Bill > HB3167

This bill addresses organized retail theft by making several key modifications to Texas criminal law. The bill expands the definition of "retail merchandise" to include items sold by merchants, including gift cards, and broadens the definition of "merchant" to mean any business selling items to the public. It introduces new provisions for prosecuting organized retail theft, allowing indictments to describe stolen property by aggregate value range instead of listing each specific item. The bill creates new evidentiary standards, such as allowing price tags as prima facie evidence of merchandise value and ownership, and permitting evidence of prior theft offenses to demonstrate intent or concert of action. Significantly, the bill increases criminal penalties for organized retail theft, creating more detailed offense categories based on total property value, ranging from a Class B misdemeanor for theft under $100 to a first-degree felony with potential life imprisonment for theft of $300,000 or more. The bill also removes previous limitations on prosecution, such as eliminating defenses related to law enforcement strategies or undercover operations, and establishes that a person can be considered convicted of the offense even if they received deferred adjudication. These changes aim to provide law enforcement and prosecutors with more robust tools to combat organized retail theft and impose stricter penalties on offenders.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3167