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AN ACT
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relating to the prosecution and punishment of certain theft |
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offenses. |
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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 31.16 to read as follows: |
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Sec. 31.16. ORGANIZED RETAIL THEFT. (a) In this section, |
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"retail merchandise" means one or more items of tangible personal |
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property displayed, held, stored, or offered for sale in a retail |
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establishment. |
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(b) A person commits an offense if the person intentionally |
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conducts, promotes, or facilitates an activity in which the person |
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receives, possesses, conceals, stores, barters, sells, or disposes |
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of a total value of not less than $1,500 of: |
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(1) stolen retail merchandise; or |
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(2) merchandise explicitly represented to the person |
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as being stolen retail merchandise. |
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(c) An offense under this section is: |
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(1) a state jail felony if the total value of the |
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merchandise involved in the activity is $1,500 or more but less than |
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$20,000; |
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(2) a felony of the third degree if the total value of |
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the merchandise involved in the activity is $20,000 or more but less |
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than $100,000; |
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(3) a felony of the second degree if the total value of |
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the merchandise involved in the activity is $100,000 or more but |
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less than $200,000; or |
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(4) a felony of the first degree if the total value of |
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the merchandise involved in the activity is $200,000 or more. |
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(d) An offense described for purposes of punishment by |
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Subsections (c)(1)-(3) is increased to the next higher category of |
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offense if it is shown on the trial of the offense that the person |
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organized, supervised, financed, or managed one or more other |
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persons engaged in an activity described by Subsection (b). |
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(e) For the purposes of punishment, an offense under this |
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section or an offense described by Section 31.03(e)(1) or (2) is |
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increased to the next highest category of offense if it is shown at |
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the trial of the offense that the defendant, with the intent that a |
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distraction from the commission of the offense be created, |
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intentionally, knowingly, or recklessly caused an alarm to sound or |
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otherwise become activated during the commission of the offense. |
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SECTION 2. Article 13.08, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 13.08. THEFT; ORGANIZED RETAIL THEFT. (a) Where |
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property is stolen in one county and removed by the offender to |
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another county, the offender may be prosecuted either in the county |
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where he took the property or in any other county through or into |
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which he may have removed the same. |
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(b) An offense under Section 31.16, Penal Code, may be |
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prosecuted in any county in which an underlying theft could have |
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been prosecuted as a separate offense. |
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SECTION 3. The change in law made by this Act in adding |
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Section 31.16(e), Penal Code, applies only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect at the time the offense was committed, and the former law is |
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continued in effect for that purpose. For the purposes of this |
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section, an offense is committed before the effective date of this |
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Act if any element of the offense occurs before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |
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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. 3584 was passed by the House on May |
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11, 2007, by the following vote: Yeas 138, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3584 on May 25, 2007, by the following vote: Yeas 141, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3584 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 30, Nays |
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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 |