Holding Mail For Five Others? Campos Bill Presumes Mail Theft

The text as introduced · 1,531 words

89R4992 JRR-D

By: Campos
H.B. No. 1572

A BILL TO BE ENTITLED

AN ACT

relating to mail theft and certain criminal offenses committed

against an employee or contractor of a common carrier or delivery

service delivering mail; increasing criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 22.01(b) and (d), Penal Code, are

amended to read as follows:

(b) An offense under Subsection (a)(1) is a Class A

misdemeanor, except that the offense is a felony of the third degree

if the offense is committed against:

(1) a person the actor knows is a public servant while

the public servant is lawfully discharging an official duty, or in

retaliation or on account of an exercise of official power or

performance of an official duty as a public servant;

(2) a person whose relationship to or association with

the defendant is described by Section 71.0021(b), 71.003, or

71.005, Family Code, if:

(A) it is shown on the trial of the offense that

the defendant has been previously convicted of an offense that was

committed:

(i) against a person whose relationship to

or association with the defendant is described by Section

71.0021(b), 71.003, or 71.005, Family Code; and

(ii) under:

(a) this chapter, Chapter 19, or

Section 20.03, 20.04, 21.11, or 25.11;

(b) Section 25.07, if the applicable

violation was based on the commission of family violence as

described by Subsection (a)(1) of that section; or

(c) Section 25.072, if any of the

applicable violations were based on the commission of family

violence as described by Section 25.07(a)(1); or

(B) the offense is committed by intentionally,

knowingly, or recklessly impeding the normal breathing or

circulation of the blood of the person by applying pressure to the

person's throat or neck or by blocking the person's nose or mouth;

(3) a person who contracts with government to perform

a service in a facility described by Section 1.07(a)(14), Penal

Code, or Section 51.02(13) or (14), Family Code, or an employee of

that person:

(A) while the person or employee is engaged in

performing a service within the scope of the contract, if the actor

knows the person or employee is authorized by government to provide

the service; or

(B) in retaliation for or on account of the

person's or employee's performance of a service within the scope of

the contract;

(4) a person the actor knows is a security officer

while the officer is performing a duty as a security officer;

(5) a person the actor knows is emergency services

personnel while the person is providing emergency services;

(6) a person the actor knows is a process server while

the person is performing a duty as a process server;

(7) a person the actor knows is an employee or

contractor of a common carrier or delivery service while the person

is performing a duty relating to the delivery of mail, as defined by

Section 31.20;

(8) a pregnant individual to force the individual to

have an abortion;

(9) [ (8) ] a person the actor knows is pregnant at the

time of the offense; or

(10) [ (9) ] a person the actor knows is hospital

personnel while the person is located on hospital property,

including all land and buildings owned or leased by the hospital.

(d) For purposes of Subsection (b), the actor is presumed to

have known the person assaulted was a public servant, a security

officer, [ or ] emergency services personnel , or an employee or

contractor of a common carrier or delivery service if the person was

wearing a distinctive uniform or badge indicating the person's

employment as a public servant or status as a security officer , [ or ]

emergency services personnel , or an employee or contractor of a

common carrier or delivery service .

SECTION 2. Sections 22.02(b) and (c), Penal Code, are

amended to read as follows:

(b) An offense under this section is a felony of the second

degree, except that the offense is a felony of the first degree if:

(1) the actor uses a deadly weapon during the

commission of the assault and causes:

(A) serious bodily injury to a person whose

relationship to or association with the defendant is described by

Section 71.0021(b), 71.003, or 71.005, Family Code; or

(B) a traumatic brain or spine injury to another

that results in a persistent vegetative state or irreversible

paralysis;

(2) regardless of whether the offense is committed

under Subsection (a)(1) or (a)(2), the offense is committed:

(A) by a public servant acting under color of the

servant's office or employment;

(B) against a person the actor knows is a public

servant while the public servant is lawfully discharging an

official duty, or in retaliation or on account of an exercise of

official power or performance of an official duty as a public

servant;

(C) in retaliation against or on account of the

service of another as a witness, prospective witness, informant, or

person who has reported the occurrence of a crime;

(D) against a person the actor knows is a process

server while the person is performing a duty as a process server;

[ or ]

(E) against a person the actor knows is a

security officer while the officer is performing a duty as a

security officer; or

(F) against a person the actor knows is an

employee or contractor of a common carrier or delivery service

while the person is performing a duty relating to the delivery of

mail, as defined by Section 31.20;

(3) the actor is in a motor vehicle, as defined by

Section 501.002, Transportation Code, and:

(A) knowingly discharges a firearm at or in the

direction of a habitation, building, or vehicle;

(B) is reckless as to whether the habitation,

building, or vehicle is occupied; and

(C) in discharging the firearm, causes serious

bodily injury to any person; or

(4) the actor commits the assault as part of a mass

shooting.

(c) The actor is presumed to have known the person assaulted

was a public servant , [ or ] a security officer , or an employee or

contractor of a common carrier or delivery service if the person was

wearing a distinctive uniform or badge indicating the person's

employment as a public servant or status as a security officer or an

employee or contractor of a common carrier or delivery service .

SECTION 3. Section 31.20, Penal Code, is amended by adding

Subsection (b-1) and amending Subsections (c), (d), and (e) to read

as follows:

(b-1) For purposes of Subsection (b), an actor in possession

of mail that, in the aggregate, is addressed to at least five

persons other than the actor is presumed to have engaged in conduct

constituting an offense under that subsection unless the actor

possesses the mail in the course of the person's duties as an

employee or contractor of a common carrier or delivery service.

(c) Except as provided by Subsections (d) and (e), an

offense under this section is:

(1) a state jail felony [ Class A misdemeanor ] if the

mail is appropriated from fewer than 10 addressees;

(2) a [ state jail ] felony of the third degree if the

mail is appropriated from at least 10 but fewer than 30 addressees;

or

(3) a felony of the second [ 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;

(2) [ (3) ] a felony of the second degree if the mail is

appropriated from at least 20 but fewer than 50 addressees; or

(3) [ (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 (2) [ (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.

SECTION 4. The changes in law made by this Act apply 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 5. This Act takes effect September 1, 2025.