88(R) SB 1185 - Introduced version - Bill Text

Relating to the punishment for the offense of burglary of a vehicle involving theft of a firearm; increasing a criminal penalty.

https://capitol.texas.gov/tlodocs/88R/billtext/html/SB01185I.htm

  88R9411 CJD-D
 
  By: Eckhardt S.B. No. 1185
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the offense of burglary of a vehicle
  involving theft of a firearm; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 30.04, Penal Code, is amended by
  amending Subsections (b), (d), and (d-1) and adding Subsection
  (d-2) to read as follows:
         (b)  For purposes of this section:
               (1)  "Enter" [,"enter"] means to intrude:
                     (A) [(1)]  any part of the body; or
                     (B) [(2)]  any physical object connected with the
  body.
               (2)  "Firearm" has the meaning assigned by Section
  46.01.
         (d)  Except as provided by Subsection (d-1), an [An] offense
  under this section is a Class A misdemeanor, except that:
               (1)  the offense is a Class A misdemeanor with a minimum
  term of confinement of six months if it is shown on the trial of the
  offense that the defendant has been previously convicted of an
  offense under this section;
               (2)  the offense is a state jail felony if:
                     (A)  it is shown on the trial of the offense that
  the defendant has been previously convicted two or more times of an
  offense under this section; or
                     (B)  the vehicle or part of the vehicle broken
  into or entered is a rail car; and
               (3)  the offense is a felony of the third degree if:
                     (A)  the vehicle broken into or entered is owned
  or operated by a wholesale distributor of prescription drugs; and
                     (B)  the actor breaks into or enters that vehicle
  with the intent to commit theft of a controlled substance.
         (d-1)  An offense under this section is a state jail felony
  if, during the commission of the offense, the actor engages in
  conduct constituting the offense of theft of a firearm, except that
  the offense is a felony of the third degree if it is shown on the
  trial of the offense that the actor has been previously convicted of
  an offense punishable under this subsection.
         (d-2)  For the purposes of Subsections [Subsection] (d) and
  (d-1), a defendant has been previously convicted under this section
  if the defendant was adjudged guilty of the offense or entered a
  plea of guilty or nolo contendere in return for a grant of deferred
  adjudication, regardless of whether the sentence for the offense
  was ever imposed or whether the sentence was probated and the
  defendant was subsequently discharged from community supervision.
         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, 2023.
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