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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for the theft of |
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certain electronic equipment and interference with certain radio |
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frequencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.03(e), Penal Code, is amended to read |
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as follows: |
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(e) Except as provided by Subsection (f), an offense under |
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this section is: |
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(1) a Class C misdemeanor if the value of the property |
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stolen is less than: |
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(A) $50; or |
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(B) $20 and the defendant obtained the property |
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by issuing or passing a check or similar sight order in a manner |
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described by Section 31.06; |
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(2) a Class B misdemeanor if: |
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(A) the value of the property stolen is: |
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(i) $50 or more but less than $500; or |
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(ii) $20 or more but less than $500 and the |
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defendant obtained the property by issuing or passing a check or |
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similar sight order in a manner described by Section 31.06; or |
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(B) the value of the property stolen is less |
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than: |
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(i) $50 and the defendant has previously |
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been convicted of any grade of theft; or |
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(ii) $20, the defendant has previously been |
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convicted of any grade of theft, and the defendant obtained the |
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property by issuing or passing a check or similar sight order in a |
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manner described by Section 31.06; |
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(3) a Class A misdemeanor if the value of the property |
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stolen is $500 or more but less than $1,500; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $1,500 or |
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more but less than $20,000, or the property is less than 10 head of |
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cattle, horses, or exotic livestock or exotic fowl as defined by |
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Section 142.001, Agriculture Code, or any part thereof under the |
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value of $20,000, or less than 100 head of sheep, swine, or goats or |
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any part thereof under the value of $20,000; |
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(B) regardless of value, the property is stolen |
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from the person of another or from a human corpse or grave; |
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(C) the property stolen is a firearm, as defined |
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by Section 46.01; |
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(D) the value of the property stolen is less than |
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$1,500 and the defendant has been previously convicted two or more |
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times of any grade of theft; |
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(E) the property stolen is an official ballot or |
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official carrier envelope for an election; [or] |
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(F) the value of the property stolen is less than |
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$20,000 and the property stolen is insulated or noninsulated wire |
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or cable that consists of at least 50 percent: |
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(i) aluminum; |
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(ii) bronze; or |
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(iii) copper; or |
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(G) the value of the property stolen is less than |
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$20,000 and the property stolen is a radio, data terminal, or |
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computer that is: |
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(i) capable of two-way communications; and |
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(ii) owned by or issued to a law enforcement |
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agency as defined by Article 59.01, Code of Criminal Procedure, a |
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fire department, or an emergency medical services provider as |
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defined by Section 773.003, Health and Safety Code; |
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(5) a felony of the third degree if the value of the |
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property stolen is $20,000 or more but less than $100,000, or the |
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property is: |
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(A) 10 or more head of cattle, horses, or exotic |
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livestock or exotic fowl as defined by Section 142.001, Agriculture |
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Code, stolen during a single transaction and having an aggregate |
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value of less than $100,000; or |
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(B) 100 or more head of sheep, swine, or goats |
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stolen during a single transaction and having an aggregate value of |
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less than $100,000; |
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(6) a felony of the second degree if the value of the |
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property stolen is $100,000 or more but less than $200,000; or |
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(7) a felony of the first degree if the value of the |
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property stolen is $200,000 or more. |
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SECTION 2. Chapter 38, Penal Code, is amended by adding |
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Section 38.152 to read as follows: |
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Sec. 38.152. INTERFERENCE WITH RADIO FREQUENCY LICENSED TO |
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GOVERNMENT ENTITY. (a) A person commits an offense if, without |
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the effective consent of the law enforcement agency, fire |
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department, or emergency medical services provider, the person |
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intentionally interrupts, disrupts, impedes, jams, or otherwise |
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interferes with a radio frequency that is licensed by the Federal |
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Communications Commission to a government entity and is used by the |
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law enforcement agency, fire department, or emergency medical |
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services provider. |
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(b) An offense under this section is a Class A misdemeanor, |
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except that the offense is a state jail felony if the actor |
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committed the offense with the intent to: |
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(1) facilitate the commission of another offense; or |
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(2) interfere with the ability of a law enforcement |
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agency, a fire department, or an emergency medical services |
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provider to respond to an emergency. |
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(c) In this section: |
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(1) "Emergency" has the meaning assigned by Section |
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38.15. |
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(2) "Emergency medical services provider" has the |
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meaning assigned by Section 773.003, Health and Safety Code. |
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(3) "Law enforcement agency" has the meaning assigned |
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by Article 59.01, Code of Criminal Procedure. |
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(d) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or under both |
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sections. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |