| 1 | 1 | | By: Miller of Erath (Senate Sponsor - Hegar) H.B. No. 2577 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2011; |
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| 3 | 3 | | May 9, 2011, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 21, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 6, Nays 0; May 21, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the unlawful use of a criminal instrument or mechanical |
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| 11 | 11 | | security device; providing a penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 16.01, Penal Code, is amended to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR |
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| 16 | 16 | | MECHANICAL SECURITY DEVICE. (a) A person commits an offense if: |
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| 17 | 17 | | (1) the person [he] possesses a criminal instrument or |
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| 18 | 18 | | mechanical security device with the intent to use the instrument or |
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| 19 | 19 | | device [it] in the commission of an offense; or |
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| 20 | 20 | | (2) with knowledge of its character and with the |
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| 21 | 21 | | intent to use a criminal instrument or mechanical security device |
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| 22 | 22 | | or aid or permit another to use the instrument or device in the |
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| 23 | 23 | | commission of an offense, the person [he] manufactures, adapts, |
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| 24 | 24 | | sells, installs, or sets up the [a criminal] instrument or device. |
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| 25 | 25 | | (b) For the purpose of this section: |
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| 26 | 26 | | (1) "Criminal[, "criminal] instrument" means |
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| 27 | 27 | | anything, the possession, manufacture, or sale of which is not |
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| 28 | 28 | | otherwise an offense, that is specially designed, made, or adapted |
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| 29 | 29 | | for use in the commission of an offense. |
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| 30 | 30 | | (2) "Mechanical security device" means a device |
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| 31 | 31 | | designed or manufactured for use by a locksmith to perform services |
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| 32 | 32 | | for a customer who seeks entry to a structure, motor vehicle, or |
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| 33 | 33 | | other property. |
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| 34 | 34 | | (c) An offense under Subsection (a)(1) is one category lower |
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| 35 | 35 | | than the offense intended. An offense under Subsection (a)(2) is a |
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| 36 | 36 | | state jail felony. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to an offense committed on or after the effective date of this Act. |
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| 39 | 39 | | An offense committed before the effective date of this Act is |
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| 40 | 40 | | governed by the law in effect on the date the offense was committed, |
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| 41 | 41 | | and the former law is continued in effect for that purpose. For |
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| 42 | 42 | | purposes of this section, an offense was committed before the |
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| 43 | 43 | | effective date of this Act if any element of the offense occurred |
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| 44 | 44 | | before that date. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 46 | 46 | | * * * * * |
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