Texas House Bill HB1396

Texas 2009 - 81st Regular

• Out of House Committee: 4/21/09
• Voted on by House: 5/17/09

Caption

Relating to the punishment prescribed for burglary of a vehicle and to grants of community supervision to persons who commit that offense.

Impact

By revising the classification and penalties for vehicle burglary, HB1396 intends to create a more structured legal approach to managing repeat offenders. Specifically, individuals with multiple offenses may face enhanced penalties, thereby aiming to deter future crimes and address recidivism within this category of crime. The introduction of grant provisions for community supervision reflects a trend towards rehabilitative measures within the criminal justice system, possibly reducing the burden on jails and promoting community-based sentencing approaches.

Summary

House Bill 1396 addresses the penalties associated with the offense of vehicle burglary in Texas. The bill proposes amendments to Section 30.04 of the Penal Code, which governs the legal ramifications of breaking into or entering vehicles. Under the revised statute, the bill clarifies that a first offense is categorized as a Class A misdemeanor, but specifies conditions under which it escalates to a state jail felony depending on prior convictions or if the vehicle involved is a rail car. This differentiation aims to provide a clearer framework for law enforcement and the judiciary when dealing with vehicle burglaries.

Contention

The legislative discussion surrounding HB1396 is likely to evoke varying opinions regarding the fairness and appropriateness of the proposed penalties. Supporters may argue that stricter penalties for repeat offenders align with public safety goals and the need to combat vehicle theft. Conversely, opponents might raise concerns that harsher penalties could disproportionately affect low-income individuals or those struggling with addiction or mental health issues who may turn to burglary as a desperate measure. There may also be debate about the effectiveness of community supervision versus traditional incarceration in reducing repeat offenses.