Texas 2009 - 81st Regular

Texas House Bill HB3520 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5796 PEP-D
2	2	By: Riddle H.B. No. 3520
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment prescribed for burglary of a vehicle and
8	8	to grants of community supervision to persons who commit that
9	9	offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 30.04(d), Penal Code, is amended to read
12	12	as follows:
13	13	(d) An offense under this section is a [Class A misdemeanor,
14	14	except that:
15	15	[(1) the offense is a Class A misdemeanor with
16	16	a minimum term of confinement of six months if it is shown on the
17	17	trial of the offense that the defendant has been previously
18	18	convicted of an offense under this section; and
19	19	[(2) the offense is a] state jail felony [if:
20	20	[(A) it is shown on the trial of the offense that
21	21	the defendant has been previously convicted two or more times of an
22	22	offense under this section; or
23	23	[(B) the vehicle or part of the vehicle broken
24	24	into or entered is a rail car].
25	25	SECTION 2. Section 4(d), Article 42.12, Code of Criminal
26	26	Procedure, as amended by Chapters 593 (H.B. 8) and 1205 (H.B. 1678),
27	27	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
28	28	and amended to read as follows:
29	29	(d) A defendant is not eligible for community supervision
30	30	under this section if the defendant:
31	31	(1) is sentenced to a term of imprisonment that
32	32	exceeds 10 years;
33	33	(2) is convicted of a state jail felony for which
34	34	suspension of the imposition of the sentence occurs automatically
35	35	under Section 15(a) or (a-1);
36	36	(3) does not file a sworn motion under Subsection (e)
37	37	of this section or for whom the jury does not enter in the verdict a
38	38	finding that the information contained in the motion is true;
39	39	(4) is convicted of an offense for which punishment is
40	40	increased under Section 481.134(c), (d), (e), or (f), Health and
41	41	Safety Code, if it is shown that the defendant has been previously
42	42	convicted of an offense for which punishment was increased under
43	43	any one of those subsections;
44	44	(5) is convicted of an offense listed in Section
45	45	3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
46	46	than 14 years of age at the time the offense was committed;
47	47	(6) is convicted of an offense listed in Section
48	48	3g(a)(1)(D), if the victim of the offense was younger than 14 years
49	49	of age at the time the offense was committed and the actor committed
50	50	the offense with the intent to violate or abuse the victim sexually;
51	51	[or]
52	52	(7) is convicted of an offense listed in Section
53	53	3g(a)(1)(I); or
54	54	(8) is adjudged guilty of an offense under Section
55	55	19.02, Penal Code.
56	56	SECTION 3. Section 4(f), Article 42.12, Code of Criminal
57	57	Procedure, is amended to read as follows:
58	58	(f) With respect to a defendant who is not otherwise
59	59	ineligible for community supervision under this section as provided
60	60	by Subsection (d), the [The] minimum period of community
61	61	supervision under this section for an offense under Section 30.04,
62	62	Penal Code, [punishable as a Class A misdemeanor with a minimum term
63	63	of confinement of six months] is one year.
64	64	SECTION 4. Section 15(a)(2), Article 42.12, Code of
65	65	Criminal Procedure, is amended to read as follows:
66	66	(2) On conviction of a state jail felony punished
67	67	under Section 12.35(a), Penal Code, other than a state jail felony
68	68	listed in Subdivision (1) or Subsection (a-1), the judge may
69	69	suspend the imposition of the sentence and place the defendant on
70	70	community supervision or may order the sentence to be executed.
71	71	SECTION 5. Section 15, Article 42.12, Code of Criminal
72	72	Procedure, is amended by adding Subsection (a-1) to read as
73	73	follows:
74	74	(a-1) On conviction of an offense under Section 30.04, Penal
75	75	Code, that is punished under Section 12.35(a), Penal Code, the
76	76	judge shall suspend the imposition of the sentence and place the
77	77	defendant on community supervision if the defendant:
78	78	(1) is younger than 21 years of age;
79	79	(2) has not been previously convicted of an offense
80	80	punishable as a Class B misdemeanor or as a higher category of
81	81	offense; and
82	82	(3) submits an oral or written request to the court to
83	83	place the defendant on community supervision under this subsection.
84	84	SECTION 6. Section 16(b), Article 42.12, Code of Criminal
85	85	Procedure, is amended to read as follows:
86	86	(b) The amount of community service work ordered by the
87	87	judge:
88	88	(1) may not exceed 1,000 hours for an offense
89	89	classified as a first degree felony;
90	90	(2) may not exceed 800 hours for an offense classified
91	91	as a second degree felony;
92	92	(3) may not exceed 600 hours for an offense classified
93	93	as a third degree felony;
94	94	(4) except as provided by Subdivision (5), may not
95	95	exceed 400 hours for an offense classified as a state jail felony;
96	96	(5) may not[:
97	97	[(A)] exceed 600 hours for an offense under
98	98	Section 30.04, Penal Code[, classified as a Class A misdemeanor];
99	99	(6) may not [or
100	100	[(B)] exceed 200 hours for any [other] offense
101	101	classified as a Class A misdemeanor or for any other misdemeanor for
102	102	which the maximum permissible confinement, if any, exceeds six
103	103	months or the maximum permissible fine, if any, exceeds $4,000; and
104	104	(7) [(6)] may not exceed 100 hours for an offense
105	105	classified as a Class B misdemeanor or for any other misdemeanor for
106	106	which the maximum permissible confinement, if any, does not exceed
107	107	six months and the maximum permissible fine, if any, does not exceed
108	108	$4,000.
109	109	SECTION 7. Section 30.04(d-1), Penal Code, and Section
110	110	3(h), Article 42.12, Code of Criminal Procedure, are repealed.
111	111	SECTION 8. The change in law made by this Act applies only
112	112	to an offense committed on or after the effective date of this Act.
113	113	An offense committed before the effective date of this Act is
114	114	governed by the law in effect when the offense was committed, and
115	115	the former law is continued in effect for that purpose. For
116	116	purposes of this section, an offense was committed before the
117	117	effective date of this Act if any element of the offense occurred
118	118	before that date.
119	119	SECTION 9. To the extent of any conflict, this Act prevails
120	120	over another Act of the 81st Legislature, Regular Session, 2009,
121	121	relating to nonsubstantive additions to and corrections in enacted
122	122	codes.
123	123	SECTION 10. This Act takes effect September 1, 2009.