Bill Text: TX HB2369 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the punishment for, and civil liability related to actions to prevent, the criminal offense of theft involving a package delivered to a residential or commercial property; increasing criminal penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-02 - Committee report sent to Calendars [HB2369 Detail]
Download: Texas-2019-HB2369-Introduced.html
86R6060 JRR/SCL-F | ||
By: Miller | H.B. No. 2369 |
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relating to the punishment for, and civil liability related to | ||
actions to prevent, the criminal offense of theft involving a | ||
package delivered to a residential or commercial property; | ||
increasing criminal penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 124.001, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
Sec. 124.001. DETENTION TO INVESTIGATE OWNERSHIP OF | ||
PROPERTY. | ||
SECTION 2. Chapter 124, Civil Practice and Remedies Code, | ||
is amended by adding Section 124.002 to read as follows: | ||
Sec. 124.002. DETENTION TO PREVENT THEFT OF PACKAGE. (a) A | ||
person who reasonably believes that another is stealing or | ||
attempting to steal a package under the circumstances described by | ||
Sections 31.03(e)(4)(G)(i) and (ii), Penal Code, is privileged to | ||
detain the other person in a reasonable manner, including by use of | ||
reasonable force, for a reasonable period to allow for the arrival | ||
of law enforcement authorities. | ||
(b) A person who is privileged to detain another under | ||
Subsection (a) is not liable for damages arising from the detention | ||
of that person. | ||
SECTION 3. Article 59.01(2), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(2) "Contraband" means property of any nature, | ||
including real, personal, tangible, or intangible, that is: | ||
(A) used in the commission of: | ||
(i) any first or second degree felony under | ||
the Penal Code; | ||
(ii) any felony under Section 15.031(b), | ||
20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, | ||
33A, or 35, Penal Code; | ||
(iii) any felony under The Securities Act | ||
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or | ||
(iv) any offense under Chapter 49, Penal | ||
Code, that is punishable as a felony of the third degree or state | ||
jail felony, if the defendant has been previously convicted three | ||
times of an offense under that chapter; | ||
(B) used or intended to be used in the commission | ||
of: | ||
(i) any felony under Chapter 481, Health | ||
and Safety Code (Texas Controlled Substances Act); | ||
(ii) any felony under Chapter 483, Health | ||
and Safety Code; | ||
(iii) a felony under Chapter 151, Finance | ||
Code; | ||
(iv) any felony under Chapter 34, Penal | ||
Code; | ||
(v) a Class A misdemeanor under Subchapter | ||
B, Chapter 365, Health and Safety Code, if the defendant has been | ||
previously convicted twice of an offense under that subchapter; | ||
(vi) any felony under Chapter 32, Human | ||
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that | ||
involves the state Medicaid program; | ||
(vii) a Class B misdemeanor under Chapter | ||
522, Business & Commerce Code; | ||
(viii) a Class A misdemeanor under Section | ||
306.051, Business & Commerce Code; | ||
(ix) any offense under Section 42.10, Penal | ||
Code; | ||
(x) any offense under Section 46.06(a)(1) | ||
or 46.14, Penal Code; | ||
(xi) any offense under Chapter 71, Penal | ||
Code; | ||
(xii) any offense under Section 20.05 or | ||
20.06, Penal Code; [ |
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(xiii) an offense under Section 326.002, | ||
Business & Commerce Code; or | ||
(xiv) an offense punishable under Section | ||
31.03(e)(4)(G), (5)(D), (6)(C), or (7)(B), Penal Code; | ||
(C) the proceeds gained from the commission of a | ||
felony listed in Paragraph (A) or (B) of this subdivision, a | ||
misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of | ||
this subdivision, or a crime of violence; | ||
(D) acquired with proceeds gained from the | ||
commission of a felony listed in Paragraph (A) or (B) of this | ||
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), | ||
or (xi) of this subdivision, or a crime of violence; | ||
(E) used to facilitate or intended to be used to | ||
facilitate the commission of a felony under Section 15.031 or | ||
43.25, Penal Code; or | ||
(F) used to facilitate or intended to be used to | ||
facilitate the commission of a felony under Section 20A.02 or | ||
Chapter 43, Penal Code. | ||
SECTION 4. Section 31.03(e), Penal Code, is amended to read | ||
as follows: | ||
(e) Except as provided by Subsection (f), an offense under | ||
this section is: | ||
(1) a Class C misdemeanor if the value of the property | ||
stolen is less than $100; | ||
(2) a Class B misdemeanor if: | ||
(A) the value of the property stolen is $100 or | ||
more but less than $750; | ||
(B) the value of the property stolen is less than | ||
$100 and the defendant has previously been convicted of any grade of | ||
theft; or | ||
(C) the property stolen is a driver's license, | ||
commercial driver's license, or personal identification | ||
certificate issued by this state or another state; | ||
(3) a Class A misdemeanor if the value of the property | ||
stolen is $750 or more but less than $2,500; | ||
(4) a state jail felony if: | ||
(A) the value of the property stolen is $2,500 or | ||
more but less than $30,000, or the property is less than 10 head of | ||
sheep, swine, or goats or any part thereof under the value of | ||
$30,000; | ||
(B) regardless of value, the property is stolen | ||
from the person of another or from a human corpse or grave, | ||
including property that is a military grave marker; | ||
(C) the property stolen is a firearm, as defined | ||
by Section 46.01; | ||
(D) the value of the property stolen is less than | ||
$2,500 and the defendant has been previously convicted two or more | ||
times of any grade of theft; | ||
(E) the property stolen is an official ballot or | ||
official carrier envelope for an election; [ |
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(F) the value of the property stolen is less than | ||
$20,000 and the property stolen is: | ||
(i) aluminum; | ||
(ii) bronze; | ||
(iii) copper; or | ||
(iv) brass; or | ||
(G) the property: | ||
(i) is a package that has been delivered by | ||
United States mail, common carrier, or a delivery service but not | ||
yet received by the addressee; | ||
(ii) is stolen from a residential or | ||
commercial property, including the driveway, porch, front door, or | ||
any other area of the property; and | ||
(iii) has a value of less than $30,000; | ||
(5) a felony of the third degree if the value of the | ||
property stolen is $30,000 or more but less than $150,000, or the | ||
property is: | ||
(A) cattle, horses, or exotic livestock or exotic | ||
fowl as defined by Section 142.001, Agriculture Code, stolen during | ||
a single transaction and having an aggregate value of less than | ||
$150,000; | ||
(B) 10 or more head of sheep, swine, or goats | ||
stolen during a single transaction and having an aggregate value of | ||
less than $150,000; [ |
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(C) a controlled substance, having a value of | ||
less than $150,000, if stolen from: | ||
(i) a commercial building in which a | ||
controlled substance is generally stored, including a pharmacy, | ||
clinic, hospital, nursing facility, or warehouse; or | ||
(ii) a vehicle owned or operated by a | ||
wholesale distributor of prescription drugs; or | ||
(D) a package described by Subdivision (4)(G)(i) | ||
that is stolen from a location described by Subdivision (4)(G)(ii) | ||
and that has a value of less than $150,000, if the defendant has | ||
previously been convicted one time of any grade of an offense under | ||
this section involving the theft of a package under the | ||
circumstances described by Subdivisions (4)(G)(i) and (ii); | ||
(6) a felony of the second degree if: | ||
(A) the value of the property stolen is $150,000 | ||
or more but less than $300,000; [ |
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(B) the value of the property stolen is less than | ||
$300,000 and the property stolen is an automated teller machine or | ||
the contents or components of an automated teller machine; or | ||
(C) the value of the property stolen is less than | ||
$300,000, the property is a package described by Subdivision | ||
(4)(G)(i) stolen from a location described by Subdivision | ||
(4)(G)(ii), and the defendant has previously been convicted two | ||
times of any grade of an offense under this section involving the | ||
theft of a package under the circumstances described by | ||
Subdivisions (4)(G)(i) and (ii); or | ||
(7) a felony of the first degree if: | ||
(A) the value of the property stolen is $300,000 | ||
or more; or | ||
(B) the value of the property stolen is less than | ||
$300,000, the property is a package described by Subdivision | ||
(4)(G)(i) stolen from a location described by Subdivision | ||
(4)(G)(ii), and the defendant has previously been convicted three | ||
or more times of any grade of an offense under this section | ||
involving the theft of a package under the circumstances described | ||
by Subdivisions (4)(G)(i) and (ii). | ||
SECTION 5. Section 31.03(h), Penal Code, is amended by | ||
adding Subdivision (7) to read as follows: | ||
(7) "Package" means a box, container, bag, or other | ||
sealed article holding a good or product. | ||
SECTION 6. (a) Except as provided by Subsection (b) of | ||
this section, the change in law made by this Act applies only to an | ||
offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this subsection, an offense was committed before the effective date | ||
of this Act if any element of the offense occurred before that date. | ||
(b) Section 124.002, Civil Practice and Remedies Code, as | ||
added by this Act, does not apply to a cause of action that accrued | ||
before the effective date of this Act. A cause of action that | ||
accrued before the effective date of this Act is governed by the law | ||
applicable to the cause of action immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
SECTION 7. This Act takes effect September 1, 2019. |