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 clarifies that an indictment for organized retail theft does not need to specify each item stolen, but only the merchant and the aggregate value range of the stolen property. 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 definitions of "retail merchandise" and "merchant" in the Penal Code, expanding the scope of what constitutes retail theft.
Furthermore, the bill modifies Section 31.16 of the Penal Code to redefine the offense of organized retail theft, specifying that it includes actions taken in concert with others to unlawfully appropriate merchandise. It also establishes a presumption of intent to deprive a merchant of property if certain actions, such as altering price tags, are taken. The penalties for organized retail theft are increased, with classifications ranging from a Class B misdemeanor to a felony of the first degree, depending on the value of the stolen property. 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)
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)