| 1 | 1 | | 81R5469 PEP-D |
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| 2 | 2 | | By: Farrar H.B. No. 1396 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the punishment prescribed for burglary of a vehicle and |
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| 8 | 8 | | to grants of community supervision to persons who commit that |
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| 9 | 9 | | offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 30.04(d), Penal Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (d) An offense under this section is a Class A misdemeanor, |
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| 14 | 14 | | except that[: |
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| 15 | 15 | | [(1) the offense is a Class A misdemeanor with |
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| 16 | 16 | | a minimum term of confinement of six months if it is shown on the |
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| 17 | 17 | | trial of the offense that the defendant has been previously |
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| 18 | 18 | | convicted of an offense under this section; and |
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| 19 | 19 | | [(2)] the offense is a state jail felony if: |
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| 20 | 20 | | (1) [(A)] it is shown on the trial of the offense that |
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| 21 | 21 | | the defendant has been previously convicted [two or more times] of |
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| 22 | 22 | | an offense under this section; or |
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| 23 | 23 | | (2) [(B)] the vehicle or part of the vehicle broken |
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| 24 | 24 | | into or entered is a rail car. |
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| 25 | 25 | | SECTION 2. Section 16(b), Article 42.12, Code of Criminal |
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| 26 | 26 | | Procedure, is amended to read as follows: |
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| 27 | 27 | | (b) The amount of community service work ordered by the |
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| 28 | 28 | | judge: |
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| 29 | 29 | | (1) may not exceed 1,000 hours for an offense |
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| 30 | 30 | | classified as a first degree felony; |
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| 31 | 31 | | (2) may not exceed 800 hours for an offense classified |
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| 32 | 32 | | as a second degree felony; |
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| 33 | 33 | | (3) may not exceed 600 hours for an offense classified |
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| 34 | 34 | | as a third degree felony; |
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| 35 | 35 | | (4) except as provided by Subdivision (5), may not |
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| 36 | 36 | | exceed 400 hours for an offense classified as a state jail felony; |
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| 37 | 37 | | (5) may not[: |
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| 38 | 38 | | [(A)] exceed 600 hours for an offense under |
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| 39 | 39 | | Section 30.04, Penal Code[, classified as a Class A misdemeanor]; |
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| 40 | 40 | | (6) except as provided by Subdivision (5), may not [or |
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| 41 | 41 | | [(B)] exceed 200 hours for any [other] offense |
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| 42 | 42 | | classified as a Class A misdemeanor or for any other misdemeanor for |
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| 43 | 43 | | which the maximum permissible confinement, if any, exceeds six |
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| 44 | 44 | | months or the maximum permissible fine, if any, exceeds $4,000; and |
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| 45 | 45 | | (7) [(6)] may not exceed 100 hours for an offense |
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| 46 | 46 | | classified as a Class B misdemeanor or for any other misdemeanor for |
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| 47 | 47 | | which the maximum permissible confinement, if any, does not exceed |
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| 48 | 48 | | six months and the maximum permissible fine, if any, does not exceed |
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| 49 | 49 | | $4,000. |
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| 50 | 50 | | SECTION 3. Sections 3(h) and 4(f), Article 42.12, Code of |
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| 51 | 51 | | Criminal Procedure, are repealed. |
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| 52 | 52 | | SECTION 4. The change in law made by this Act applies only |
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| 53 | 53 | | to an offense committed on or after the effective date of this Act. |
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| 54 | 54 | | An offense committed before the effective date of this Act is |
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| 55 | 55 | | governed by the law in effect when the offense was committed, and |
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| 56 | 56 | | the former law is continued in effect for that purpose. For |
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| 57 | 57 | | purposes of this section, an offense was committed before the |
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| 58 | 58 | | effective date of this Act if any element of the offense occurred |
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| 59 | 59 | | before that date. |
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| 60 | 60 | | SECTION 5. This Act takes effect September 1, 2009. |
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