HB1572 - Relating to mail theft and certain criminal offenses committed against an employee or contractor of a common carrier or delivery service delivering mail; increasing criminal penalties.

  89R4992 JRR-D     By: Campos H.B. No. 1572       A BILL TO BE ENTITLED   AN ACT   relating to mail theft and certain criminal offenses committed   against an employee or contractor of a common carrier or delivery   service delivering mail; increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 22.01(b) and (d), Penal Code, are   amended to read as follows:          (b)  An offense under Subsection (a)(1) is a Class A   misdemeanor, except that the offense is a felony of the third degree   if the offense is committed against:                (1)  a person the actor knows is a public servant while   the public servant is lawfully discharging an official duty, or in   retaliation or on account of an exercise of official power or   performance of an official duty as a public servant;                (2)  a person whose relationship to or association with   the defendant is described by Section 71.0021(b), 71.003, or   71.005, Family Code, if:                      (A)  it is shown on the trial of the offense that   the defendant has been previously convicted of an offense that was   committed:                            (i)  against a person whose relationship to   or association with the defendant is described by Section   71.0021(b), 71.003, or 71.005, Family Code; and                            (ii)  under:                                  (a)  this chapter, Chapter 19, or   Section 20.03, 20.04, 21.11, or 25.11;                                  (b)  Section 25.07, if the applicable   violation was based on the commission of family violence as   described by Subsection (a)(1) of that section; or                                  (c)  Section 25.072, if any of the   applicable violations were based on the commission of family   violence as described by Section 25.07(a)(1); or                      (B)  the offense is committed by intentionally,   knowingly, or recklessly impeding the normal breathing or   circulation of the blood of the person by applying pressure to the   person's throat or neck or by blocking the person's nose or mouth;                (3)  a person who contracts with government to perform   a service in a facility described by Section 1.07(a)(14), Penal   Code, or Section 51.02(13) or (14), Family Code, or an employee of   that person:                      (A)  while the person or employee is engaged in   performing a service within the scope of the contract, if the actor   knows the person or employee is authorized by government to provide   the service; or                      (B)  in retaliation for or on account of the   person's or employee's performance of a service within the scope of   the contract;                (4)  a person the actor knows is a security officer   while the officer is performing a duty as a security officer;                (5)  a person the actor knows is emergency services   personnel while the person is providing emergency services;                (6)  a person the actor knows is a process server while   the person is performing a duty as a process server;                (7)   a person the actor knows is an employee or   contractor of a common carrier or delivery service while the person   is performing a duty relating to the delivery of mail, as defined by   Section 31.20;                 (8)   a pregnant individual to force the individual to   have an abortion;                 (9)  [ (8) ]  a person the actor knows is pregnant at the   time of the offense; or                 (10)  [ (9) ]  a person the actor knows is hospital   personnel while the person is located on hospital property,   including all land and buildings owned or leased by the hospital.          (d)  For purposes of Subsection (b), the actor is presumed to   have known the person assaulted was a public servant, a security   officer, [ or ] emergency services personnel , or an employee or   contractor of a common carrier or delivery service if the person was   wearing a distinctive uniform or badge indicating the person's   employment as a public servant or status as a security officer , [ or ]   emergency services personnel , or an employee or contractor of a   common carrier or delivery service .          SECTION 2.  Sections 22.02(b) and (c), Penal Code, are   amended to read as follows:          (b)  An offense under this section is a felony of the second   degree, except that the offense is a felony of the first degree if:                (1)  the actor uses a deadly weapon during the   commission of the assault and causes:                      (A)  serious bodily injury to a person whose   relationship to or association with the defendant is described by   Section 71.0021(b), 71.003, or 71.005, Family Code; or                      (B)  a traumatic brain or spine injury to another   that results in a persistent vegetative state or irreversible   paralysis;                (2)  regardless of whether the offense is committed   under Subsection (a)(1) or (a)(2), the offense is committed:                      (A)  by a public servant acting under color of the   servant's office or employment;                      (B)  against a person the actor knows is a public   servant while the public servant is lawfully discharging an   official duty, or in retaliation or on account of an exercise of   official power or performance of an official duty as a public   servant;                      (C)  in retaliation against or on account of the   service of another as a witness, prospective witness, informant, or   person who has reported the occurrence of a crime;                      (D)  against a person the actor knows is a process   server while the person is performing a duty as a process server;   [ or ]                      (E)  against a person the actor knows is a   security officer while the officer is performing a duty as a   security officer; or                       (F)     against a person the actor knows is an   employee or contractor of a common carrier or delivery service   while the person is performing a duty relating to the delivery of   mail, as defined by Section 31.20;                (3)  the actor is in a motor vehicle, as defined by   Section 501.002, Transportation Code, and:                      (A)  knowingly discharges a firearm at or in the   direction of a habitation, building, or vehicle;                      (B)  is reckless as to whether the habitation,   building, or vehicle is occupied; and                      (C)  in discharging the firearm, causes serious   bodily injury to any person; or                (4)  the actor commits the assault as part of a mass   shooting.          (c)  The actor is presumed to have known the person assaulted   was a public servant , [ or ] a security officer , or an employee or   contractor of a common carrier or delivery service if the person was   wearing a distinctive uniform or badge indicating the person's   employment as a public servant or status as a security officer or an   employee or contractor of a common carrier or delivery service .          SECTION 3.  Section 31.20, Penal Code, is amended by adding   Subsection (b-1) and amending Subsections (c), (d), and (e) to read   as follows:           (b-1)     For purposes of Subsection (b), an actor in possession   of mail that, in the aggregate, is addressed to at least five   persons other than the actor is presumed to have engaged in conduct   constituting an offense under that subsection unless the actor   possesses the mail in the course of the person's duties as an   employee or contractor of a common carrier or delivery service.            (c)  Except as provided by Subsections (d) and (e), an   offense under this section is:                (1)  a state jail felony [ Class A misdemeanor ] if the   mail is appropriated from fewer than 10 addressees;                (2)  a [ state jail ] felony of the third degree if the   mail is appropriated from at least 10 but fewer than 30 addressees;   or                (3)  a felony of the second [ third ] degree if the mail   is appropriated from 30 or more addressees.          (d)  If it is shown on the trial of an offense under this   section that the appropriated mail contained an item of identifying   information and the actor committed the offense with the intent to   facilitate an offense under Section 32.51, an offense under this   section is:                (1)  [ a state jail felony if the mail is appropriated   from fewer than 10 addressees;                [ (2) ]  a felony of the third degree if the mail is   appropriated from [ at least 10 but ] fewer than 20 addressees;                 (2)  [ (3) ]  a felony of the second degree if the mail is   appropriated from at least 20 but fewer than 50 addressees; or                 (3)  [ (4) ]  a felony of the first degree if the mail is   appropriated from 50 or more addressees.          (e)  An offense described for purposes of punishment by   Subsection (d)(1)[ , (2), ] or (2) [ (3) ] is increased to the next   higher category of offense if it is shown on the trial of the   offense that at the time of the offense the actor knew or had reason   to believe that an addressee from whom the actor appropriated mail   was a disabled individual or an elderly individual.          SECTION 4.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act is governed   by the law in effect on the date the offense was committed [Text truncated for display. Full text available on Congress.gov.]