S.B. No. 1300 aims to enhance the prosecution and penalties associated with organized retail theft in Texas. The bill introduces new legal provisions, including Article 21.155 in the Code of Criminal Procedure, which allows for indictments in organized retail theft cases to be sufficient without naming each stolen item, provided the merchant's name and the aggregate value range of the stolen property are included. Additionally, Article 38.51 establishes that evidence of prior theft offenses can be admissible to demonstrate intent or knowledge in organized retail theft cases. The bill also amends the Penal Code to redefine "retail merchandise" and "merchant," and it specifies how the value of stolen merchandise is determined for prosecution purposes.
Furthermore, the bill modifies the existing definitions and penalties for organized retail theft under Section 31.16 of the Penal Code. It clarifies that a person can be charged with organized retail theft if they act in concert with others to unlawfully appropriate merchandise, and it establishes a presumption of intent to deprive the merchant of property under certain conditions. The penalties for organized retail theft are increased, with specific classifications based on the value of the stolen property, ranging from misdemeanors to felonies. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.
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)
House Committee Report: Penal Code 31.01, Penal Code 31.08, Penal Code 31.16 (Penal Code 31)
Enrolled: Penal Code 31.01, Penal Code 31.08, Penal Code 31.16 (Penal Code 31)