Bill Text: TX SB1978 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the punishment for the offense of theft of cattle, horses, exotic livestock, exotic fowl, sheep, swine, or goats; increasing a criminal penalty; imposing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-27 - Referred to Criminal Justice [SB1978 Detail]
Download: Texas-2017-SB1978-Introduced.html
85R13337 KJE-D | ||
By: Schwertner | S.B. No. 1978 |
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relating to the punishment for the offense of theft of cattle, | ||
horses, exotic livestock, exotic fowl, sheep, swine, or goats; | ||
increasing a criminal penalty; imposing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 102, Code of Criminal | ||
Procedure, is amended by adding Article 102.023 to read as follows: | ||
Art. 102.023. FEE FOR THEFT OF LIVESTOCK. (a) On | ||
conviction of an offense under Section 31.03, Penal Code, involving | ||
the theft of cattle, horses, exotic livestock, exotic fowl, sheep, | ||
swine, or goats, the defendant shall pay a fee of $20. | ||
(b) An officer who collects a fee under this article shall | ||
remit the fee to the Texas and Southwestern Cattle Raisers | ||
Association, to be used only for purposes of the special rangers | ||
appointed under Article 2.125. | ||
(c) In this article, a person is considered convicted if: | ||
(1) a sentence is imposed on the person; | ||
(2) the person is placed on community supervision, | ||
including deferred adjudication community supervision; or | ||
(3) the court defers final disposition of the person's | ||
case. | ||
SECTION 2. Article 103.004, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (b) to | ||
read as follows: | ||
(a) Except as provided by Subsections (b) and [ |
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(c), an officer who collects recognizances, bail bonds, fines, | ||
forfeitures, judgments, jury fees, and other obligations recovered | ||
in the name of the state under any provision of this title shall | ||
deposit the money in the county treasury not later than the next | ||
regular business day after the date that the money is | ||
collected. If it is not possible for the officer to deposit the | ||
money in the county treasury by that date, the officer shall deposit | ||
the money in the county treasury as soon as possible, but not later | ||
than the fifth regular business day after the date that the money is | ||
collected. | ||
(b) An officer who collects a fine imposed for an offense | ||
under Section 31.03, Penal Code, involving the theft of cattle, | ||
horses, exotic livestock, exotic fowl, sheep, swine, or goats shall | ||
remit the fine as follows: | ||
(1) 90 percent of the fine to the victim or victims of | ||
the offense in equal amounts; and | ||
(2) 10 percent of the fine to the Texas and | ||
Southwestern Cattle Raisers Association, to be used only for | ||
purposes of the special rangers appointed under Article 2.125. | ||
SECTION 3. Subchapter B, Chapter 103, Government Code, is | ||
amended by adding Section 103.02102 to read as follows: | ||
Sec. 103.02102. ADDITIONAL FEE FOR CERTAIN CASES INVOLVING | ||
THEFT OF LIVESTOCK: CODE OF CRIMINAL PROCEDURE. On conviction of an | ||
offense under Section 31.03, Penal Code, involving the theft of | ||
cattle, horses, exotic livestock, exotic fowl, sheep, swine, or | ||
goats, the defendant shall pay a fee of $20 under Article 102.023, | ||
Code of Criminal Procedure. | ||
SECTION 4. Sections 31.03(e) and (g), Penal Code, are | ||
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 stolen 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 stolen is: | ||
(A) cattle, horses, [ |
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exotic fowl [ |
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stolen during a single transaction and having an aggregate value of | ||
less than $75,000 [ |
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(B) 10 or more head of sheep, swine, or goats | ||
stolen during a single transaction and having an aggregate value of | ||
less than $75,000 [ |
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(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 property stolen is: | ||
(i) cattle, horses, exotic livestock, or | ||
exotic fowl stolen during a single transaction and having an | ||
aggregate value of $75,000 or more but less than $225,000; or | ||
(ii) 10 or more head of sheep, swine, or | ||
goats stolen during a single transaction and having an aggregate | ||
value of $75,000 or more but less than $225,000; or | ||
(7) a felony of the first degree if the value of the | ||
property stolen is $300,000 or more, or the property stolen is: | ||
(A) cattle, horses, exotic livestock, or exotic | ||
fowl stolen during a single transaction and having an aggregate | ||
value of $225,000 or more; or | ||
(B) 10 or more head of sheep, swine, or goats | ||
stolen during a single transaction and having an aggregate value of | ||
$225,000 or more. | ||
(g) For the purposes of Subsection (a), a person is the | ||
owner of exotic livestock or exotic fowl [ |
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the animal under Section 142.0021, Agriculture Code, if the animal | ||
is an estray. | ||
SECTION 5. Section 31.03(h), Penal Code, is amended by | ||
adding Subdivision (5) to read as follows: | ||
(5) "Exotic livestock" and "exotic fowl" have the | ||
meanings assigned by Section 142.001, Agriculture Code. | ||
SECTION 6. 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 7. This Act takes effect September 1, 2017. |