| |
|
|
|
| |
|
|
COMMITTEE VOTE |
|
|
|
| |
|
|
YeaNayAbsentPNV |
|
|
HughesX |
|
|
JohnsonX |
|
|
CreightonX |
|
|
HinojosaX |
|
|
MiddletonX |
|
|
|
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to a merchant allowing a person suspected of committing or |
|
|
attempting to commit theft to complete a theft education program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Kevin Kolbye Act. |
|
|
SECTION 2. Section 124.001, Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
Sec. 124.001. SUSPECTED THEFT OF PROPERTY OR ATTEMPTED |
|
|
THEFT OF PROPERTY [DETENTION]. (a) A person who reasonably |
|
|
believes that another has stolen or is attempting to steal property |
|
|
is privileged to detain that person in a reasonable manner and for a |
|
|
reasonable time to investigate ownership of the property. |
|
|
(b) A person who is in the business of selling goods or |
|
|
services as a merchant is not precluded from offering a person who |
|
|
is suspected of stealing or attempting to steal property from the |
|
|
merchant an opportunity to complete a theft education program under |
|
|
Section 124.002 to deter theft and address criminal behavior |
|
|
instead of reporting the suspected offense to a law enforcement |
|
|
agency. |
|
|
(c) A merchant who offers a person an opportunity to |
|
|
complete a theft education program shall: |
|
|
(1) notify the person of that opportunity; |
|
|
(2) inform the person of the civil and criminal |
|
|
remedies available to the merchant and the state, including |
|
|
informing the person that the merchant retains the right to report |
|
|
the suspected offense to a law enforcement agency if the person does |
|
|
not successfully complete the program; and |
|
|
(3) maintain records for a period of not less than two |
|
|
years of: |
|
|
(A) any criteria used by the merchant in |
|
|
determining whether to offer a person the opportunity to complete a |
|
|
theft education program; |
|
|
(B) the terms of each offer made; and |
|
|
(C) the name of each person to whom the merchant |
|
|
made an offer. |
|
|
(d) A merchant shall make records maintained under |
|
|
Subsection (c)(3) available to a district attorney, criminal |
|
|
district attorney, or county attorney on request. |
|
|
(e) Nothing in this section precludes a peace officer, |
|
|
district attorney, criminal district attorney, county attorney, or |
|
|
judge from offering a person a theft education program under |
|
|
Section 124.002 in compliance with this chapter. |
|
|
SECTION 3. Chapter 124, Civil Practice and Remedies Code, |
|
|
is amended by adding Sections 124.002 and 124.003 to read as |
|
|
follows: |
|
|
Sec. 124.002. THEFT EDUCATION PROGRAM. (a) A theft |
|
|
education program for a person who is suspected of stealing or |
|
|
attempting to steal property under Section 124.001 must: |
|
|
(1) address the type of alleged criminal offense; |
|
|
(2) seek to modify the person's behavioral |
|
|
decision-making process; |
|
|
(3) engage the person with interactive exercises |
|
|
designed to instill appropriate societal behavior; and |
|
|
(4) promote accountability and reconciliation between |
|
|
the person and the merchant. |
|
|
(b) A provider of a theft education program may not |
|
|
discriminate against a person who is otherwise eligible to |
|
|
participate in the program based on: |
|
|
(1) the person's race, color, religion, sex, familial |
|
|
status, or national origin; or |
|
|
(2) the person's ability to pay. |
|
|
(c) A program provider that charges a fee for participation |
|
|
in a theft education program: |
|
|
(1) shall develop a plan to offer discounts, |
|
|
alternative payment schedules, or scholarship funds to a person who |
|
|
the provider has verified is indigent; |
|
|
(2) may reduce or waive the fee for the program based |
|
|
on the ability to pay of a person described by Subdivision (1); and |
|
|
(3) may not compensate a merchant who offers a person |
|
|
the opportunity to complete the program. |
|
|
(d) A person may not be required to make an admission of |
|
|
guilt to participate in a theft education program. |
|
|
(e) Notwithstanding any other law, a person who |
|
|
successfully completes a theft education program under this section |
|
|
may not be subject to any additional civil penalties under any other |
|
|
provision of law. |
|
|
Sec. 124.003. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY. |
|
|
A person who offers or provides a theft education program in |
|
|
compliance with this chapter is not criminally or civilly liable |
|
|
for failure to notify a law enforcement agency of the suspected |
|
|
theft or attempted theft. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |