| 1 | 1 | | 82R2169 PEP-F |
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| 2 | 2 | | By: Harless, Fletcher, Riddle H.B. No. 305 |
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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. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 30.04(d), Penal Code, is amended to read |
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| 10 | 10 | | as follows: |
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| 11 | 11 | | (d) An offense under this section is a Class A misdemeanor, |
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| 12 | 12 | | except that[: |
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| 13 | 13 | | [(1) the offense is a Class A misdemeanor with |
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| 14 | 14 | | a minimum term of confinement of six months if it is shown on the |
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| 15 | 15 | | trial of the offense that the defendant has been previously |
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| 16 | 16 | | convicted of an offense under this section; and |
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| 17 | 17 | | [(2)] the offense is a state jail felony if: |
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| 18 | 18 | | (1) [(A)] it is shown on the trial of the offense that |
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| 19 | 19 | | the defendant has been previously convicted [two or more times] of |
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| 20 | 20 | | an offense under this section; or |
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| 21 | 21 | | (2) [(B)] the vehicle or part of the vehicle broken |
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| 22 | 22 | | into or entered is a rail car. |
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| 23 | 23 | | SECTION 2. Sections 3(h) and 4(f), Article 42.12, Code of |
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| 24 | 24 | | Criminal Procedure, are repealed. |
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| 25 | 25 | | SECTION 3. The change in law made by this Act applies only |
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| 26 | 26 | | to an offense committed on or after the effective date of this Act. |
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| 27 | 27 | | An offense committed before the effective date of this Act is |
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| 28 | 28 | | governed by the law in effect when the offense was committed, and |
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| 29 | 29 | | the former law is continued in effect for that purpose. For |
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| 30 | 30 | | purposes of this section, an offense was committed before the |
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| 31 | 31 | | effective date of this Act if any element of the offense occurred |
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| 32 | 32 | | before that date. |
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| 33 | 33 | | SECTION 4. This Act takes effect September 1, 2011. |
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