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/SB01166S.htm
| By: Birdwell | S.B. No. 1166 | |
| (In the Senate - Filed February 23, 2023; March 9, 2023, | ||
| read first time and referred to Committee on Criminal Justice; | ||
| April 27, 2023, reported adversely, with favorable Committee | ||
| Substitute by the following vote: Yeas 6, Nays 0; April 27, 2023, | ||
| sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR S.B. No. 1166 | By: Flores | |
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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. Sections 30.04(b) and (d), Penal Code, are | ||
| amended 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) 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[ |
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| [ |
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| vehicle with the intent to commit theft of a controlled substance; | ||
| or | ||
| (B) the actor committed theft of a firearm during | ||
| the commission of the offense. | ||
| 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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