BILL ANALYSIS

H.B. 671

By: Darby

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A nonprofit organization's primary objective is to support an issue or matter of private or public concern for noncommercial purposes. The organization may be involved in a large range of areas such as the arts, charities, education, politics, religion, or sports. Currently, the penalty for theft from a nonprofit organization is not distinguished from the penalty for other types of theft, with the degree of punishment determined by the value of the stolen property. Theft from a nonprofit organization adversely affects the organization as funds for nonprofit organizations are donated or grant-based.

H.B. 671 increases the penalty for an offense of theft to the next higher category when the property is stolen from a nonprofit organization.  

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

H.B. 671 amends the Penal Code to increase the penalty for an offense of theft to the next higher category if it is shown on the trial of the offense that the owner of the stolen property at the time of the offense was a nonprofit organization. The bill defines "nonprofit organization" as an organization that is exempt from federal income taxation under certain federal law.

EFFECTIVE DATE

September 1, 2009.