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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of cargo theft. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 13.08, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 13.08. THEFT; ORGANIZED RETAIL THEFT; CARGO THEFT. |
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SECTION 2. Article 13.08(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) An offense under Section 31.16 or 31.18, Penal Code, may |
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be 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. Chapter 31, Penal Code, is amended by adding |
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Section 31.18 to read as follows: |
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Sec. 31.18. CARGO THEFT. (a) In this section: |
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(1) "Cargo" means goods, as defined by Section 7.102, |
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Business & Commerce Code, that constitute, wholly or partly, a |
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commercial shipment of freight moving in commerce. A shipment is |
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considered to be moving in commerce if the shipment is located at |
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any point between the point of origin and the final point of |
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destination regardless of any temporary stop that is made for the |
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purpose of transshipment or otherwise. |
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(2) "Vehicle" has the meaning assigned by Section |
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541.201, Transportation Code. |
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(b) A person commits an offense if the person: |
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(1) conducts, promotes, or facilitates an activity in |
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which the person receives, possesses, conceals, stores, barters, |
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sells, abandons, or disposes of: |
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(A) stolen cargo; or |
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(B) cargo explicitly represented to the person as |
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being stolen cargo; or |
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(2) is employed as a driver lawfully contracted to |
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transport a specific cargo by vehicle from a known point of origin |
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to a known point of destination and, with the intent to conduct, |
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promote, or facilitate an activity described by Subsection (b)(1): |
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(A) fails to deliver the entire cargo to the |
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known point of destination as contracted; or |
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(B) causes the seal to be broken on the vehicle or |
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on an intermodal container containing any part of the cargo. |
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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 cargo |
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involved in the activity is less than $10,000; |
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(2) a felony of the third degree if the total value of |
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the cargo involved in the activity is $10,000 or more but less than |
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$100,000; |
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(3) a felony of the second degree if the total value of |
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the cargo involved in the activity is $100,000 or more but less than |
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$200,000; or |
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(4) a felony of the first degree if the total value of |
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the cargo involved in the activity is $200,000 or more. |
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(d) For purposes of Subsection (c), the total value of the |
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cargo involved in the activity includes the value of any vehicle |
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stolen or damaged in the course of the same criminal episode as the |
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conduct that is the subject of the prosecution. |
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(e) 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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(f) It is not a defense to prosecution under this section |
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that: |
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(1) the offense occurred as a result of a deception or |
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strategy on the part of a law enforcement agency, including the use |
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of: |
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(A) an undercover operative or peace officer; or |
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(B) a bait vehicle; |
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(2) the actor was provided by a law enforcement agency |
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with a facility in which to commit the offense or with an |
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opportunity to engage in conduct constituting the offense; or |
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(3) the actor was solicited to commit the offense by a |
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peace officer, and the solicitation was of a type that would |
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encourage a person predisposed to commit the offense to actually |
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commit the offense but would not encourage a person not predisposed |
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to commit the offense to actually commit the offense. |
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SECTION 4. This Act takes effect September 1, 2015. |