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TX HB3167
Bill
Status
2/21/2025
Primary Sponsor
David Cook
Click for details
AI Summary
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Redefines organized retail theft to include acting in concert with others to steal from merchants, committing theft from a merchant on two or more occasions within 180 days, knowingly benefiting from such theft, or coordinating to overwhelm merchant security or police response
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Increases criminal penalties by one category across all value thresholds: under $100 becomes Class B misdemeanor (was Class C), $100-$750 becomes Class A misdemeanor (was Class B), $750-$2,500 becomes state jail felony (was Class A misdemeanor), and higher values escalate accordingly up to first-degree felony with 15-99 years imprisonment for $300,000+
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Simplifies prosecution by allowing indictments to name only the merchant and aggregate value range of stolen property rather than requiring itemization of each stolen item
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Establishes that unaltered price tags serve as prima facie evidence of merchandise value and merchant ownership, and creates presumption of intent to deprive when defendants alter labels, remove theft detectors, or repackage merchandise
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Counts deferred adjudication and nolo contendere pleas as prior convictions for penalty enhancement purposes, and eliminates defenses based on co-conspirators not being identified or law enforcement sting operations
Legislative Description
Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.
Crimes
Last Action
Left pending in subcommittee
4/24/2025