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AN ACT
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relating to the creation of the criminal offense of mail theft. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 31, Penal Code, is amended by adding |
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Section 31.20 to read as follows: |
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Sec. 31.20. MAIL THEFT. (a) In this section: |
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(1) "Disabled individual" and "elderly individual" |
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have the meanings assigned by Section 22.04. |
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(2) "Identifying information" has the meaning |
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assigned by Section 32.51. |
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(3) "Mail" means a letter, postal card, package, bag, |
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or other sealed article that: |
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(A) is delivered by a common carrier or delivery |
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service and not yet received by the addressee; or |
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(B) has been left to be collected for delivery by |
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a common carrier or delivery service. |
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(b) A person commits an offense if the person intentionally |
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appropriates mail from another person's mailbox or premises without |
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the effective consent of the addressee and with the intent to |
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deprive that addressee of the mail. |
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(c) Except as provided by Subsections (d) and (e), an |
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offense under this section is: |
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(1) a Class A misdemeanor if the mail is appropriated |
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from fewer than 10 addressees; |
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(2) a state jail felony if the mail is appropriated |
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from at least 10 but fewer than 30 addressees; or |
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(3) a felony of the third degree if the mail is |
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appropriated from 30 or more addressees. |
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(d) If it is shown on the trial of an offense under this |
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section that the appropriated mail contained an item of identifying |
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information and the actor committed the offense with the intent to |
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facilitate an offense under Section 32.51, an offense under this |
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section is: |
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(1) a state jail felony if the mail is appropriated |
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from fewer than 10 addressees; |
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(2) a felony of the third degree if the mail is |
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appropriated from at least 10 but fewer than 20 addressees; |
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(3) a felony of the second degree if the mail is |
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appropriated from at least 20 but fewer than 50 addressees; or |
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(4) a felony of the first degree if the mail is |
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appropriated from 50 or more addressees. |
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(e) An offense described for purposes of punishment by |
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Subsection (d)(1), (2), or (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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at the time of the offense the actor knew or had reason to believe |
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that an addressee from whom the actor appropriated mail was a |
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disabled individual or an elderly individual. |
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(f) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 37 was passed by the House on May 8, |
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2019, by the following vote: Yeas 135, Nays 2, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 37 was passed by the Senate on May 22, |
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2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |