HB2135 - Relating to the prosecution of the criminal offense of organized retail theft.

  89R6111 JRR-F     By: Bhojani H.B. No. 2135       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the criminal offense of organized   retail theft.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 31.16, Penal Code, is amended to read as   follows:          Sec. 31.16.  ORGANIZED RETAIL THEFT. (a) [ (b) ]  A person   commits an offense if , with the intent to support, facilitate, or   engage in the acquisition of stolen retail merchandise and the   redistribution of that merchandise into the supply chain, the   person [ intentionally ] conducts, promotes, or facilitates an   activity in which the person receives, possesses, conceals, stores,   barters, sells, or disposes of a total value of not less than $100   of :                (1)  stolen retail merchandise; or                (2)  merchandise explicitly represented to the person   as being stolen retail merchandise.           (b)  [ (c) ]  An offense under this section is:                (1)  [ a Class C misdemeanor if the total value of the   merchandise involved in the activity is less than $100;                [ (2) ] a Class B misdemeanor if the total value of the   merchandise involved in the activity is $100 or more but less than   $750;                 (2)  [ (3) ]  a Class A misdemeanor if the total value of   the merchandise involved in the activity is $750 or more but less   than $2,500;                 (3)  [ (4) ]  a state jail felony if the total value of the   merchandise involved in the activity is $2,500 or more but less than   $30,000;                 (4)  [ (5) ]  a felony of the third degree if the total   value of the merchandise involved in the activity is $30,000 or more   but less than $150,000;                 (5)  [ (6) ]  a felony of the second degree if the total   value of the merchandise involved in the activity is $150,000 or   more but less than $300,000; or                 (6)  [ (7) ]  a felony of the first degree if the total   value of the merchandise involved in the activity is $300,000 or   more.           (c)  [ (d) ]  An offense described for purposes of punishment   by Subsections (b)(1)-(5) [ (c)(1)-(6) ] is increased to the next   higher category of offense if it is shown on the trial of the   offense that:                (1)  the person organized, supervised, financed, or   managed one or more other persons engaged in an activity described   by Subsection (a) [ (b) ]; or                (2)  during the commission of the offense, a person   engaged in an activity described by Subsection (a) [ (b) ]   intentionally, knowingly, or recklessly:                      (A)  caused a fire exit alarm to sound or   otherwise become activated;                      (B)  deactivated or otherwise prevented a fire   exit alarm or retail theft detector from sounding; or                      (C)  used a shielding or deactivation instrument   to prevent or attempt to prevent detection of the offense by a   retail theft detector.          SECTION 2.  The change in law made by this Act applies 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,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2025.