HB4414 - Relating to certain criminal offenses involving mail or a mail receptacle key or lock; creating a criminal offense; increasing a criminal penalty.

      By: Alders H.B. No. 4414       A BILL TO BE ENTITLED   AN ACT   relating to certain criminal offenses involving mail or a mail   receptacle key or lock; creating a criminal offense; increasing a   criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 31.20(a), Penal Code, is amended by   amending Subdivision (3) and adding Subdivision (4) to read as   follows:                (3)  "Mail" means a letter, postal card, package, bag,   or other sealed article that:                      (A)  is delivered by a common carrier or delivery   service and :                             (i)  is in transit; or                             (ii)  has been delivered but not yet   received by the addressee; or                      (B)  has been left to be collected for delivery by   a common carrier or delivery service.                 (4)     "Negotiable instrument" has the meaning assigned   by Section 3.104, Business & Commerce Code.          SECTION 2.  Section 31.20, Penal Code, is amended by   amending Subsections (b) and (d) and adding Subsections (d-1) and   (e-1) to read as follows:          (b)  A person commits an offense if the person intentionally   appropriates mail [ from another person's mailbox or premises ]   without the effective consent of the addressee and with the intent   to :                 (1)   deprive that addressee of the mail ; or                 (2)  steal a negotiable instrument .          (d)  If it is shown on the trial of an offense under   Subsection (b)(1) [ 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, the [ 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;                (3)  a felony of the second degree if the mail is   appropriated from at least 20 but fewer than 50 addressees; or                (4)  a felony of the first degree if the mail is   appropriated from 50 or more addressees.           (d-1)     If it is shown on the trial of an offense under   Subsection (b)(2) that the appropriated mail contained a negotiable   instrument and the actor committed the offense with the intent to   facilitate an offense under Chapter 32, the offense is:                 (1)     a state jail felony if five or fewer negotiable   instruments are appropriated;                 (2)     a felony of the third degree if more than 5 but   fewer than 10 negotiable instruments are appropriated;                 (3)     a felony of the second degree if at least 10 but   fewer than 50 negotiable instruments are appropriated; or                 (4)     a felony of the first degree if 50 or more   negotiable instruments are appropriated.           (e-1)     An offense described for purposes of punishment by   Subsection (d-1)(1), (2), or (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 a negotiable   instrument was a disabled individual or an elderly individual.          SECTION 3.  Subchapter D, Chapter 32, Penal Code, is amended   by adding Section 32.56 to read as follows:           Sec.   32.56.     UNLAWFUL CONDUCT INVOLVING MAIL RECEPTACLE KEY   OR LOCK. (a) In this section:                 (1)  "Mail" has the meaning assigned by Section 31.20.                 (2)  "Postal service" means:                       (A)     the United States Postal Service or a   contractor of the United States Postal Service; or                       (B)  any commercial courier that delivers mail.           (b)     A person commits an offense if, with the intent to harm   or defraud another or to deprive another of that person's property,   the person obtains, possesses, duplicates, transfers, or uses a key   or lock adopted by a postal service for any box or other authorized   receptacle for the deposit or delivery of mail.           (c)     An offense under this section is a felony of the third   degree, except that the offense is a felony of the second degree if   it is shown on the trial of the offense that the actor has been   previously convicted of an offense under this section.          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, 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 5.  This Act takes effect September 1, 2025.