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