S.B. No. 1300 aims to enhance the prosecution and punishment of organized retail theft in Texas by introducing new legal provisions and increasing penalties for such offenses. The bill adds Article 21.155 to the Code of Criminal Procedure, which allows for indictments in organized retail theft cases to be sufficient if they name the merchant and the aggregate value range of the stolen property, rather than requiring a detailed description of each item. Additionally, Article 38.51 is introduced to clarify the admissibility of evidence in these prosecutions, including prior theft offenses and the use of price tags as prima facie evidence of value and ownership.
The bill also amends the Penal Code to redefine "retail merchandise" and "merchant," and it modifies the criteria for determining the value of stolen property. Notably, it establishes that organized retail theft can be prosecuted under various circumstances, including when multiple individuals act in concert to commit theft. The penalties for organized retail theft are increased, with specific classifications based on the value of the stolen property, ranging from misdemeanors to felonies punishable by life imprisonment for the most severe offenses. The changes will take effect on September 1, 2025, and will apply only to offenses committed after that date.
Statutes affected: Introduced: Penal Code 31.01, Penal Code 31.08, Penal Code 31.16 (Penal Code 31)
Senate Committee Report: Penal Code 31.01, Penal Code 31.08, Penal Code 31.16 (Penal Code 31)
Engrossed: Penal Code 31.01, Penal Code 31.08, Penal Code 31.16 (Penal Code 31)