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. |