BILL ANALYSIS
By: Riddle
BACKGROUND AND PURPOSE
One of the oldest methods of executing an act of theft is the art of creating a distraction. In the past, a thief might accomplish this by setting a fire on one end of a street while an accomplice robs a store on the opposite end, or by causing a scene in one area of a store while they walk out the door in another area.
With modern alarm systems, the easiest way to cause a distraction is to simply take your contraband and leave through an emergency exit, thereby setting off a fire alarm and sending everyone running through the front door of a store. There are also numerous other ways to set off an alarm system which would provide an ample distraction while causing panic and endangering the lives of the innocent patrons of a given establishment.
H.B. 3247 would provide an enhanced penalty for an act of theft if the thief caused an alarm to sound or become activated as a way of providing a distraction from the crime.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
House Bill 3247 amends Section 31.03, Penal Code, to state that an act of theft as described by Subsection (e)(1) or (e)(2) is to be punished by the next highest category of offense if it is shown that the defendant, with the intent that a distraction from the commission of the offense be created, intentionally, knowingly, or recklessly caused an alarm to sound or become activated during the commission of the theft.
Makes application of this Act prospective.
EFFECTIVE DATE
September 1, 2007.