The bill, H.B. No. 3167, aims to enhance the prosecution and punishment of organized retail theft in Texas by introducing new legal provisions and increasing penalties for such offenses. It adds Article 21.155 to 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 is added to establish that certain evidence, such as prior theft offenses and price tags, can be used in court to demonstrate intent or ownership in organized retail theft cases.
Furthermore, the bill amends the Penal Code to redefine "retail merchandise" and "merchant," and it modifies the criteria for determining the value of stolen property. It specifies that organized retail theft can occur through various means, including acting in concert with others or overwhelming security measures. The penalties for organized retail theft are also increased, with classifications ranging from misdemeanors to felonies based on the value of the stolen property, including provisions for 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)