| TO: | Honorable Tom Craddick, Speaker of the House, House of Representatives |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB3584 by Pena (Relating to the creation of the offense of organized retail theft.), As Passed 2nd House |
The bill would amend the Penal Code by creating the offense of organized retail theft. Conducting, promoting, or facilitating an activity in which a person receives, possess, conceals, stores, barters, sells, or disposes of stolen retail merchandise would constitute an offense under the provisions of this bill. Punishment for organized retail theft would range from a state jail felony (value of merchandise is $1,500 or more but less than $20,000) to a first degree felony ($200,000 or more) and would depend on the total value of the merchandise involved. Punishment for the offenses described in the proposal would be increased to the next higher category of offense for persons that organize, supervise, finance, or manage one or more other persons engaged in the activity.
The bill would amend the Penal Code as it relates to organized retail theft or theft punishable as a Class C or Class B Misdemeanor. Punishment for Class C or Class B Misdemeanor theft would be enhanced to the next highest category of offense if it is shown at trial the defendant caused an alarm to sound or otherwise activate in order to serve as a distraction from the commission of the offense. A Class C misdemeanor is punishable by a fine not to exceed $500. A Class B misdemeanor is punishable by a fine not to exceed $2,000 and confinement in jail of not more than 180 days, or both.
The bill would take effect September 1, 2007 and apply only to an offense committed on or after the effective date.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice
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| LBB Staff: | JOB, ES, GG, LM
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