By: Miller of Erath (Senate Sponsor - Hegar) H.B. No. 2577
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on Criminal
Justice; May 21, 2011, reported favorably by the following vote:
Yeas 6, Nays 0; May 21, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful use of a criminal instrument or mechanical
security device; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.01, Penal Code, is amended to read as
follows:
Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR
MECHANICAL SECURITY DEVICE. (a) A person commits an offense if:
(1) the person [he] possesses a criminal instrument or
mechanical security device with the intent to use the instrument or
device [it] in the commission of an offense; or
(2) with knowledge of its character and with the
intent to use a criminal instrument or mechanical security device
or aid or permit another to use the instrument or device in the
commission of an offense, the person [he] manufactures, adapts,
sells, installs, or sets up the [a criminal] instrument or device.
(b) For the purpose of this section:
(1) "Criminal[, "criminal] instrument" means
anything, the possession, manufacture, or sale of which is not
otherwise an offense, that is specially designed, made, or adapted
for use in the commission of an offense.
(2) "Mechanical security device" means a device
designed or manufactured for use by a locksmith to perform services
for a customer who seeks entry to a structure, motor vehicle, or
other property.
(c) An offense under Subsection (a)(1) is one category lower
than the offense intended. An offense under Subsection (a)(2) is a
state jail felony.
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, 2011.
* * * * *