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 | |
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| 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" [ |
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| (A) [ |
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| (B) [ |
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| body. | ||
| (2) "Firearm" has the meaning assigned by Section | ||
| 46.01. | ||
| (d) Except as provided by Subsection (d-1), an [ |
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| 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 [ |
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| (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. | ||
