Bill Text: TX HB4779 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the prosecution of the criminal offense of organized retail theft.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Vetoed) 2023-06-17 - Vetoed by the Governor [HB4779 Detail]
Download: Texas-2023-HB4779-Engrossed.html
Bill Title: Relating to the prosecution of the criminal offense of organized retail theft.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Vetoed) 2023-06-17 - Vetoed by the Governor [HB4779 Detail]
Download: Texas-2023-HB4779-Engrossed.html
By: Bhojani, Moody, Rose, Darby, Leach | H.B. No. 4779 |
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relating to the prosecution of the criminal offense of organized | ||
retail theft. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 31.16, Penal Code, is amended to read as | ||
follows: | ||
Sec. 31.16. ORGANIZED RETAIL THEFT. (a) [ |
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commits an offense if, with the intent to support, facilitate, or | ||
engage in the acquisition of stolen retail merchandise and the | ||
redistribution of that merchandise into the supply chain, the | ||
person [ |
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activity in which the person receives, possesses, conceals, stores, | ||
barters, sells, or disposes of a total value of not less than $100 | ||
of: | ||
(1) stolen retail merchandise; or | ||
(2) merchandise explicitly represented to the person | ||
as being stolen retail merchandise. | ||
(b) [ |
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(1) [ |
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[ |
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merchandise involved in the activity is $100 or more but less than | ||
$750; | ||
(2) [ |
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the merchandise involved in the activity is $750 or more but less | ||
than $2,500; | ||
(3) [ |
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merchandise involved in the activity is $2,500 or more but less than | ||
$30,000; | ||
(4) [ |
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value of the merchandise involved in the activity is $30,000 or more | ||
but less than $150,000; | ||
(5) [ |
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value of the merchandise involved in the activity is $150,000 or | ||
more but less than $300,000; or | ||
(6) [ |
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value of the merchandise involved in the activity is $300,000 or | ||
more. | ||
(c) [ |
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by Subsections (b)(1)-(5) [ |
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higher category of offense if it is shown on the trial of the | ||
offense that: | ||
(1) the person organized, supervised, financed, or | ||
managed one or more other persons engaged in an activity described | ||
by Subsection (a) [ |
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(2) during the commission of the offense, a person | ||
engaged in an activity described by Subsection (a) [ |
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intentionally, knowingly, or recklessly: | ||
(A) caused a fire exit alarm to sound or | ||
otherwise become activated; | ||
(B) deactivated or otherwise prevented a fire | ||
exit alarm or retail theft detector from sounding; or | ||
(C) used a shielding or deactivation instrument | ||
to prevent or attempt to prevent detection of the offense by a | ||
retail theft detector. | ||
SECTION 2. 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 section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 3. This Act takes effect September 1, 2023. |