Bill Text: TX SB393 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the punishment for certain offenses against property or against public administration.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2015-05-26 - Placed on General State Calendar [SB393 Detail]
Download: Texas-2015-SB393-Comm_Sub.html
By: Burton, et al. | S.B. No. 393 | |
(Peña) | ||
|
||
|
||
relating to the punishment for certain offenses against property or | ||
against public administration. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 28.03(b), (f), (h), and (j), Penal | ||
Code, are amended to read as follows: | ||
(b) Except as provided by Subsections (f) and (h), an | ||
offense under this section is: | ||
(1) a Class C misdemeanor if: | ||
(A) the amount of pecuniary loss is less than | ||
$100 [ |
||
(B) except as provided in Subdivision (3)(A) or | ||
(3)(B), it causes substantial inconvenience to others; | ||
(2) a Class B misdemeanor if the amount of pecuniary | ||
loss is $100 [ |
||
(3) a Class A misdemeanor if: | ||
(A) the amount of pecuniary loss is $750 [ |
||
or more but less than $2,500 [ |
||
(B) the actor causes in whole or in part | ||
impairment or interruption of any public water supply, or causes to | ||
be diverted in whole, in part, or in any manner, including | ||
installation or removal of any device for any such purpose, any | ||
public water supply, regardless of the amount of the pecuniary | ||
loss; | ||
(4) a state jail felony if the amount of pecuniary loss | ||
is: | ||
(A) $2,500 [ |
||
[ |
||
(B) less than $2,500 [ |
||
damaged or destroyed is a habitation and if the damage or | ||
destruction is caused by a firearm or explosive weapon; | ||
(C) less than $2,500 [ |
||
was a fence used for the production or containment of: | ||
(i) cattle, bison, horses, sheep, swine, | ||
goats, exotic livestock, or exotic poultry; or | ||
(ii) game animals as that term is defined by | ||
Section 63.001, Parks and Wildlife Code; or | ||
(D) less than $30,000 [ |
||
causes wholly or partly impairment or interruption of public | ||
communications, public transportation, public gas or power supply, | ||
or other public service, or causes to be diverted wholly, partly, or | ||
in any manner, including installation or removal of any device for | ||
any such purpose, any public communications or public gas or power | ||
supply; | ||
(5) a felony of the third degree if the amount of the | ||
pecuniary loss is $30,000 [ |
||
[ |
||
(6) a felony of the second degree if the amount of | ||
pecuniary loss is $150,000 [ |
||
$300,000 [ |
||
(7) a felony of the first degree if the amount of | ||
pecuniary loss is $300,000 [ |
||
(f) An offense under this section is a state jail felony if | ||
the damage or destruction is inflicted on a place of worship or | ||
human burial, a public monument, or a community center that | ||
provides medical, social, or educational programs and the amount of | ||
the pecuniary loss to real property or to tangible personal | ||
property is $750 or more but less than $30,000 [ |
||
(h) An offense under this section is a state jail felony if | ||
the amount of the pecuniary loss to real property or to tangible | ||
personal property is $750 [ |
||
[ |
||
private elementary school, secondary school, or institution of | ||
higher education. | ||
(j) Notwithstanding Subsection (b), an offense under this | ||
section is a felony of the third degree if: | ||
(1) the tangible property damaged, destroyed, or | ||
tampered with is transportation communications equipment or a | ||
transportation communications device; and | ||
(2) the amount of the pecuniary loss to the tangible | ||
property is less than $150,000 [ |
||
SECTION 2. Section 28.06(d), Penal Code, is amended to read | ||
as follows: | ||
(d) If the amount of pecuniary loss cannot be ascertained by | ||
the criteria set forth in Subsections (a) through (c), the amount of | ||
loss is deemed to be greater than $750 [ |
||
[ |
||
SECTION 3. Section 28.07(e), Penal Code, is amended to read | ||
as follows: | ||
(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or | ||
(b)(2)(D) is a Class C misdemeanor unless the person causes | ||
pecuniary loss of $100 or more, in which event the offense is: | ||
(1) a Class B misdemeanor if the amount of pecuniary | ||
loss is $100 [ |
||
(2) a Class A misdemeanor if the amount of pecuniary | ||
loss is $750 [ |
||
(3) a state jail felony if the amount of pecuniary loss | ||
is $2,500 [ |
||
(4) a felony of the third degree if the amount of the | ||
pecuniary loss is $30,000 [ |
||
[ |
||
(5) a felony of the second degree if the amount of | ||
pecuniary loss is $150,000 [ |
||
$300,000 [ |
||
(6) a felony of the first degree if the amount of the | ||
pecuniary loss is $300,000 [ |
||
SECTION 4. Sections 28.08(b) and (d), Penal Code, are | ||
amended to read as follows: | ||
(b) Except as provided by Subsection (d), an offense under | ||
this section is: | ||
(1) a Class C misdemeanor if the amount of pecuniary | ||
loss is less than $100; | ||
(2) a Class B misdemeanor if the amount of pecuniary | ||
loss is $100 or more but less than $750 [ |
||
(3) [ |
||
pecuniary loss is $750 [ |
||
(4) [ |
||
pecuniary loss is $2,500 [ |
||
[ |
||
(5) [ |
||
pecuniary loss is $30,000 [ |
||
[ |
||
(6) [ |
||
of pecuniary loss is $150,000 [ |
||
$300,000 [ |
||
(7) [ |
||
pecuniary loss is $300,000 [ |
||
(d) An offense under this section is a state jail felony if: | ||
(1) the marking is made on a school, an institution of | ||
higher education, a place of worship or human burial, a public | ||
monument, or a community center that provides medical, social, or | ||
educational programs; and | ||
(2) the amount of the pecuniary loss to real property | ||
or to tangible personal property is $750 or more but less than | ||
$30,000 [ |
||
SECTION 5. Article 14.06(d), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(d) Subsection (c) applies only to a person charged with | ||
committing an offense under: | ||
(1) Section 481.121, Health and Safety Code, if the | ||
offense is punishable under Subsection (b)(1) or (2) of that | ||
section; | ||
(1-a) Section 481.1161, Health and Safety Code, if the | ||
offense is punishable under Subsection (b)(1) or (2) of that | ||
section; | ||
(2) Section 28.03, Penal Code, if the offense is | ||
punishable under Subsection (b)(2) of that section; | ||
(3) Section 28.08, Penal Code, if the offense is | ||
punishable under Subsection (b)(2) or (3) [ |
||
(4) Section 31.03, Penal Code, if the offense is | ||
punishable under Subsection (e)(2)(A) of that section; | ||
(5) Section 31.04, Penal Code, if the offense is | ||
punishable under Subsection (e)(2) of that section; | ||
(6) Section 38.114, Penal Code, if the offense is | ||
punishable as a Class B misdemeanor; or | ||
(7) Section 521.457, Transportation Code. | ||
SECTION 6. 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 $100[ |
||
[ |
||
[ |
||
|
||
|
||
(2) a Class B misdemeanor if: | ||
(A) the value of the property stolen is $100[ |
||
[ |
||
|
||
[ |
||
|
||
|
||
(B) the value of the property stolen is less than | ||
$100[ |
||
[ |
||
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 [ |
||
(4) a state jail felony if: | ||
(A) the value of the property stolen is $2,500 | ||
[ |
||
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 [ |
||
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 | ||
$30,000 [ |
||
(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 [ |
||
[ |
||
(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 [ |
||
(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 [ |
||
(6) a felony of the second degree if: | ||
(A) the value of the property stolen is $150,000 | ||
[ |
||
(B) the value of the property stolen is less than | ||
$300,000 [ |
||
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 $300,000 [ |
||
SECTION 7. Sections 31.04(b) and (e), Penal Code, are | ||
amended to read as follows: | ||
(b) For purposes of this section, intent to avoid payment is | ||
presumed if: | ||
(1) the actor absconded without paying for the service | ||
or expressly refused to pay for the service in circumstances where | ||
payment is ordinarily made immediately upon rendering of the | ||
service, as in hotels, campgrounds, recreational vehicle parks, | ||
restaurants, and comparable establishments; | ||
(2) the actor failed to make payment under a service | ||
agreement within 10 days after receiving notice demanding payment; | ||
(3) the actor returns property held under a rental | ||
agreement after the expiration of the rental agreement and fails to | ||
pay the applicable rental charge for the property within 10 days | ||
after the date on which the actor received notice demanding | ||
payment; or | ||
(4) the actor failed to return the property held under | ||
a rental agreement: | ||
(A) within five days after receiving notice | ||
demanding return, if the property is valued at less than $2,500 | ||
[ |
||
(B) within three days after receiving notice | ||
demanding return, if the property is valued at $2,500 [ |
||
more. | ||
(e) An offense under this section is: | ||
(1) a Class C misdemeanor if the value of the service | ||
stolen is less than $100 [ |
||
(2) a Class B misdemeanor if the value of the service | ||
stolen is $100 [ |
||
(3) a Class A misdemeanor if the value of the service | ||
stolen is $750 [ |
||
(4) a state jail felony if the value of the service | ||
stolen is $2,500 [ |
||
(5) a felony of the third degree if the value of the | ||
service stolen is $30,000 [ |
||
[ |
||
(6) a felony of the second degree if the value of the | ||
service stolen is $150,000 [ |
||
$300,000 [ |
||
(7) a felony of the first degree if the value of the | ||
service stolen is $300,000 [ |
||
SECTION 8. Section 31.08(c), Penal Code, is amended to read | ||
as follows: | ||
(c) If property or service has value that cannot be | ||
reasonably ascertained by the criteria set forth in Subsections (a) | ||
and (b), the property or service is deemed to have a value of $750 | ||
[ |
||
SECTION 9. Sections 31.16(c) and (d), Penal Code, are | ||
amended to read as follows: | ||
(c) An offense under this section is: | ||
(1) a Class C misdemeanor if the total value of the | ||
merchandise involved in the activity is less than $100; | ||
(2) a Class B misdemeanor if the total value of the | ||
merchandise involved in the activity is $100 or more but less than | ||
$750 [ |
||
(3) [ |
||
the merchandise involved in the activity is $750 [ |
||
less than $2,500 [ |
||
(4) [ |
||
merchandise involved in the activity is $2,500 [ |
||
less than $30,000 [ |
||
(5) [ |
||
value of the merchandise involved in the activity is $30,000 | ||
[ |
||
(6) [ |
||
value of the merchandise involved in the activity is $150,000 | ||
[ |
||
(7) [ |
||
value of the merchandise involved in the activity is $300,000 | ||
[ |
||
(d) An offense described for purposes of punishment by | ||
Subsections (c)(1)-(6) [ |
||
category of offense if it is shown on the trial of the offense that: | ||
(1) the person organized, supervised, financed, or | ||
managed one or more other persons engaged in an activity described | ||
by Subsection (b); or | ||
(2) during the commission of the offense, a person | ||
engaged in an activity described by Subsection (b) intentionally, | ||
knowingly, or recklessly: | ||
(A) caused a fire exit alarm to sound or | ||
otherwise become activated; | ||
(B) deactivated or otherwise prevented a fire | ||
exit alarm or retail theft detector from sounding; or | ||
(C) used a shielding or deactivation instrument | ||
to prevent or attempt to prevent detection of the offense by a | ||
retail theft detector. | ||
SECTION 10. Section 32.02(c), Penal Code, is amended to | ||
read as follows: | ||
(c) If property or service has value that cannot be | ||
reasonably ascertained by the criteria set forth in Subsections (a) | ||
and (b), the property or service is deemed to have a value of $750 | ||
[ |
||
SECTION 11. Section 32.23(e), Penal Code, is amended to | ||
read as follows: | ||
(e) An offense under this section is a: | ||
(1) Class C misdemeanor if the retail value of the item | ||
or service is less than $100 [ |
||
(2) Class B misdemeanor if the retail value of the item | ||
or service is $100 [ |
||
(3) Class A misdemeanor if the retail value of the item | ||
or service is $750 [ |
||
(4) state jail felony if the retail value of the item | ||
or service is $2,500 [ |
||
[ |
||
(5) felony of the third degree if the retail value of | ||
the item or service is $30,000 [ |
||
$150,000 [ |
||
(6) felony of the second degree if the retail value of | ||
the item or service is $150,000 [ |
||
$300,000 [ |
||
(7) felony of the first degree if the retail value of | ||
the item or service is $300,000 [ |
||
SECTION 12. Section 32.32(c), Penal Code, is amended to | ||
read as follows: | ||
(c) An offense under this section is: | ||
(1) a Class C misdemeanor if the value of the property | ||
or the amount of credit is less than $100 [ |
||
(2) a Class B misdemeanor if the value of the property | ||
or the amount of credit is $100 [ |
||
[ |
||
(3) a Class A misdemeanor if the value of the property | ||
or the amount of credit is $750 [ |
||
[ |
||
(4) a state jail felony if the value of the property or | ||
the amount of credit is $2,500 [ |
||
$30,000 [ |
||
(5) a felony of the third degree if the value of the | ||
property or the amount of credit is $30,000 [ |
||
less than $150,000 [ |
||
(6) a felony of the second degree if the value of the | ||
property or the amount of credit is $150,000 [ |
||
less than $300,000 [ |
||
(7) a felony of the first degree if the value of the | ||
property or the amount of credit is $300,000 [ |
||
SECTION 13. Sections 32.33(d) and (e), Penal Code, are | ||
amended to read as follows: | ||
(d) An offense under Subsection (b) is a: | ||
(1) Class C misdemeanor if the value of the property | ||
destroyed, removed, concealed, encumbered, or otherwise harmed or | ||
reduced in value is less than $100 [ |
||
(2) Class B misdemeanor if the value of the property | ||
destroyed, removed, concealed, encumbered, or otherwise harmed or | ||
reduced in value is $100 [ |
||
(3) Class A misdemeanor if the value of the property | ||
destroyed, removed, concealed, encumbered, or otherwise harmed or | ||
reduced in value is $750 [ |
||
[ |
||
(4) state jail felony if the value of the property | ||
destroyed, removed, concealed, encumbered, or otherwise harmed or | ||
reduced in value is $2,500 [ |
||
[ |
||
(5) felony of the third degree if the value of the | ||
property destroyed, removed, concealed, encumbered, or otherwise | ||
harmed or reduced in value is $30,000 [ |
||
than $150,000 [ |
||
(6) felony of the second degree if the value of the | ||
property destroyed, removed, concealed, encumbered, or otherwise | ||
harmed or reduced in value is $150,000 [ |
||
than $300,000 [ |
||
(7) felony of the first degree if the value of the | ||
property destroyed, removed, concealed, encumbered, or otherwise | ||
harmed or reduced in value is $300,000 [ |
||
(e) A person who is a debtor under a security agreement, and | ||
who does not have a right to sell or dispose of the secured property | ||
or is required to account to the secured party for the proceeds of a | ||
permitted sale or disposition, commits an offense if the person | ||
sells or otherwise disposes of the secured property, or does not | ||
account to the secured party for the proceeds of a sale or other | ||
disposition as required, with intent to appropriate (as defined in | ||
Chapter 31) the proceeds or value of the secured property. A person | ||
is presumed to have intended to appropriate proceeds if the person | ||
does not deliver the proceeds to the secured party or account to the | ||
secured party for the proceeds before the 11th day after the day | ||
that the secured party makes a lawful demand for the proceeds or | ||
account. An offense under this subsection is: | ||
(1) a Class C misdemeanor if the proceeds obtained | ||
from the sale or other disposition are money or goods having a value | ||
of less than $100 [ |
||
(2) a Class B misdemeanor if the proceeds obtained | ||
from the sale or other disposition are money or goods having a value | ||
of $100 [ |
||
(3) a Class A misdemeanor if the proceeds obtained | ||
from the sale or other disposition are money or goods having a value | ||
of $750 [ |
||
(4) a state jail felony if the proceeds obtained from | ||
the sale or other disposition are money or goods having a value of | ||
$2,500 [ |
||
(5) a felony of the third degree if the proceeds | ||
obtained from the sale or other disposition are money or goods | ||
having a value of $30,000 [ |
||
[ |
||
(6) a felony of the second degree if the proceeds | ||
obtained from the sale or other disposition are money or goods | ||
having a value of $150,000 [ |
||
[ |
||
(7) a felony of the first degree if the proceeds | ||
obtained from the sale or other disposition are money or goods | ||
having a value of $300,000 [ |
||
SECTION 14. Section 32.34(f), Penal Code, is amended to | ||
read as follows: | ||
(f) An offense under Subsection (b)(1), (b)(2), or (b)(3) | ||
is: | ||
(1) a state jail felony if the value of the motor | ||
vehicle is less than $30,000 [ |
||
(2) a felony of the third degree if the value of the | ||
motor vehicle is $30,000 [ |
||
(3) a felony of the second degree if the value of the | ||
motor vehicle is $150,000 or more but less than $300,000; or | ||
(4) a felony of the first degree if the value of the | ||
motor vehicle is $300,000 or more. | ||
SECTION 15. Section 32.35(e), Penal Code, is amended to | ||
read as follows: | ||
(e) An offense under this section is a: | ||
(1) Class C misdemeanor if the amount of the record of | ||
a sale is less than $100 [ |
||
(2) Class B misdemeanor if the amount of the record of | ||
a sale is $100 [ |
||
(3) Class A misdemeanor if the amount of the record of | ||
a sale is $750 [ |
||
(4) state jail felony if the amount of the record of a | ||
sale is $2,500 [ |
||
(5) felony of the third degree if the amount of the | ||
record of a sale is $30,000 [ |
||
[ |
||
(6) felony of the second degree if the amount of the | ||
record of a sale is $150,000 [ |
||
$300,000 [ |
||
(7) felony of the first degree if the amount of the | ||
record of a sale is $300,000 [ |
||
SECTION 16. Section 32.441(e), Penal Code, is amended to | ||
read as follows: | ||
(e) An offense under this section is a: | ||
(1) Class C misdemeanor if the value of the benefit is | ||
less than $100 [ |
||
(2) Class B misdemeanor if the value of the benefit is | ||
$100 [ |
||
(3) Class A misdemeanor if the value of the benefit is | ||
$750 [ |
||
(4) state jail felony if the value of the benefit is | ||
$2,500 [ |
||
(5) felony of the third degree if the value of the | ||
benefit is $30,000 [ |
||
[ |
||
(6) felony of the second degree if the value of the | ||
benefit is $150,000 [ |
||
[ |
||
(7) felony of the first degree if the value of the | ||
benefit is $300,000 [ |
||
SECTION 17. Section 32.45(c), Penal Code, is amended to | ||
read as follows: | ||
(c) An offense under this section is: | ||
(1) a Class C misdemeanor if the value of the property | ||
misapplied is less than $100 [ |
||
(2) a Class B misdemeanor if the value of the property | ||
misapplied is $100 [ |
||
(3) a Class A misdemeanor if the value of the property | ||
misapplied is $750 [ |
||
(4) a state jail felony if the value of the property | ||
misapplied is $2,500 [ |
||
[ |
||
(5) a felony of the third degree if the value of the | ||
property misapplied is $30,000 [ |
||
$150,000 [ |
||
(6) a felony of the second degree if the value of the | ||
property misapplied is $150,000 [ |
||
$300,000 [ |
||
(7) a felony of the first degree if the value of the | ||
property misapplied is $300,000 [ |
||
SECTION 18. Section 32.46(b), Penal Code, is amended to | ||
read as follows: | ||
(b) An offense under Subsection (a)(1) is a: | ||
(1) Class C misdemeanor if the value of the property, | ||
service, or pecuniary interest is less than $100 [ |
||
(2) Class B misdemeanor if the value of the property, | ||
service, or pecuniary interest is $100 [ |
||
$750 [ |
||
(3) Class A misdemeanor if the value of the property, | ||
service, or pecuniary interest is $750 [ |
||
$2,500 [ |
||
(4) state jail felony if the value of the property, | ||
service, or pecuniary interest is $2,500 [ |
||
than $30,000 [ |
||
(5) felony of the third degree if the value of the | ||
property, service, or pecuniary interest is $30,000 [ |
||
more but less than $150,000 [ |
||
(6) felony of the second degree if the value of the | ||
property, service, or pecuniary interest is $150,000 [ |
||
more but less than $300,000 [ |
||
(7) felony of the first degree if the value of the | ||
property, service, or pecuniary interest is $300,000 [ |
||
more. | ||
SECTION 19. Section 33.02(b-2), Penal Code, is amended to | ||
read as follows: | ||
(b-2) An offense under Subsection (b-1) is: | ||
(1) a Class C misdemeanor if the aggregate amount | ||
involved is less than $100; | ||
(2) a Class B misdemeanor if the aggregate amount | ||
involved is $100 or more but less than $750; | ||
(3) a Class A misdemeanor if the aggregate amount | ||
involved is $750 or more but less than $2,500; | ||
(4) [ |
||
involved is $2,500 or more but less than $30,000 [ |
||
(5) [ |
||
aggregate amount involved is $30,000 [ |
||
than $150,000 [ |
||
(6) [ |
||
(A) the aggregate amount involved is $150,000 | ||
[ |
||
(B) the aggregate amount involved is any amount | ||
less than $300,000 [ |
||
or computer system is owned by the government or a critical | ||
infrastructure facility; or | ||
(C) the actor obtains the identifying | ||
information of another by accessing only one computer, computer | ||
network, or computer system; or | ||
(7) [ |
||
(A) the aggregate amount involved is $300,000 | ||
[ |
||
(B) the actor obtains the identifying | ||
information of another by accessing more than one computer, | ||
computer network, or computer system. | ||
SECTION 20. Section 33A.02(b), Penal Code, is amended to | ||
read as follows: | ||
(b) An offense under this section is: | ||
(1) a Class C misdemeanor if the value of the | ||
telecommunications service used or diverted is less than $100; | ||
(2) a Class B misdemeanor if the value of the | ||
telecommunications service used or diverted is $100 or more but | ||
less than $750 [ |
||
(3) [ |
||
(A) the value of the telecommunications service | ||
used or diverted is $750 [ |
||
[ |
||
(B) the value of the telecommunications service | ||
used or diverted is less than $750 [ |
||
previously convicted of an offense under this chapter; | ||
(4) [ |
||
(A) the value of the telecommunications service | ||
used or diverted is $2,500 [ |
||
[ |
||
(B) the value of the telecommunications service | ||
used or diverted is less than $2,500 [ |
||
been previously convicted two or more times of an offense under this | ||
chapter; | ||
(5) [ |
||
the telecommunications service used or diverted is $30,000 | ||
[ |
||
(6) [ |
||
the telecommunications service used or diverted is $150,000 | ||
[ |
||
(7) [ |
||
the telecommunications service used or diverted is $300,000 | ||
[ |
||
SECTION 21. Section 33A.04(b), Penal Code, is amended to | ||
read as follows: | ||
(b) An offense under this section is: | ||
(1) a Class C misdemeanor if the value of the | ||
telecommunications service obtained or attempted to be obtained is | ||
less than $100; | ||
(2) a Class B misdemeanor if the value of the | ||
telecommunications service obtained or attempted to be obtained is | ||
$100 or more but less than $750 [ |
||
(3) [ |
||
(A) the value of the telecommunications service | ||
obtained or attempted to be obtained is $750 [ |
||
than $2,500 [ |
||
(B) the value of the telecommunications service | ||
obtained or attempted to be obtained is less than $750 [ |
||
the defendant has been previously convicted of an offense under | ||
this chapter; | ||
(4) [ |
||
(A) the value of the telecommunications service | ||
obtained or attempted to be obtained is $2,500 [ |
||
less than $30,000 [ |
||
(B) the value of the telecommunications service | ||
obtained or attempted to be obtained is less than $2,500 [ |
||
and the defendant has been previously convicted two or more times of | ||
an offense under this chapter; | ||
(5) [ |
||
the telecommunications service obtained or attempted to be obtained | ||
is $30,000 [ |
||
(6) [ |
||
the telecommunications service obtained or attempted to be obtained | ||
is $150,000 [ |
||
or | ||
(7) [ |
||
the telecommunications service obtained or attempted to be obtained | ||
is $300,000 [ |
||
SECTION 22. Section 34.02(e), Penal Code, is amended to | ||
read as follows: | ||
(e) An offense under this section is: | ||
(1) a state jail felony if the value of the funds is | ||
$2,500 [ |
||
(2) a felony of the third degree if the value of the | ||
funds is $30,000 [ |
||
[ |
||
(3) a felony of the second degree if the value of the | ||
funds is $150,000 [ |
||
[ |
||
(4) a felony of the first degree if the value of the | ||
funds is $300,000 [ |
||
SECTION 23. Section 35.02(c), Penal Code, is amended to | ||
read as follows: | ||
(c) An offense under Subsection (a) or (b) is: | ||
(1) a Class C misdemeanor if the value of the claim is | ||
less than $100 [ |
||
(2) a Class B misdemeanor if the value of the claim is | ||
$100 [ |
||
(3) a Class A misdemeanor if the value of the claim is | ||
$750 [ |
||
(4) a state jail felony if the value of the claim is | ||
$2,500 [ |
||
(5) a felony of the third degree if the value of the | ||
claim is $30,000 [ |
||
[ |
||
(6) a felony of the second degree if the value of the | ||
claim is $150,000 [ |
||
[ |
||
(7) a felony of the first degree if: | ||
(A) the value of the claim is $300,000 [ |
||
or more; or | ||
(B) an act committed in connection with the | ||
commission of the offense places a person at risk of death or | ||
serious bodily injury. | ||
SECTION 24. Section 35.025(b), Penal Code, is amended to | ||
read as follows: | ||
(b) If goods or services that are the subject of a claim | ||
cannot be reasonably ascertained under Subsection (a), the goods or | ||
services are considered to have a value of $750 [ |
||
less than $2,500 [ |
||
SECTION 25. Section 35A.02(b), Penal Code, is amended to | ||
read as follows: | ||
(b) An offense under this section is: | ||
(1) a Class C misdemeanor if the amount of any payment | ||
or the value of any monetary or in-kind benefit provided or claim | ||
for payment made under the Medicaid program, directly or | ||
indirectly, as a result of the conduct is less than $100 [ |
||
(2) a Class B misdemeanor if the amount of any payment | ||
or the value of any monetary or in-kind benefit provided or claim | ||
for payment made under the Medicaid program, directly or | ||
indirectly, as a result of the conduct is $100 [ |
||
less than $750 [ |
||
(3) a Class A misdemeanor if the amount of any payment | ||
or the value of any monetary or in-kind benefit provided or claim | ||
for payment made under the Medicaid program, directly or | ||
indirectly, as a result of the conduct is $750 [ |
||
less than $2,500 [ |
||
(4) a state jail felony if: | ||
(A) the amount of any payment or the value of any | ||
monetary or in-kind benefit provided or claim for payment made | ||
under the Medicaid program, directly or indirectly, as a result of | ||
the conduct is $2,500 [ |
||
[ |
||
(B) the offense is committed under Subsection | ||
(a)(11); or | ||
(C) it is shown on the trial of the offense that | ||
the amount of the payment or value of the benefit described by this | ||
subsection cannot be reasonably ascertained; | ||
(5) a felony of the third degree if: | ||
(A) the amount of any payment or the value of any | ||
monetary or in-kind benefit provided or claim for payment made | ||
under the Medicaid program, directly or indirectly, as a result of | ||
the conduct is $30,000 [ |
||
[ |
||
(B) it is shown on the trial of the offense that | ||
the defendant submitted more than 25 but fewer than 50 fraudulent | ||
claims under the Medicaid program and the submission of each claim | ||
constitutes conduct prohibited by Subsection (a); | ||
(6) a felony of the second degree if: | ||
(A) the amount of any payment or the value of any | ||
monetary or in-kind benefit provided or claim for payment made | ||
under the Medicaid program, directly or indirectly, as a result of | ||
the conduct is $150,000 [ |
||
[ |
||
(B) it is shown on the trial of the offense that | ||
the defendant submitted 50 or more fraudulent claims under the | ||
Medicaid program and the submission of each claim constitutes | ||
conduct prohibited by Subsection (a); or | ||
(7) a felony of the first degree if the amount of any | ||
payment or the value of any monetary or in-kind benefit provided or | ||
claim for payment made under the Medicaid program, directly or | ||
indirectly, as a result of the conduct is $300,000 [ |
||
more. | ||
SECTION 26. Section 39.02(c), Penal Code, is amended to | ||
read as follows: | ||
(c) An offense under Subsection (a)(2) is: | ||
(1) a Class C misdemeanor if the value of the use of | ||
the thing misused is less than $100 [ |
||
(2) a Class B misdemeanor if the value of the use of | ||
the thing misused is $100 [ |
||
(3) a Class A misdemeanor if the value of the use of | ||
the thing misused is $750 [ |
||
[ |
||
(4) a state jail felony if the value of the use of the | ||
thing misused is $2,500 [ |
||
[ |
||
(5) a felony of the third degree if the value of the | ||
use of the thing misused is $30,000 [ |
||
$150,000 [ |
||
(6) a felony of the second degree if the value of the | ||
use of the thing misused is $150,000 [ |
||
than $300,000 [ |
||
(7) a felony of the first degree if the value of the | ||
use of the thing misused is $300,000 [ |
||
SECTION 27. 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 28. This Act takes effect September 1, 2015. |