taken, before a
 2-2     magistrate for examination, or delivering the property and the
 2-3     person suspected of committing the theft [same] to a peace officer
 2-4     for that purpose.  To justify a [such] seizure under this article,
 2-5     there must[, however,] be reasonable ground to believe [suppose]
 2-6     the property is [to be] stolen, and the seizure must be openly made
 2-7     and the proceedings had without delay.
 2-8           SECTION 4.  The change in law made by this Act applies only
 2-9     to an offense committed on or after the effective date of this Act.
2-10     An offense committed before the effective date of this Act is
2-11     covered by the law in effect when the offense was committed, and
2-12     the former law is continued in effect for that purpose.  For
2-13     purposes of this section, an offense was committed before the
2-14     effective date of this Act if any element of the offense occurred
2-15     before that date.
2-16           SECTION 5.  This Act takes effect September 1, 2001.
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