bill raising theft penalties for repeat offenders

The text as introduced · 717 words

89R11271 JDK-D

By: Wharton
H.B. No. 3507

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of theft.

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 Subsections (f) and (f-1), 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 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;

(D) the value of the property stolen is less than

$2,500 and the defendant has been previously convicted two or more

times but less than five times of any grade of theft;

(E) the property stolen is an official ballot or

official carrier envelope for an election;

(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; or

(G) the cost of replacing the property stolen is

less than $30,000 and the property stolen is a catalytic converter;

(5) a felony of the third degree if :

(A) the value of the property stolen is $30,000

or more but less than $150,000 ;

(B) the value of the property stolen is less than

$2,500 and the defendant has been previously convicted five or more

times but less than 10 times of any grade of theft; [ , ] or

(C) the property is:

(i) [ (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;

(ii) [ (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

(iii) [ (C) ] a controlled substance, having

a value of less than $150,000, if stolen from:

(a) [ (i) ] a commercial building in

which a controlled substance is generally stored, including a

pharmacy, clinic, hospital, nursing facility, or warehouse; or

(b) [ (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

(C) the value of the property stolen is less than

$2,500 and the defendant has been previously convicted 10 or more

times of any grade of theft; or

(7) a felony of the first degree if the value of the

property stolen is $300,000 or more.

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, 2025.