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A BILL TO BE ENTITLED
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AN ACT
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relating to the venue for the prosecution of certain criminal |
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conduct involving theft. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 13A.251, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) An offense involving theft of intangible personal |
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property may be prosecuted in the county: |
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(1) in which the person whose property was unlawfully |
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appropriated resides; |
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(2) in which the defendant is apprehended; or |
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(3) to which the defendant is extradited. |
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SECTION 2. Article 13A.501, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 13A.501. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. |
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Engaging in organized criminal activity may be prosecuted in: |
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(1) any county in which an act is committed to effect |
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an objective of the combination; |
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(2) if the prosecution is based on an offense |
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involving theft of intangible personal property, the county: |
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(A) in which the person whose property was |
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unlawfully appropriated resides; |
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(B) in which the defendant is apprehended; or |
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(C) to which the defendant is extradited; |
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(3) if the prosecution is based on an offense |
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classified as a felony under Chapter 32, Penal Code: |
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(A) any county in which a victim resides; |
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(B) the county in which the defendant is |
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apprehended; or |
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(C) the county to which the defendant is |
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extradited; or |
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(4) [(2)] if the prosecution is based on an offense |
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classified as a felony under the Tax Code, any county in which venue |
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is proper under the Tax Code for the offense. |
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SECTION 3. The change in law made by this Act applies only |
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to the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |