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A BILL TO BE ENTITLED
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AN ACT
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relating to certain criminal offenses involving mail or a mail |
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receptacle key or lock; creating a criminal offense; increasing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.20(a), Penal Code, is amended by |
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amending Subdivision (3) and adding Subdivision (4) to read as |
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follows: |
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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: |
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(i) is in transit; or |
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(ii) has been delivered but not yet |
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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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(4) "Negotiable instrument" has the meaning assigned |
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by Section 3.104, Business & Commerce Code. |
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SECTION 2. Section 31.20, Penal Code, is amended by |
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amending Subsections (b) and (d) and adding Subsections (d-1) and |
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(e-1) to read as follows: |
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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] |
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without the effective consent of the addressee and with the intent |
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to: |
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(1) deprive that addressee of the mail; or |
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(2) steal a negotiable instrument. |
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(d) If it is shown on the trial of an offense under |
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Subsection (b)(1) [this section] that the appropriated mail |
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contained an item of identifying information and the actor |
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committed the offense with the intent to facilitate an offense |
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under Section 32.51, the [an] offense [under this 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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(d-1) If it is shown on the trial of an offense under |
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Subsection (b)(2) that the appropriated mail contained a negotiable |
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instrument and the actor committed the offense with the intent to |
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facilitate an offense under Chapter 32, the offense is: |
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(1) a state jail felony if five or fewer negotiable |
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instruments are appropriated; |
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(2) a felony of the third degree if more than 5 but |
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fewer than 10 negotiable instruments are appropriated; |
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(3) a felony of the second degree if at least 10 but |
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fewer than 50 negotiable instruments are appropriated; or |
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(4) a felony of the first degree if 50 or more |
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negotiable instruments are appropriated. |
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(e-1) An offense described for purposes of punishment by |
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Subsection (d-1)(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 a negotiable |
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instrument was a disabled individual or an elderly individual. |
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SECTION 3. Subchapter D, Chapter 32, Penal Code, is amended |
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by adding Section 32.56 to read as follows: |
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Sec. 32.56. UNLAWFUL CONDUCT INVOLVING MAIL RECEPTACLE KEY |
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OR LOCK. (a) In this section: |
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(1) "Mail" has the meaning assigned by Section 31.20. |
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(2) "Postal service" means: |
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(A) the United States Postal Service or a |
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contractor of the United States Postal Service; or |
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(B) any commercial courier that delivers mail. |
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(b) A person commits an offense if, with the intent to harm |
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or defraud another or to deprive another of that person's property, |
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the person obtains, possesses, duplicates, transfers, or uses a key |
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or lock adopted by a postal service for any box or other authorized |
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receptacle for the deposit or delivery of mail. |
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(c) An offense under this section is a felony of the third |
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degree, except that the offense is a felony of the second degree if |
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it is shown on the trial of the offense that the actor has been |
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previously convicted of an offense under this section. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2025. |
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* * * * * |