BILL ANALYSIS

C.S.H.B. 922

By: Riddle

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Some observers claim that the theft of automated teller machines (ATMs) has risen dramatically in recent years. Law enforcement officials have found it increasingly challenging to address these crimes that result in extensive monetary and property damage.  While theft and vandalism of ATMs on the premises of a bank could be grounds for a federal felony, stealing an ATM from a convenience store or freestanding kiosk could be considered an offense ranging from criminal mischief to theft.  C.S.H.B. 922 attempts to address this problem by making the theft of a certain automated teller machine or its contents or components a second degree felony theft offense.

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

C.S.H.B. 922 amends the Penal Code to expand the conditions that constitute a second degree felony theft offense to include the theft of an automated teller machine or the contents or components of an automated teller machine valued at less than $200,000. The bill defines "automated teller machine."

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 922 differs from the original by expanding the conditions that constitute a second degree felony theft offense to include the theft of an automated teller machine or the contents or components of an automated teller machine valued at less than $200,000, whereas the original includes the theft of just the machine valued at less than that amount.