Bill Text: TX HB922 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the penalty for theft of an automated teller machine or the contents or components of an automated teller machine.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2011-05-07 - Laid on the table subject to call [HB922 Detail]
Download: Texas-2011-HB922-Comm_Sub.html
| 82R11358 NAJ-D | |||
| By: Riddle, Taylor of Collin, Carter, et al. | H.B. No. 922 | ||
| Substitute the following for H.B. No. 922: | |||
| By: Gallego | C.S.H.B. No. 922 | ||
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| relating to the penalty for theft of an automated teller machine or | ||
| the contents or components of an automated teller machine. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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: | ||
| (A) $50; or | ||
| (B) $20 and the defendant obtained the property | ||
| by issuing or passing a check or similar sight order in a manner | ||
| described by Section 31.06; | ||
| (2) a Class B misdemeanor if: | ||
| (A) the value of the property stolen is: | ||
| (i) $50 or more but less than $500; or | ||
| (ii) $20 or more but less than $500 and the | ||
| defendant obtained the property by issuing or passing a check or | ||
| similar sight order in a manner described by Section 31.06; | ||
| (B) the value of the property stolen is less | ||
| than: | ||
| (i) $50 and the defendant has previously | ||
| been convicted of any grade of theft; or | ||
| (ii) $20, the defendant has previously been | ||
| convicted of any grade of theft, and the defendant obtained the | ||
| property by issuing or passing a check or similar sight order in a | ||
| manner described by Section 31.06; 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 $500 or more but less than $1,500; | ||
| (4) a state jail felony if: | ||
| (A) the value of the property stolen is $1,500 or | ||
| more but less than $20,000, or the property is less than 10 head of | ||
| sheep, swine, or goats or any part thereof under the value of | ||
| $20,000; | ||
| (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 | ||
| $1,500 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 insulated or noninsulated | ||
| tubing, rods, water gate stems, wire, or cable that consists of at | ||
| least 50 percent: | ||
| (i) aluminum; | ||
| (ii) bronze; or | ||
| (iii) copper; | ||
| (5) a felony of the third degree if the value of the | ||
| property stolen is $20,000 or more but less than $100,000, 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 | ||
| $100,000; or | ||
| (B) 10 or more head of sheep, swine, or goats | ||
| stolen during a single transaction and having an aggregate value of | ||
| less than $100,000; | ||
| (6) a felony of the second degree if: | ||
| (A) the value of the property stolen is $100,000 | ||
| or more but less than $200,000; or | ||
| (B) the value of the property stolen is less than | ||
| $200,000 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 $200,000 or more. | ||
| SECTION 2. Section 31.03(h), Penal Code, is amended by | ||
| adding Subdivision (4) to read as follows: | ||
| (4) "Automated teller machine" means an unmanned | ||
| electronic information processing device that, at the request of a | ||
| user, performs a financial transaction through the direct | ||
| transmission of electronic impulses to a financial institution or | ||
| through the recording of electronic impulses or other indicia of a | ||
| transaction for delayed transmission to a financial institution. | ||
| The term includes an automated banking machine. | ||
| 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 when 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, 2011. | ||
