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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of theft of cattle, |
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horses, exotic livestock, exotic fowl, sheep, swine, or goats; |
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increasing a criminal penalty; imposing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.023 to read as follows: |
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Art. 102.023. FEE FOR THEFT OF LIVESTOCK. (a) On |
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conviction of an offense under Section 31.03, Penal Code, involving |
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the theft of cattle, horses, exotic livestock, exotic fowl, sheep, |
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swine, or goats, the defendant shall pay a fee of $20. |
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(b) An officer who collects a fee under this article shall |
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remit the fee to the Texas and Southwestern Cattle Raisers |
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Association, to be used only for purposes of the special rangers |
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appointed under Article 2.125. |
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(c) In this article, a person is considered convicted if: |
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(1) a sentence is imposed on the person; |
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(2) the person is placed on community supervision, |
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including deferred adjudication community supervision; or |
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(3) the court defers final disposition of the person's |
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case. |
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SECTION 2. Article 103.004, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (b) to |
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read as follows: |
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(a) Except as provided by Subsections (b) and [Subsection] |
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(c), an officer who collects recognizances, bail bonds, fines, |
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forfeitures, judgments, jury fees, and other obligations recovered |
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in the name of the state under any provision of this title shall |
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deposit the money in the county treasury not later than the next |
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regular business day after the date that the money is |
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collected. If it is not possible for the officer to deposit the |
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money in the county treasury by that date, the officer shall deposit |
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the money in the county treasury as soon as possible, but not later |
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than the fifth regular business day after the date that the money is |
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collected. |
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(b) An officer who collects a fine imposed for an offense |
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under Section 31.03, Penal Code, involving the theft of cattle, |
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horses, exotic livestock, exotic fowl, sheep, swine, or goats shall |
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remit the fine as follows: |
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(1) 90 percent of the fine to the victim or victims of |
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the offense in equal amounts; and |
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(2) 10 percent of the fine to the Texas and |
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Southwestern Cattle Raisers Association, to be used only for |
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purposes of the special rangers appointed under Article 2.125. |
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SECTION 3. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Section 103.02102 to read as follows: |
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Sec. 103.02102. ADDITIONAL FEE FOR CERTAIN CASES INVOLVING |
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THEFT OF LIVESTOCK: CODE OF CRIMINAL PROCEDURE. On conviction of an |
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offense under Section 31.03, Penal Code, involving the theft of |
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cattle, horses, exotic livestock, exotic fowl, sheep, swine, or |
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goats, the defendant shall pay a fee of $20 under Article 102.023, |
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Code of Criminal Procedure. |
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SECTION 4. Sections 31.03(e) and (g), Penal Code, are |
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amended to read as follows: |
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(e) Except as provided by Subsection (f), an offense under |
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this section is: |
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(1) a Class C misdemeanor if the value of the property |
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stolen is less than $100; |
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(2) a Class B misdemeanor if: |
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(A) the value of the property stolen is $100 or |
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more but less than $750; |
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(B) the value of the property stolen is less than |
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$100 and the defendant has previously been convicted of any grade of |
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theft; or |
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(C) the property stolen is a driver's license, |
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commercial driver's license, or personal identification |
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certificate issued by this state or another state; |
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(3) a Class A misdemeanor if the value of the property |
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stolen is $750 or more but less than $2,500; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $2,500 or |
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more but less than $30,000, or the property stolen is less than 10 |
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head of sheep, swine, or goats or any part thereof under the value |
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of $30,000; |
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(B) regardless of value, the property is stolen |
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from the person of another or from a human corpse or grave, |
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including property that is a military grave marker; |
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(C) the property stolen is a firearm, as defined |
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by Section 46.01; |
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(D) the value of the property stolen is less than |
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$2,500 and the defendant has been previously convicted two or more |
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times of any grade of theft; |
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(E) the property stolen is an official ballot or |
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official carrier envelope for an election; or |
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(F) the value of the property stolen is less than |
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$20,000 and the property stolen is: |
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(i) aluminum; |
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(ii) bronze; |
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(iii) copper; or |
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(iv) brass; |
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(5) a felony of the third degree if the value of the |
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property stolen is $30,000 or more but less than $150,000, or the |
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property stolen is: |
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(A) cattle, horses, [or] exotic livestock, or |
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exotic fowl [as defined by Section 142.001, Agriculture Code,] |
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stolen during a single transaction and having an aggregate value of |
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less than $75,000 [$150,000]; or |
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(B) 10 or more head of sheep, swine, or goats |
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stolen during a single transaction and having an aggregate value of |
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less than $75,000 [$150,000]; |
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(6) a felony of the second degree if: |
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(A) the value of the property stolen is $150,000 |
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or more but less than $300,000; [or] |
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(B) the value of the property stolen is less than |
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$300,000 and the property stolen is an automated teller machine or |
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the contents or components of an automated teller machine; or |
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(C) the property stolen is: |
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(i) cattle, horses, exotic livestock, or |
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exotic fowl stolen during a single transaction and having an |
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aggregate value of $75,000 or more but less than $225,000; or |
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(ii) 10 or more head of sheep, swine, or |
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goats stolen during a single transaction and having an aggregate |
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value of $75,000 or more but less than $225,000; or |
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(7) a felony of the first degree if the value of the |
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property stolen is $300,000 or more, or the property stolen is: |
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(A) cattle, horses, exotic livestock, or exotic |
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fowl stolen during a single transaction and having an aggregate |
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value of $225,000 or more; or |
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(B) 10 or more head of sheep, swine, or goats |
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stolen during a single transaction and having an aggregate value of |
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$225,000 or more. |
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(g) For the purposes of Subsection (a), a person is the |
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owner of exotic livestock or exotic fowl [as defined by Section
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142.001, Agriculture Code,] only if the person qualifies to claim |
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the animal under Section 142.0021, Agriculture Code, if the animal |
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is an estray. |
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SECTION 5. Section 31.03(h), Penal Code, is amended by |
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adding Subdivision (5) to read as follows: |
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(5) "Exotic livestock" and "exotic fowl" have the |
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meanings assigned by Section 142.001, Agriculture Code. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |