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A BILL TO BE ENTITLED
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AN ACT
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relating to mail theft and certain criminal offenses committed |
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against an employee or contractor of a common carrier or delivery |
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service delivering mail; increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.01(b) and (d), Penal Code, are |
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amended to read as follows: |
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(b) An offense under Subsection (a)(1) is a Class A |
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misdemeanor, except that the offense is a felony of the third degree |
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if the offense is committed against: |
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(1) a person the actor knows is a public servant while |
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the public servant is lawfully discharging an official duty, or in |
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retaliation or on account of an exercise of official power or |
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performance of an official duty as a public servant; |
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(2) a person whose relationship to or association with |
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the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code, if: |
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(A) it is shown on the trial of the offense that |
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the defendant has been previously convicted of an offense that was |
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committed: |
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(i) against a person whose relationship to |
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or association with the defendant is described by Section |
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71.0021(b), 71.003, or 71.005, Family Code; and |
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(ii) under: |
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(a) this chapter, Chapter 19, or |
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Section 20.03, 20.04, 21.11, or 25.11; |
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(b) Section 25.07, if the applicable |
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violation was based on the commission of family violence as |
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described by Subsection (a)(1) of that section; or |
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(c) Section 25.072, if any of the |
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applicable violations were based on the commission of family |
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violence as described by Section 25.07(a)(1); or |
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(B) the offense is committed by intentionally, |
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knowingly, or recklessly impeding the normal breathing or |
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circulation of the blood of the person by applying pressure to the |
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person's throat or neck or by blocking the person's nose or mouth; |
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(3) a person who contracts with government to perform |
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a service in a facility described by Section 1.07(a)(14), Penal |
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Code, or Section 51.02(13) or (14), Family Code, or an employee of |
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that person: |
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(A) while the person or employee is engaged in |
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performing a service within the scope of the contract, if the actor |
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knows the person or employee is authorized by government to provide |
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the service; or |
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(B) in retaliation for or on account of the |
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person's or employee's performance of a service within the scope of |
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the contract; |
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(4) a person the actor knows is a security officer |
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while the officer is performing a duty as a security officer; |
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(5) a person the actor knows is emergency services |
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personnel while the person is providing emergency services; |
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(6) a person the actor knows is a process server while |
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the person is performing a duty as a process server; |
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(7) a pregnant individual to force the individual to |
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have an abortion; |
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(8) a person the actor knows is pregnant at the time of |
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the offense; |
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(9) a person the actor knows is hospital personnel |
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while the person is located on hospital property, including all |
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land and buildings owned or leased by the hospital; [or] |
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(10) a person the actor knows or reasonably should |
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know is an employee or agent of a utility while the person is |
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performing a duty within the scope of that employment or agency; or |
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(11) a person the actor knows is an employee or |
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contractor of a common carrier or delivery service while the person |
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is performing a duty relating to the delivery of mail, as defined by |
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Section 31.20. |
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(d) For purposes of Subsection (b), the actor is presumed to |
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have known the person assaulted was a public servant, a security |
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officer, an employee or agent of a utility, an employee or |
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contractor of a common carrier or delivery service, or emergency |
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services personnel if the person was wearing a distinctive uniform |
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or badge indicating the person's employment, agency, or status, as |
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applicable. |
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SECTION 2. Sections 22.02(b) and (c), Penal Code, are |
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amended to read as follows: |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if: |
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(1) the actor uses a deadly weapon during the |
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commission of the assault and causes: |
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(A) serious bodily injury to a person whose |
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relationship to or association with the defendant is described by |
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Section 71.0021(b), 71.003, or 71.005, Family Code; or |
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(B) a traumatic brain or spine injury to another |
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that results in a persistent vegetative state or irreversible |
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paralysis; |
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(2) regardless of whether the offense is committed |
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under Subsection (a)(1) or (a)(2), the offense is committed: |
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(A) by a public servant acting under color of the |
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servant's office or employment; |
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(B) against a person the actor knows is a public |
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servant while the public servant is lawfully discharging an |
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official duty, or in retaliation or on account of an exercise of |
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official power or performance of an official duty as a public |
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servant; |
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(C) in retaliation against or on account of the |
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service of another as a witness, prospective witness, informant, or |
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person who has reported the occurrence of a crime; |
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(D) against a person the actor knows is a process |
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server while the person is performing a duty as a process server; |
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(E) against a person the actor knows is a |
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security officer while the officer is performing a duty as a |
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security officer; [or] |
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(F) by an actor who is committed to a civil |
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commitment facility, against: |
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(i) a person the actor knows is an officer |
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or employee of the Texas Civil Commitment Office: |
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(a) while the officer or employee is |
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lawfully discharging an official duty; or |
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(b) in retaliation for or on account |
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of an exercise of official power or performance of an official duty |
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by the officer or employee; or |
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(ii) a person the actor knows is |
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contracting with the state to perform a service in a civil |
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commitment facility or an employee of that person: |
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(a) while the person or employee is |
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engaged in performing a service within the scope of the contract; or |
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(b) in retaliation for or on account |
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of the person's or employee's performance of a service within the |
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scope of the contract; or |
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(G) against a person the actor knows is an |
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employee or contractor of a common carrier or delivery service |
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while the person is performing a duty relating to the delivery of |
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mail, as defined by Section 31.20; |
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(3) the actor is inside of or directly en route to or |
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from a motor vehicle, as defined by Section 501.002, Transportation |
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Code, and: |
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(A) knowingly discharges a firearm at or in the |
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direction of a habitation, building, or vehicle; |
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(B) is reckless as to whether the habitation, |
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building, or vehicle is occupied; and |
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(C) in discharging the firearm: |
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(i) causes bodily injury to any person or |
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damage to any property; or |
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(ii) places any person in fear of imminent |
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serious bodily injury; or |
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(4) the actor commits the assault as part of a mass |
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shooting. |
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(c) The actor is presumed to have known the person assaulted |
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was a public servant, [or] a security officer, or an employee or |
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contractor of a common carrier or delivery service if the person was |
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wearing a distinctive uniform or badge indicating the person's |
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employment [as a public servant] or status, as applicable [a |
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security officer]. |
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SECTION 3. Sections 31.20(c), (d), and (e), Penal Code, are |
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amended to read as follows: |
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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 state jail felony [Class A misdemeanor] if the |
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mail is appropriated from fewer than 10 addressees; |
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(2) a [state jail] felony of the third degree if the |
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mail is appropriated from at least 10 but fewer than 30 addressees; |
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or |
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(3) a felony of the second [third] degree if the mail |
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is appropriated from 30 or more addressees. |
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(d) If it is shown on the trial of an offense under |
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Subsection (b)(1) that the appropriated mail contained an item of |
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identifying information and the actor committed the offense with |
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the intent to facilitate an offense under Section 32.51, the |
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offense 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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(2) [(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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(3) [(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 (2) [(3)] is increased to the next |
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higher category of offense if it is shown on the trial of the |
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offense that at the time of the offense the actor knew or had reason |
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to believe that an addressee from whom the actor appropriated mail |
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was a disabled individual or an elderly individual. |
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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, 2027. |