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AN ACT
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relating to certain criminal offenses, punishments, and |
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procedures; the construction of certain statutes and rules that |
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create or define criminal offenses and penalties; a review of |
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certain penal laws of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.02(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A search warrant may be issued to search for and seize: |
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(1) property acquired by theft or in any other manner |
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which makes its acquisition a penal offense; |
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(2) property specially designed, made, or adapted for |
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or commonly used in the commission of an offense; |
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(3) arms and munitions kept or prepared for the |
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purposes of insurrection or riot; |
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(4) weapons prohibited by the Penal Code; |
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(5) gambling devices or equipment, altered gambling |
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equipment, or gambling paraphernalia; |
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(6) obscene materials kept or prepared for commercial |
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distribution or exhibition, subject to the additional rules set |
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forth by law; |
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(7) a drug, controlled substance, immediate |
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precursor, chemical precursor, or other controlled substance |
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property, including an apparatus or paraphernalia kept, prepared, |
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or manufactured in violation of the laws of this state; |
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(8) any property the possession of which is prohibited |
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by law; |
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(9) implements or instruments used in the commission |
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of a crime; |
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(10) property or items, except the personal writings |
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by the accused, constituting evidence of an offense or constituting |
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evidence tending to show that a particular person committed an |
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offense; |
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(11) persons; |
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(12) contraband subject to forfeiture under Chapter 59 |
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of this code; [or] |
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(13) electronic customer data held in electronic |
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storage, including the contents of and records and other |
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information related to a wire communication or electronic |
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communication held in electronic storage; or |
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(14) a cellular telephone or other wireless |
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communications device, subject to Article 18.0215. |
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SECTION 2. Chapter 18, Code of Criminal Procedure, is |
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amended by adding Article 18.0215 to read as follows: |
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Art. 18.0215. ACCESS TO CELLULAR TELEPHONE OR OTHER |
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WIRELESS COMMUNICATIONS DEVICE. (a) A peace officer may not search |
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a person's cellular telephone or other wireless communications |
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device, pursuant to a lawful arrest of the person without obtaining |
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a warrant under this article. |
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(b) A warrant under this article may be issued only by a |
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judge in the same judicial district as the site of: |
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(1) the law enforcement agency that employs the peace |
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officer, if the cellular telephone or other wireless communications |
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device is in the officer's possession; or |
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(2) the likely location of the telephone or device. |
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(c) A judge may issue a warrant under this article only on |
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the application of a peace officer. An application must be written |
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and signed and sworn to or affirmed before the judge. The |
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application must: |
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(1) state the name, department, agency, and address of |
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the applicant; |
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(2) identify the cellular telephone or other wireless |
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communications device to be searched; |
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(3) state the name of the owner or possessor of the |
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telephone or device to be searched; |
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(4) state the judicial district in which: |
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(A) the law enforcement agency that employs the |
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peace officer is located, if the telephone or device is in the |
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officer's possession; or |
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(B) the telephone or device is likely to be |
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located; and |
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(5) state the facts and circumstances that provide the |
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applicant with probable cause to believe that: |
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(A) criminal activity has been, is, or will be |
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committed; and |
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(B) searching the telephone or device is likely |
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to produce evidence in the investigation of the criminal activity |
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described in Paragraph (A). |
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(d) Notwithstanding any other law, a peace officer may |
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search a cellular telephone or other wireless communications device |
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without a warrant if: |
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(1) the owner or possessor of the telephone or device |
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consents to the search; |
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(2) the telephone or device is reported stolen by the |
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owner or possessor; or |
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(3) the officer reasonably believes that: |
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(A) the telephone or device is in the possession |
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of a fugitive from justice for whom an arrest warrant has been |
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issued for committing a felony offense; or |
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(B) there exists an immediate life-threatening |
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situation, as defined by Section 1, Article 18.20. |
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(e) A peace officer must apply for a warrant to search a |
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cellular telephone or other wireless communications device as soon |
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as practicable after a search is conducted under Subsection |
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(d)(3)(A) or (B). If the judge finds that the applicable situation |
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under Subsection (d)(3)(A) or (B) did not occur and declines to |
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issue the warrant, any evidence obtained is not admissible in a |
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criminal action. |
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SECTION 3. Article 32A.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 32A.01. TRIAL PRIORITIES. (a) Insofar as is |
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practicable, the trial of a criminal action shall be given |
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preference over trials of civil cases, and the trial of a criminal |
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action against a defendant who is detained in jail pending trial of |
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the action shall be given preference over trials of other criminal |
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actions not described by Subsection (b). |
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(b) Unless extraordinary circumstances require otherwise, |
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the trial of a criminal action in which the alleged victim is |
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younger than 14 years of age shall be given preference over other |
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matters before the court, whether civil or criminal. |
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SECTION 4. Subchapter C, Chapter 311, Government Code, is |
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amended by adding Section 311.035 to read as follows: |
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Sec. 311.035. CONSTRUCTION OF STATUTE OR RULE INVOLVING |
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CRIMINAL OFFENSE OR PENALTY. (a) In this section, "actor" and |
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"element of offense" have the meanings assigned by Section 1.07, |
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Penal Code. |
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(b) Except as provided by Subsection (c), a statute or rule |
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that creates or defines a criminal offense or penalty shall be |
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construed in favor of the actor if any part of the statute or rule is |
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ambiguous on its face or as applied to the case, including: |
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(1) an element of offense; or |
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(2) the penalty to be imposed. |
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(c) Subsection (b) does not apply to a criminal offense or |
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penalty under the Penal Code or under the Texas Controlled |
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Substances Act. |
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(d) The ambiguity of a part of a statute or rule to which |
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this section applies is a matter of law to be resolved by the judge. |
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SECTION 5. Sections 28.03(b), (f), (h), and (j), Penal |
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Code, are amended to read as follows: |
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(b) Except as provided by Subsections (f) and (h), an |
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offense under this section is: |
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(1) a Class C misdemeanor if: |
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(A) the amount of pecuniary loss is less than |
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$100 [$50]; or |
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(B) except as provided in Subdivision (3)(A) or |
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(3)(B), it causes substantial inconvenience to others; |
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(2) a Class B misdemeanor if the amount of pecuniary |
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loss is $100 [$50] or more but less than $750 [$500]; |
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(3) a Class A misdemeanor if: |
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(A) the amount of pecuniary loss is $750 [$500] |
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or more but less than $2,500 [$1,500]; or |
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(B) the actor causes in whole or in part |
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impairment or interruption of any public water supply, or causes to |
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be diverted in whole, in part, or in any manner, including |
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installation or removal of any device for any such purpose, any |
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public water supply, regardless of the amount of the pecuniary |
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loss; |
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(4) a state jail felony if the amount of pecuniary loss |
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is: |
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(A) $2,500 [$1,500] or more but less than $30,000 |
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[$20,000]; |
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(B) less than $2,500 [$1,500], if the property |
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damaged or destroyed is a habitation and if the damage or |
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destruction is caused by a firearm or explosive weapon; |
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(C) less than $2,500 [$1,500], if the property |
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was a fence used for the production or containment of: |
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(i) cattle, bison, horses, sheep, swine, |
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goats, exotic livestock, or exotic poultry; or |
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(ii) game animals as that term is defined by |
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Section 63.001, Parks and Wildlife Code; or |
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(D) less than $30,000 [$20,000] and the actor |
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causes wholly or partly impairment or interruption of public |
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communications, public transportation, public gas or power supply, |
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or other public service, or causes to be diverted wholly, partly, or |
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in any manner, including installation or removal of any device for |
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any such purpose, any public communications or public gas or power |
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supply; |
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(5) a felony of the third degree if the amount of the |
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pecuniary loss is $30,000 [$20,000] or more but less than $150,000 |
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[$100,000]; |
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(6) a felony of the second degree if the amount of |
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pecuniary loss is $150,000 [$100,000] or more but less than |
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$300,000 [$200,000]; or |
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(7) a felony of the first degree if the amount of |
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pecuniary loss is $300,000 [$200,000] or more. |
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(f) An offense under this section is a state jail felony if |
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the damage or destruction is inflicted on a place of worship or |
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human burial, a public monument, or a community center that |
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provides medical, social, or educational programs and the amount of |
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the pecuniary loss to real property or to tangible personal |
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property is $750 or more but less than $30,000 [$20,000]. |
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(h) An offense under this section is a state jail felony if |
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the amount of the pecuniary loss to real property or to tangible |
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personal property is $750 [$1,500] or more but less than $30,000 |
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[$20,000] and the damage or destruction is inflicted on a public or |
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private elementary school, secondary school, or institution of |
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higher education. |
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(j) Notwithstanding Subsection (b), an offense under this |
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section is a felony of the third degree if: |
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(1) the tangible property damaged, destroyed, or |
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tampered with is transportation communications equipment or a |
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transportation communications device; and |
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(2) the amount of the pecuniary loss to the tangible |
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property is less than $150,000 [$100,000]. |
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SECTION 6. Section 28.06(d), Penal Code, is amended to read |
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as follows: |
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(d) If the amount of pecuniary loss cannot be ascertained by |
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the criteria set forth in Subsections (a) through (c), the amount of |
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loss is deemed to be greater than $750 [$500] but less than $2,500 |
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[$1,500]. |
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SECTION 7. Section 28.07(e), Penal Code, is amended to read |
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as follows: |
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(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or |
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(b)(2)(D) is a Class C misdemeanor unless the person causes |
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pecuniary loss of $100 or more, in which event the offense is: |
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(1) a Class B misdemeanor if the amount of pecuniary |
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loss is $100 [$20] or more but less than $750 [$500]; |
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(2) a Class A misdemeanor if the amount of pecuniary |
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loss is $750 [$500] or more but less than $2,500 [$1,500]; |
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(3) a state jail felony if the amount of pecuniary loss |
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is $2,500 [$1,500] or more but less than $30,000 [$20,000]; |
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(4) a felony of the third degree if the amount of the |
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pecuniary loss is $30,000 [$20,000] or more but less than $150,000 |
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[$100,000]; |
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(5) a felony of the second degree if the amount of |
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pecuniary loss is $150,000 [$100,000] or more but less than |
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$300,000 [$200,000]; or |
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(6) a felony of the first degree if the amount of the |
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pecuniary loss is $300,000 [$200,000] or more. |
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SECTION 8. Sections 28.08(b) and (d), Penal Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsection (d), an offense under |
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this section is: |
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(1) a Class C misdemeanor if the amount of pecuniary |
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loss is less than $100; |
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(2) a Class B misdemeanor if the amount of pecuniary |
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loss is $100 or more but less than $750 [$500]; |
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(3) [(2)] a Class A misdemeanor if the amount of |
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pecuniary loss is $750 [$500] or more but less than $2,500 [$1,500]; |
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(4) [(3)] a state jail felony if the amount of |
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pecuniary loss is $2,500 [$1,500] or more but less than $30,000 |
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[$20,000]; |
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(5) [(4)] a felony of the third degree if the amount of |
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pecuniary loss is $30,000 [$20,000] or more but less than $150,000 |
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[$100,000]; |
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(6) [(5)] a felony of the second degree if the amount |
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of pecuniary loss is $150,000 [$100,000] or more but less than |
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$300,000 [$200,000]; or |
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(7) [(6)] a felony of the first degree if the amount of |
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pecuniary loss is $300,000 [$200,000] or more. |
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(d) An offense under this section is a state jail felony if: |
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(1) the marking is made on a school, an institution of |
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higher education, a place of worship or human burial, a public |
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monument, or a community center that provides medical, social, or |
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educational programs; and |
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(2) the amount of the pecuniary loss to real property |
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or to tangible personal property is $750 or more but less than |
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$30,000 [$20,000]. |
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SECTION 9. Article 14.06(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) Subsection (c) applies only to a person charged with |
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committing an offense under: |
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(1) Section 481.121, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(1-a) Section 481.1161, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(2) Section 28.03, Penal Code, if the offense is |
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punishable under Subsection (b)(2) of that section; |
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(3) Section 28.08, Penal Code, if the offense is |
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punishable under Subsection (b)(2) or (3) [(b)(1)] of that section; |
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(4) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(2)(A) of that section; |
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(5) Section 31.04, Penal Code, if the offense is |
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punishable under Subsection (e)(2) of that section; |
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(6) Section 38.114, Penal Code, if the offense is |
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punishable as a Class B misdemeanor; or |
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(7) Section 521.457, Transportation Code. |
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SECTION 10. Section 31.03(e), Penal Code, is amended to |
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read 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 $100[:
|
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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 $100[:
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[(i) $50] or more but less than $750 [$500;
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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]; |
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(B) the value of the property stolen is less than |
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$100[:
|
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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
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been 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; or] |
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(C) the property stolen is a driver's license, |
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commercial driver's license, or personal identification |
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certificate issued by this state or another state; |
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(3) a Class A misdemeanor if the value of the property |
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stolen is $750 [$500] or more but less than $2,500 [$1,500]; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $2,500 |
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[$1,500] or more but less than $30,000 [$20,000], or the property is |
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less than 10 head of sheep, swine, or goats or any part thereof |
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under the value of $30,000 [$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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including property that is a military grave marker; |
|
(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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$2,500 [$1,500] and the defendant has been previously convicted two |
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or more 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 |
|
$20,000 and the property stolen is: |
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(i) aluminum; |
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(ii) bronze; |
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(iii) copper; or |
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(iv) brass; |
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(5) a felony of the third degree if the value of the |
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property stolen is $30,000 [$20,000] or more but less than $150,000 |
|
[$100,000], or the property is: |
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(A) cattle, horses, or exotic livestock or exotic |
|
fowl as defined by Section 142.001, Agriculture Code, stolen during |
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a single transaction and having an aggregate value of less than |
|
$150,000 [$100,000]; or |
|
(B) 10 or more head of sheep, swine, or goats |
|
stolen during a single transaction and having an aggregate value of |
|
less than $150,000 [$100,000]; |
|
(6) a felony of the second degree if: |
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(A) the value of the property stolen is $150,000 |
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[$100,000] or more but less than $300,000 [$200,000]; or |
|
(B) the value of the property stolen is less than |
|
$300,000 [$200,000] and the property stolen is an automated teller |
|
machine or the contents or components of an automated teller |
|
machine; or |
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(7) a felony of the first degree if the value of the |
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property stolen is $300,000 [$200,000] or more. |
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SECTION 11. Sections 31.04(b) and (e), Penal Code, are |
|
amended to read as follows: |
|
(b) For purposes of this section, intent to avoid payment is |
|
presumed if: |
|
(1) the actor absconded without paying for the service |
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or expressly refused to pay for the service in circumstances where |
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payment is ordinarily made immediately upon rendering of the |
|
service, as in hotels, campgrounds, recreational vehicle parks, |
|
restaurants, and comparable establishments; |
|
(2) the actor failed to make payment under a service |
|
agreement within 10 days after receiving notice demanding payment; |
|
(3) the actor returns property held under a rental |
|
agreement after the expiration of the rental agreement and fails to |
|
pay the applicable rental charge for the property within 10 days |
|
after the date on which the actor received notice demanding |
|
payment; or |
|
(4) the actor failed to return the property held under |
|
a rental agreement: |
|
(A) within five days after receiving notice |
|
demanding return, if the property is valued at less than $2,500 |
|
[$1,500]; or |
|
(B) within three days after receiving notice |
|
demanding return, if the property is valued at $2,500 [$1,500] or |
|
more. |
|
(e) An offense under this section is: |
|
(1) a Class C misdemeanor if the value of the service |
|
stolen is less than $100 [$20]; |
|
(2) a Class B misdemeanor if the value of the service |
|
stolen is $100 [$20] or more but less than $750 [$500]; |
|
(3) a Class A misdemeanor if the value of the service |
|
stolen is $750 [$500] or more but less than $2,500 [$1,500]; |
|
(4) a state jail felony if the value of the service |
|
stolen is $2,500 [$1,500] or more but less than $30,000 [$20,000]; |
|
(5) a felony of the third degree if the value of the |
|
service stolen is $30,000 [$20,000] or more but less than $150,000 |
|
[$100,000]; |
|
(6) a felony of the second degree if the value of the |
|
service stolen is $150,000 [$100,000] or more but less than |
|
$300,000 [$200,000]; or |
|
(7) a felony of the first degree if the value of the |
|
service stolen is $300,000 [$200,000] or more. |
|
SECTION 12. Section 31.08(c), Penal Code, is amended to |
|
read as follows: |
|
(c) If property or service has value that cannot be |
|
reasonably ascertained by the criteria set forth in Subsections (a) |
|
and (b), the property or service is deemed to have a value of $750 |
|
[$500] or more but less than $2,500 [$1,500]. |
|
SECTION 13. Sections 31.16(c) and (d), Penal Code, are |
|
amended to read as follows: |
|
(c) An offense under this section is: |
|
(1) a Class C misdemeanor if the total value of the |
|
merchandise involved in the activity is less than $100; |
|
(2) a Class B misdemeanor if the total value of the |
|
merchandise involved in the activity is $100 or more but less than |
|
$750 [$50]; |
|
(3) [(2)] a Class A misdemeanor if the total value of |
|
the merchandise involved in the activity is $750 [$50] or more but |
|
less than $2,500 [$500]; |
|
(4) [(3)] a state jail felony if the total value of the |
|
merchandise involved in the activity is $2,500 [$500] or more but |
|
less than $30,000 [$1,500]; |
|
(5) [(4)] a felony of the third degree if the total |
|
value of the merchandise involved in the activity is $30,000 |
|
[$1,500] or more but less than $150,000 [$20,000]; |
|
(6) [(5)] a felony of the second degree if the total |
|
value of the merchandise involved in the activity is $150,000 |
|
[$20,000] or more but less than $300,000 [$100,000]; or |
|
(7) [(6)] a felony of the first degree if the total |
|
value of the merchandise involved in the activity is $300,000 |
|
[$100,000] or more. |
|
(d) An offense described for purposes of punishment by |
|
Subsections (c)(1)-(6) [(c)(1)-(5)] is increased to the next higher |
|
category of offense if it is shown on the trial of the offense that: |
|
(1) the person organized, supervised, financed, or |
|
managed one or more other persons engaged in an activity described |
|
by Subsection (b); or |
|
(2) during the commission of the offense, a person |
|
engaged in an activity described by Subsection (b) intentionally, |
|
knowingly, or recklessly: |
|
(A) caused a fire exit alarm to sound or |
|
otherwise become activated; |
|
(B) deactivated or otherwise prevented a fire |
|
exit alarm or retail theft detector from sounding; or |
|
(C) used a shielding or deactivation instrument |
|
to prevent or attempt to prevent detection of the offense by a |
|
retail theft detector. |
|
SECTION 14. Section 32.02(c), Penal Code, is amended to |
|
read as follows: |
|
(c) If property or service has value that cannot be |
|
reasonably ascertained by the criteria set forth in Subsections (a) |
|
and (b), the property or service is deemed to have a value of $750 |
|
[$500] or more but less than $2,500 [$1,500]. |
|
SECTION 15. Section 32.23(e), Penal Code, is amended to |
|
read as follows: |
|
(e) An offense under this section is a: |
|
(1) Class C misdemeanor if the retail value of the item |
|
or service is less than $100 [$20]; |
|
(2) Class B misdemeanor if the retail value of the item |
|
or service is $100 [$20] or more but less than $750 [$500]; |
|
(3) Class A misdemeanor if the retail value of the item |
|
or service is $750 [$500] or more but less than $2,500 [$1,500]; |
|
(4) state jail felony if the retail value of the item |
|
or service is $2,500 [$1,500] or more but less than $30,000 |
|
[$20,000]; |
|
(5) felony of the third degree if the retail value of |
|
the item or service is $30,000 [$20,000] or more but less than |
|
$150,000 [$100,000]; |
|
(6) felony of the second degree if the retail value of |
|
the item or service is $150,000 [$100,000] or more but less than |
|
$300,000 [$200,000]; or |
|
(7) felony of the first degree if the retail value of |
|
the item or service is $300,000 [$200,000] or more. |
|
SECTION 16. Section 32.32(c), Penal Code, is amended to |
|
read as follows: |
|
(c) An offense under this section is: |
|
(1) a Class C misdemeanor if the value of the property |
|
or the amount of credit is less than $100 [$50]; |
|
(2) a Class B misdemeanor if the value of the property |
|
or the amount of credit is $100 [$50] or more but less than $750 |
|
[$500]; |
|
(3) a Class A misdemeanor if the value of the property |
|
or the amount of credit is $750 [$500] or more but less than $2,500 |
|
[$1,500]; |
|
(4) a state jail felony if the value of the property or |
|
the amount of credit is $2,500 [$1,500] or more but less than |
|
$30,000 [$20,000]; |
|
(5) a felony of the third degree if the value of the |
|
property or the amount of credit is $30,000 [$20,000] or more but |
|
less than $150,000 [$100,000]; |
|
(6) a felony of the second degree if the value of the |
|
property or the amount of credit is $150,000 [$100,000] or more but |
|
less than $300,000 [$200,000]; or |
|
(7) a felony of the first degree if the value of the |
|
property or the amount of credit is $300,000 [$200,000] or more. |
|
SECTION 17. Sections 32.33(d) and (e), Penal Code, are |
|
amended to read as follows: |
|
(d) An offense under Subsection (b) is a: |
|
(1) Class C misdemeanor if the value of the property |
|
destroyed, removed, concealed, encumbered, or otherwise harmed or |
|
reduced in value is less than $100 [$20]; |
|
(2) Class B misdemeanor if the value of the property |
|
destroyed, removed, concealed, encumbered, or otherwise harmed or |
|
reduced in value is $100 [$20] or more but less than $750 [$500]; |
|
(3) Class A misdemeanor if the value of the property |
|
destroyed, removed, concealed, encumbered, or otherwise harmed or |
|
reduced in value is $750 [$500] or more but less than $2,500 |
|
[$1,500]; |
|
(4) state jail felony if the value of the property |
|
destroyed, removed, concealed, encumbered, or otherwise harmed or |
|
reduced in value is $2,500 [$1,500] or more but less than $30,000 |
|
[$20,000]; |
|
(5) felony of the third degree if the value of the |
|
property destroyed, removed, concealed, encumbered, or otherwise |
|
harmed or reduced in value is $30,000 [$20,000] or more but less |
|
than $150,000 [$100,000]; |
|
(6) felony of the second degree if the value of the |
|
property destroyed, removed, concealed, encumbered, or otherwise |
|
harmed or reduced in value is $150,000 [$100,000] or more but less |
|
than $300,000 [$200,000]; or |
|
(7) felony of the first degree if the value of the |
|
property destroyed, removed, concealed, encumbered, or otherwise |
|
harmed or reduced in value is $300,000 [$200,000] or more. |
|
(e) A person who is a debtor under a security agreement, and |
|
who does not have a right to sell or dispose of the secured property |
|
or is required to account to the secured party for the proceeds of a |
|
permitted sale or disposition, commits an offense if the person |
|
sells or otherwise disposes of the secured property, or does not |
|
account to the secured party for the proceeds of a sale or other |
|
disposition as required, with intent to appropriate (as defined in |
|
Chapter 31) the proceeds or value of the secured property. A person |
|
is presumed to have intended to appropriate proceeds if the person |
|
does not deliver the proceeds to the secured party or account to the |
|
secured party for the proceeds before the 11th day after the day |
|
that the secured party makes a lawful demand for the proceeds or |
|
account. An offense under this subsection is: |
|
(1) a Class C misdemeanor if the proceeds obtained |
|
from the sale or other disposition are money or goods having a value |
|
of less than $100 [$20]; |
|
(2) a Class B misdemeanor if the proceeds obtained |
|
from the sale or other disposition are money or goods having a value |
|
of $100 [$20] or more but less than $750 [$500]; |
|
(3) a Class A misdemeanor if the proceeds obtained |
|
from the sale or other disposition are money or goods having a value |
|
of $750 [$500] or more but less than $2,500 [$1,500]; |
|
(4) a state jail felony if the proceeds obtained from |
|
the sale or other disposition are money or goods having a value of |
|
$2,500 [$1,500] or more but less than $30,000 [$20,000]; |
|
(5) a felony of the third degree if the proceeds |
|
obtained from the sale or other disposition are money or goods |
|
having a value of $30,000 [$20,000] or more but less than $150,000 |
|
[$100,000]; |
|
(6) a felony of the second degree if the proceeds |
|
obtained from the sale or other disposition are money or goods |
|
having a value of $150,000 [$100,000] or more but less than $300,000 |
|
[$200,000]; or |
|
(7) a felony of the first degree if the proceeds |
|
obtained from the sale or other disposition are money or goods |
|
having a value of $300,000 [$200,000] or more. |
|
SECTION 18. Section 32.34(f), Penal Code, is amended to |
|
read as follows: |
|
(f) An offense under Subsection (b)(1), (b)(2), or (b)(3) |
|
is: |
|
(1) a state jail felony if the value of the motor |
|
vehicle is less than $30,000 [$20,000]; [or] |
|
(2) a felony of the third degree if the value of the |
|
motor vehicle is $30,000 [$20,000] or more but less than $150,000; |
|
(3) a felony of the second degree if the value of the |
|
motor vehicle is $150,000 or more but less than $300,000; or |
|
(4) a felony of the first degree if the value of the |
|
motor vehicle is $300,000 or more. |
|
SECTION 19. Section 32.35(e), Penal Code, is amended to |
|
read as follows: |
|
(e) An offense under this section is a: |
|
(1) Class C misdemeanor if the amount of the record of |
|
a sale is less than $100 [$20]; |
|
(2) Class B misdemeanor if the amount of the record of |
|
a sale is $100 [$20] or more but less than $750 [$500]; |
|
(3) Class A misdemeanor if the amount of the record of |
|
a sale is $750 [$500] or more but less than $2,500 [$1,500]; |
|
(4) state jail felony if the amount of the record of a |
|
sale is $2,500 [$1,500] or more but less than $30,000 [$20,000]; |
|
(5) felony of the third degree if the amount of the |
|
record of a sale is $30,000 [$20,000] or more but less than $150,000 |
|
[$100,000]; |
|
(6) felony of the second degree if the amount of the |
|
record of a sale is $150,000 [$100,000] or more but less than |
|
$300,000 [$200,000]; or |
|
(7) felony of the first degree if the amount of the |
|
record of a sale is $300,000 [$200,000] or more. |
|
SECTION 20. Section 32.441(e), Penal Code, is amended to |
|
read as follows: |
|
(e) An offense under this section is a: |
|
(1) Class C misdemeanor if the value of the benefit is |
|
less than $100 [$20]; |
|
(2) Class B misdemeanor if the value of the benefit is |
|
$100 [$20] or more but less than $750 [$500]; |
|
(3) Class A misdemeanor if the value of the benefit is |
|
$750 [$500] or more but less than $2,500 [$1,500]; |
|
(4) state jail felony if the value of the benefit is |
|
$2,500 [$1,500] or more but less than $30,000 [$20,000]; |
|
(5) felony of the third degree if the value of the |
|
benefit is $30,000 [$20,000] or more but less than $150,000 |
|
[$100,000]; |
|
(6) felony of the second degree if the value of the |
|
benefit is $150,000 [$100,000] or more but less than $300,000 |
|
[$200,000]; or |
|
(7) felony of the first degree if the value of the |
|
benefit is $300,000 [$200,000] or more. |
|
SECTION 21. Section 32.45(c), Penal Code, is amended to |
|
read as follows: |
|
(c) An offense under this section is: |
|
(1) a Class C misdemeanor if the value of the property |
|
misapplied is less than $100 [$20]; |
|
(2) a Class B misdemeanor if the value of the property |
|
misapplied is $100 [$20] or more but less than $750 [$500]; |
|
(3) a Class A misdemeanor if the value of the property |
|
misapplied is $750 [$500] or more but less than $2,500 [$1,500]; |
|
(4) a state jail felony if the value of the property |
|
misapplied is $2,500 [$1,500] or more but less than $30,000 |
|
[$20,000]; |
|
(5) a felony of the third degree if the value of the |
|
property misapplied is $30,000 [$20,000] or more but less than |
|
$150,000 [$100,000]; |
|
(6) a felony of the second degree if the value of the |
|
property misapplied is $150,000 [$100,000] or more but less than |
|
$300,000 [$200,000]; or |
|
(7) a felony of the first degree if the value of the |
|
property misapplied is $300,000 [$200,000] or more. |
|
SECTION 22. Section 32.46(b), Penal Code, is amended to |
|
read as follows: |
|
(b) An offense under Subsection (a)(1) is a: |
|
(1) Class C misdemeanor if the value of the property, |
|
service, or pecuniary interest is less than $100 [$20]; |
|
(2) Class B misdemeanor if the value of the property, |
|
service, or pecuniary interest is $100 [$20] or more but less than |
|
$750 [$500]; |
|
(3) Class A misdemeanor if the value of the property, |
|
service, or pecuniary interest is $750 [$500] or more but less than |
|
$2,500 [$1,500]; |
|
(4) state jail felony if the value of the property, |
|
service, or pecuniary interest is $2,500 [$1,500] or more but less |
|
than $30,000 [$20,000]; |
|
(5) felony of the third degree if the value of the |
|
property, service, or pecuniary interest is $30,000 [$20,000] or |
|
more but less than $150,000 [$100,000]; |
|
(6) felony of the second degree if the value of the |
|
property, service, or pecuniary interest is $150,000 [$100,000] or |
|
more but less than $300,000 [$200,000]; or |
|
(7) felony of the first degree if the value of the |
|
property, service, or pecuniary interest is $300,000 [$200,000] or |
|
more. |
|
SECTION 23. Section 33.02(b-2), Penal Code, is amended to |
|
read as follows: |
|
(b-2) An offense under Subsection (b-1) is: |
|
(1) a Class C misdemeanor if the aggregate amount |
|
involved is less than $100; |
|
(2) a Class B misdemeanor if the aggregate amount |
|
involved is $100 or more but less than $750; |
|
(3) a Class A misdemeanor if the aggregate amount |
|
involved is $750 or more but less than $2,500; |
|
(4) [(1)] a state jail felony if the aggregate amount |
|
involved is $2,500 or more but less than $30,000 [$20,000]; |
|
(5) [(2)] a felony of the third degree if the |
|
aggregate amount involved is $30,000 [$20,000] or more but less |
|
than $150,000 [$100,000]; |
|
(6) [(3)] a felony of the second degree if: |
|
(A) the aggregate amount involved is $150,000 |
|
[$100,000] or more but less than $300,000 [$200,000]; |
|
(B) the aggregate amount involved is any amount |
|
less than $300,000 [$200,000] and the computer, computer network, |
|
or computer system is owned by the government or a critical |
|
infrastructure facility; or |
|
(C) the actor obtains the identifying |
|
information of another by accessing only one computer, computer |
|
network, or computer system; or |
|
(7) [(4)] a felony of the first degree if: |
|
(A) the aggregate amount involved is $300,000 |
|
[$200,000] or more; or |
|
(B) the actor obtains the identifying |
|
information of another by accessing more than one computer, |
|
computer network, or computer system. |
|
SECTION 24. Section 34.02(e), Penal Code, is amended to |
|
read as follows: |
|
(e) An offense under this section is: |
|
(1) a state jail felony if the value of the funds is |
|
$2,500 [$1,500] or more but less than $30,000 [$20,000]; |
|
(2) a felony of the third degree if the value of the |
|
funds is $30,000 [$20,000] or more but less than $150,000 |
|
[$100,000]; |
|
(3) a felony of the second degree if the value of the |
|
funds is $150,000 [$100,000] or more but less than $300,000 |
|
[$200,000]; or |
|
(4) a felony of the first degree if the value of the |
|
funds is $300,000 [$200,000] or more. |
|
SECTION 25. Section 35.02(c), Penal Code, is amended to |
|
read as follows: |
|
(c) An offense under Subsection (a) or (b) is: |
|
(1) a Class C misdemeanor if the value of the claim is |
|
less than $100 [$50]; |
|
(2) a Class B misdemeanor if the value of the claim is |
|
$100 [$50] or more but less than $750 [$500]; |
|
(3) a Class A misdemeanor if the value of the claim is |
|
$750 [$500] or more but less than $2,500 [$1,500]; |
|
(4) a state jail felony if the value of the claim is |
|
$2,500 [$1,500] or more but less than $30,000 [$20,000]; |
|
(5) a felony of the third degree if the value of the |
|
claim is $30,000 [$20,000] or more but less than $150,000 |
|
[$100,000]; |
|
(6) a felony of the second degree if the value of the |
|
claim is $150,000 [$100,000] or more but less than $300,000 |
|
[$200,000]; or |
|
(7) a felony of the first degree if: |
|
(A) the value of the claim is $300,000 [$200,000] |
|
or more; or |
|
(B) an act committed in connection with the |
|
commission of the offense places a person at risk of death or |
|
serious bodily injury. |
|
SECTION 26. Section 35.025(b), Penal Code, is amended to |
|
read as follows: |
|
(b) If goods or services that are the subject of a claim |
|
cannot be reasonably ascertained under Subsection (a), the goods or |
|
services are considered to have a value of $750 [$500] or more but |
|
less than $2,500 [$1,500]. |
|
SECTION 27. Section 35A.02(b), Penal Code, is amended to |
|
read as follows: |
|
(b) An offense under this section is: |
|
(1) a Class C misdemeanor if the amount of any payment |
|
or the value of any monetary or in-kind benefit provided or claim |
|
for payment made under the Medicaid program, directly or |
|
indirectly, as a result of the conduct is less than $100 [$50]; |
|
(2) a Class B misdemeanor if the amount of any payment |
|
or the value of any monetary or in-kind benefit provided or claim |
|
for payment made under the Medicaid program, directly or |
|
indirectly, as a result of the conduct is $100 [$50] or more but |
|
less than $750 [$500]; |
|
(3) a Class A misdemeanor if the amount of any payment |
|
or the value of any monetary or in-kind benefit provided or claim |
|
for payment made under the Medicaid program, directly or |
|
indirectly, as a result of the conduct is $750 [$500] or more but |
|
less than $2,500 [$1,500]; |
|
(4) a state jail felony if: |
|
(A) the amount of any payment or the value of any |
|
monetary or in-kind benefit provided or claim for payment made |
|
under the Medicaid program, directly or indirectly, as a result of |
|
the conduct is $2,500 [$1,500] or more but less than $30,000 |
|
[$20,000]; |
|
(B) the offense is committed under Subsection |
|
(a)(11); or |
|
(C) it is shown on the trial of the offense that |
|
the amount of the payment or value of the benefit described by this |
|
subsection cannot be reasonably ascertained; |
|
(5) a felony of the third degree if: |
|
(A) the amount of any payment or the value of any |
|
monetary or in-kind benefit provided or claim for payment made |
|
under the Medicaid program, directly or indirectly, as a result of |
|
the conduct is $30,000 [$20,000] or more but less than $150,000 |
|
[$100,000]; or |
|
(B) it is shown on the trial of the offense that |
|
the defendant submitted more than 25 but fewer than 50 fraudulent |
|
claims under the Medicaid program and the submission of each claim |
|
constitutes conduct prohibited by Subsection (a); |
|
(6) a felony of the second degree if: |
|
(A) the amount of any payment or the value of any |
|
monetary or in-kind benefit provided or claim for payment made |
|
under the Medicaid program, directly or indirectly, as a result of |
|
the conduct is $150,000 [$100,000] or more but less than $300,000 |
|
[$200,000]; or |
|
(B) it is shown on the trial of the offense that |
|
the defendant submitted 50 or more fraudulent claims under the |
|
Medicaid program and the submission of each claim constitutes |
|
conduct prohibited by Subsection (a); or |
|
(7) a felony of the first degree if the amount of any |
|
payment or the value of any monetary or in-kind benefit provided or |
|
claim for payment made under the Medicaid program, directly or |
|
indirectly, as a result of the conduct is $300,000 [$200,000] or |
|
more. |
|
SECTION 28. Section 39.02(c), Penal Code, is amended to |
|
read as follows: |
|
(c) An offense under Subsection (a)(2) is: |
|
(1) a Class C misdemeanor if the value of the use of |
|
the thing misused is less than $100 [$20]; |
|
(2) a Class B misdemeanor if the value of the use of |
|
the thing misused is $100 [$20] or more but less than $750 [$500]; |
|
(3) a Class A misdemeanor if the value of the use of |
|
the thing misused is $750 [$500] or more but less than $2,500 |
|
[$1,500]; |
|
(4) a state jail felony if the value of the use of the |
|
thing misused is $2,500 [$1,500] or more but less than $30,000 |
|
[$20,000]; |
|
(5) a felony of the third degree if the value of the |
|
use of the thing misused is $30,000 [$20,000] or more but less than |
|
$150,000 [$100,000]; |
|
(6) a felony of the second degree if the value of the |
|
use of the thing misused is $150,000 [$100,000] or more but less |
|
than $300,000 [$200,000]; or |
|
(7) a felony of the first degree if the value of the |
|
use of the thing misused is $300,000 [$200,000] or more. |
|
SECTION 29. (a) A commission is created to study and review |
|
all penal laws of this state other than criminal offenses: |
|
(1) under the Penal Code; |
|
(2) under Chapter 481, Health and Safety Code; or |
|
(3) related to the operation of a motor vehicle. |
|
(b) The commission shall: |
|
(1) evaluate all laws described by Subsection (a) of |
|
this section; and |
|
(2) make recommendations to the legislature regarding |
|
the repeal of laws that are identified as being unnecessary, |
|
unclear, duplicative, overly broad, or otherwise insufficient to |
|
serve the intended purpose of the law. |
|
(c) The commission is composed of nine members appointed as |
|
follows: |
|
(1) two members appointed by the governor; |
|
(2) two members appointed by the lieutenant governor; |
|
(3) two members appointed by the speaker of the house |
|
of representatives; |
|
(4) two members appointed by the chief justice of the |
|
Supreme Court of Texas; and |
|
(5) one member appointed by the presiding judge of the |
|
Texas Court of Criminal Appeals. |
|
(d) The officials making appointments to the commission |
|
under Subsection (c) of this section shall ensure that the |
|
membership of the commission includes representatives of all areas |
|
of the criminal justice system, including prosecutors, defense |
|
attorneys, judges, legal scholars, and relevant business |
|
interests. |
|
(e) The governor shall designate one member of the |
|
commission to serve as the presiding officer of the commission. |
|
(f) A member of the commission is not entitled to |
|
compensation or reimbursement of expenses. |
|
(g) The commission shall meet at the call of the presiding |
|
officer. |
|
(h) Not later than November 1, 2016, the commission shall |
|
report the commission's findings and recommendations to the |
|
governor, the lieutenant governor, the speaker of the house of |
|
representatives, the Supreme Court of Texas, the Texas Court of |
|
Criminal Appeals, and the standing committees of the house of |
|
representatives and the senate with primary jurisdiction over |
|
criminal justice. The commission shall include in its |
|
recommendations any specific statutes that the commission |
|
recommends revising or repealing. |
|
(i) Not later than November 1, 2015, the governor, the |
|
lieutenant governor, the speaker of the house of representatives, |
|
the chief justice of the Supreme Court of Texas, and the presiding |
|
judge of the Texas Court of Criminal Appeals shall appoint the |
|
members of the commission created under this section. |
|
(j) The commission is abolished and this section expires |
|
December 31, 2016. |
|
SECTION 30. (a) The changes in law made by this Act to the |
|
Penal Code apply 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 on the |
|
date the offense was committed, and the former law is continued in |
|
effect for that purpose. For purposes of this subsection, an |
|
offense was committed before the effective date of this Act if any |
|
element of the offense occurred before that date. |
|
(b) The change in law made by Section 311.035, Government |
|
Code, as added by this Act, applies only to a criminal proceeding |
|
that commences on or after the effective date of this Act. A |
|
criminal proceeding that commences before the effective date of |
|
this Act is governed by the law in effect on the date the proceeding |
|
commenced, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 31. This Act takes effect September 1, 2015. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1396 was passed by the House on May |
|
13, 2015, by the following vote: Yeas 142, Nays 2, 2 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 1396 on May 29, 2015, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 1396 on May 31, 2015, by the following vote: Yeas 141, |
|
Nays 2, 2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1396 was passed by the Senate, with |
|
amendments, on May 27, 2015, by the following vote: Yeas 30, Nays |
|
1; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
1396 on May 31, 2015, by the following vote: Yeas 30, Nays 1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |