Bill Text: TX HB37 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the criminal offense of mail theft.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB37 Detail]
Download: Texas-2019-HB37-Engrossed.html
Bill Title: Relating to the creation of the criminal offense of mail theft.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB37 Detail]
Download: Texas-2019-HB37-Engrossed.html
By: Minjarez, Larson, Zedler, Pacheco, | H.B. No. 37 | |
Kuempel, et al. |
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relating to the creation of the criminal offense of mail theft. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 31, Penal Code, is amended by adding | ||
Section 31.20 to read as follows: | ||
Sec. 31.20. MAIL THEFT. (a) In this section: | ||
(1) "Disabled individual" and "elderly individual" | ||
have the meanings assigned by Section 22.04. | ||
(2) "Identifying information" has the meaning | ||
assigned by Section 32.51. | ||
(3) "Mail" means a letter, postal card, package, bag, | ||
or other sealed article that: | ||
(A) is delivered by a common carrier or delivery | ||
service and not yet received by the addressee; or | ||
(B) has been left to be collected for delivery by | ||
a common carrier or delivery service. | ||
(b) A person commits an offense if the person intentionally | ||
appropriates mail from another person's mailbox or premises without | ||
the effective consent of the addressee and with the intent to | ||
deprive that addressee of the mail. | ||
(c) Except as provided by Subsections (d) and (e), an | ||
offense under this section is: | ||
(1) a Class A misdemeanor if the mail is appropriated | ||
from fewer than 10 addressees; | ||
(2) a state jail felony if the mail is appropriated | ||
from at least 10 but fewer than 30 addressees; or | ||
(3) a felony of the third degree if the mail is | ||
appropriated from 30 or more addressees. | ||
(d) If it is shown on the trial of an offense under this | ||
section that the appropriated mail contained an item of identifying | ||
information and the actor committed the offense with the intent to | ||
facilitate an offense under Section 32.51, an offense under this | ||
section is: | ||
(1) a state jail felony if the mail is appropriated | ||
from fewer than 10 addressees; | ||
(2) a felony of the third degree if the mail is | ||
appropriated from at least 10 but fewer than 20 addressees; | ||
(3) a felony of the second degree if the mail is | ||
appropriated from at least 20 but fewer than 50 addressees; or | ||
(4) a felony of the first degree if the mail is | ||
appropriated from 50 or more addressees. | ||
(e) An offense described for purposes of punishment by | ||
Subsection (d)(1), (2), or (3) is increased to the next higher | ||
category of offense if it is shown on the trial of the offense that | ||
at the time of the offense the actor knew or had reason to believe | ||
that an addressee from whom the actor appropriated mail was a | ||
disabled individual or an elderly individual. | ||
(f) If conduct that constitutes an offense under this | ||
section also constitutes an offense under another law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
SECTION 2. This Act takes effect September 1, 2019. |