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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of organized retail theft. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 31, Penal Code, is amended by adding |
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Section 31.16 to read as follows: |
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Sec. 31.16. ORGANIZED RETAIL THEFT. (a) In this section, |
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"retail merchandise" means one or more items of tangible personal |
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property displayed, held, stored, or offered for sale in a retail |
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establishment. |
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(b) A person commits an offense if the person conducts, |
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promotes, or facilitates an activity in which the person receives, |
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possesses, conceals, stores, barters, sells, or disposes of: |
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(1) stolen retail merchandise; or |
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(2) merchandise explicitly represented to the person |
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as being stolen retail merchandise. |
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(c) An offense under this section is: |
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(1) a Class C misdemeanor if the total value of the |
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merchandise involved in the activity is less than $20; |
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(2) a Class B misdemeanor if the total value of the |
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merchandise involved in the activity is $20 or more but less than |
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$500; |
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(3) a Class A misdemeanor if the total value of the |
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merchandise involved in the activity is $500 or more but less than |
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$1,500; |
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(4) a state jail felony if the total value of the |
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merchandise involved in the activity is $1,500 or more but less than |
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$20,000; |
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(5) a felony of the third degree if the total value of |
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the merchandise involved in the activity is $20,000 or more but less |
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than $100,000; |
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(6) a felony of the second degree if the total value of |
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the merchandise involved in the activity is $100,000 or more but |
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less than $200,000; or |
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(7) a felony of the first degree if the total value of |
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the merchandise involved in the activity is $200,000 or more. |
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(d) An offense described for purposes of punishment by |
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Subsections (c)(1)-(6) is increased to the next higher category of |
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offense if it is shown on the trial of the offense that the person |
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organized, supervised, financed, or managed one or more other |
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persons engaged in an activity described by Subsection (b). |
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SECTION 2. Article 13.08, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 13.08. THEFT; ORGANIZED RETAIL THEFT. (a) Where |
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property is stolen in one county and removed by the offender to |
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another county, the offender may be prosecuted either in the county |
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where he took the property or in any other county through or into |
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which he may have removed the same. |
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(b) An offense under Section 31.16, Penal Code, may be |
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prosecuted in any county in which an underlying theft could have |
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been prosecuted as a separate offense. |
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SECTION 3. This Act takes effect September 1, 2007. |