Bill Text: TX HB760 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to the punishment for the criminal offense of theft involving a package delivered to or collected from a residential or commercial property; increasing a criminal penalty.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2019-05-09 - Received from the House [HB760 Detail]
Download: Texas-2019-HB760-Engrossed.html
| 86R20966 JRR-D | ||
| By: Wu | H.B. No. 760 | |
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| relating to the punishment for the criminal offense of theft | ||
| involving a package delivered to or collected from a residential or | ||
| commercial property; increasing a criminal penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 31.03, Penal Code, is amended by adding | ||
| Subsection (d-1) and amending Subsection (e) to read as follows: | ||
| (d-1) It is not a defense to prosecution of an offense | ||
| punishable under Subsection (e)(3)(B) that the package is addressed | ||
| to a person who is not the owner of the residential or commercial | ||
| property from which the package was stolen. | ||
| (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: | ||
| (A) the value of the property stolen is $750 or | ||
| more but less than $2,500; or | ||
| (B) the value of the property stolen is less than | ||
| $2,500 and the property is a package that: | ||
| (i) has been delivered by a common carrier | ||
| but not yet received by the addressee or has been left to be | ||
| collected for delivery by a common carrier; and | ||
| (ii) is stolen from a residential or | ||
| commercial property, including the driveway, porch, front door, or | ||
| any other area of the property; | ||
| (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; or | ||
| (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; | ||
| (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; or | ||
| (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; | ||
| (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; or | ||
| (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 | ||
| (7) a felony of the first degree if the value of the | ||
| property stolen is $300,000 or more. | ||
| SECTION 2. 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 3. 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 4. This Act takes effect September 1, 2019. | ||
