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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of organized retail theft. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.16, Penal Code, is amended to read as |
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follows: |
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Sec. 31.16. ORGANIZED RETAIL THEFT. (a) In this section: |
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(1) "Boost" means to commit an offense under Section |
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31.03 with respect to retail merchandise. |
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(2) "Fire exit alarm" has the meaning assigned by |
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Section 793.001, Health and Safety Code. |
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(3) "Retail[, "retail] merchandise" means one or more |
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items of tangible personal property displayed, held, stored, or |
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offered for sale in a retail establishment. |
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(4) "Retail theft detector" and "shielding or |
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deactivation instrument" have the meanings assigned by Section |
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31.15. |
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(b) A person commits an offense if the person: |
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(1) alone or with the aid or assistance of another |
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person, and pursuant to one scheme or continuing course of conduct, |
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boosts: |
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(A) one or more items of retail merchandise: |
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(i) from more than one retail |
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establishment; or |
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(ii) from the same retail establishment on |
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more than one occasion; or |
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(B) more than one of the same or similar items of |
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retail merchandise from a single retail establishment on a single |
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occasion; or |
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(2) intentionally conducts, promotes, or facilitates |
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an activity in which the person receives, possesses, conceals, |
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stores, barters, sells, or disposes of [a total value of not less
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than $1,500 of]: |
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(A) [(1)] stolen retail merchandise; or |
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(B) [(2)] merchandise explicitly represented to |
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the person as being stolen retail merchandise. |
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(c) An offense under this section is: |
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(1) a Class B misdemeanor if the total value of the |
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merchandise involved in the activity is less than $500; |
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(2) a Class A misdemeanor if the total value of the |
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merchandise involved in the activity is $500 or more but less than |
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$1,500; |
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(3) a state jail felony if the total value of the |
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merchandise involved in the activity is $1,500 or more but less than |
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$20,000; |
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(4) [(2)] a felony of the third degree if the total |
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value of the merchandise involved in the activity is $20,000 or more |
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but less than $100,000; |
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(5) [(3)] a felony of the second degree if the total |
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value of the merchandise involved in the activity is $100,000 or |
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more but less than $200,000; or |
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(6) [(4)] a felony of the first degree if the total |
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value of the merchandise involved in the activity is $200,000 or |
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more. |
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(d) An offense described for purposes of punishment by |
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Subsections (c)(1)-(5) [(c)(1)-(3)] is increased to the next higher |
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category of offense if it is shown on the trial of the offense that |
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the person organized, supervised, financed, or managed one or more |
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other persons engaged in an activity described by Subsection (b). |
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(e) For the purposes of punishment, an offense under this |
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section or an offense described by Section 31.03(e)(1) or (2) is |
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increased to the next highest category of offense if it is shown at |
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the trial of the offense that the defendant, during [with the intent
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that a distraction from] the commission of the offense [be
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created], intentionally, knowingly, or recklessly: |
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(1) caused a fire exit [an] alarm to sound or otherwise |
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become activated; |
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(2) deactivated or otherwise prevented a fire exit |
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alarm from sounding; or |
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(3) used a shielding or deactivation instrument to |
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prevent or attempt to prevent detection of the offense by a retail |
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theft detector [during the commission of the offense]. |
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SECTION 2. 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 on the date the offense was committed, |
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and 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 occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |