Bill Text: TX HB102 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the creation of the offense of cargo theft.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2015-05-08 - Laid on the table subject to call [HB102 Detail]
Download: Texas-2015-HB102-Comm_Sub.html
| 84R21658 JRR-F | |||
| By: Fletcher, Anderson of Dallas, Burkett, | H.B. No. 102 | ||
| Davis of Dallas, Leach | |||
| Substitute the following for H.B. No. 102: | |||
| By: Herrero | C.S.H.B. No. 102 | ||
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| relating to the creation of the offense of cargo theft. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Article 13.08, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| Art. 13.08. THEFT; ORGANIZED RETAIL THEFT; CARGO THEFT. | ||
| SECTION 2. Article 13.08(b), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (b) An offense under Section 31.16 or 31.18, Penal Code, may | ||
| be prosecuted in any county in which an underlying theft could have | ||
| been prosecuted as a separate offense. | ||
| SECTION 3. Chapter 31, Penal Code, is amended by adding | ||
| Section 31.18 to read as follows: | ||
| Sec. 31.18. CARGO THEFT. (a) In this section: | ||
| (1) "Cargo" means goods, as defined by Section 7.102, | ||
| Business & Commerce Code, that constitute, wholly or partly, a | ||
| commercial shipment of freight moving in commerce. A shipment is | ||
| considered to be moving in commerce if the shipment is located at | ||
| any point between the point of origin and the final point of | ||
| destination regardless of any temporary stop that is made for the | ||
| purpose of transshipment or otherwise. | ||
| (2) "Vehicle" has the meaning assigned by Section | ||
| 541.201, Transportation Code. | ||
| (b) A person commits an offense if the person: | ||
| (1) knowingly or intentionally conducts, promotes, or | ||
| facilitates an activity in which the person receives, possesses, | ||
| conceals, stores, barters, sells, abandons, or disposes of: | ||
| (A) stolen cargo; or | ||
| (B) cargo explicitly represented to the person as | ||
| being stolen cargo; or | ||
| (2) is employed as a driver lawfully contracted to | ||
| transport a specific cargo by vehicle from a known point of origin | ||
| to a known point of destination and, with the intent to conduct, | ||
| promote, or facilitate an activity described by Subsection (b)(1), | ||
| knowingly or intentionally: | ||
| (A) fails to deliver the entire cargo to the | ||
| known point of destination as contracted; or | ||
| (B) causes the seal to be broken on the vehicle or | ||
| on an intermodal container containing any part of the cargo. | ||
| (c) An offense under this section is: | ||
| (1) a state jail felony if the total value of the cargo | ||
| involved in the activity is less than $10,000; | ||
| (2) a felony of the third degree if the total value of | ||
| the cargo involved in the activity is $10,000 or more but less than | ||
| $100,000; | ||
| (3) a felony of the second degree if the total value of | ||
| the cargo involved in the activity is $100,000 or more but less than | ||
| $200,000; or | ||
| (4) a felony of the first degree if the total value of | ||
| the cargo involved in the activity is $200,000 or more. | ||
| (d) For purposes of Subsection (c), the total value of the | ||
| cargo involved in the activity includes the value of any vehicle | ||
| stolen or damaged in the course of the same criminal episode as the | ||
| conduct that is the subject of the prosecution. | ||
| (e) An offense described for purposes of punishment by | ||
| Subsections (c)(1)-(3) is increased to the next higher category of | ||
| offense if it is shown on the trial of the offense that the person | ||
| organized, supervised, financed, or managed one or more other | ||
| persons engaged in an activity described by Subsection (b). | ||
| (f) It is not a defense to prosecution under this section | ||
| that: | ||
| (1) the offense occurred as a result of a deception or | ||
| strategy on the part of a law enforcement agency, including the use | ||
| of: | ||
| (A) an undercover operative or peace officer; or | ||
| (B) a bait vehicle; | ||
| (2) the actor was provided by a law enforcement agency | ||
| with a facility in which to commit the offense or with an | ||
| opportunity to engage in conduct constituting the offense; or | ||
| (3) the actor was solicited to commit the offense by a | ||
| peace officer, and the solicitation was of a type that would | ||
| encourage a person predisposed to commit the offense to actually | ||
| commit the offense but would not encourage a person not predisposed | ||
| to commit the offense to actually commit the offense. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
