| 1 | 1 | | 82R1668 MAW-D |
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| 2 | 2 | | By: Fletcher H.B. No. 341 |
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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 prosecution of and the punishment for the offense of |
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| 8 | 8 | | burglary committed while evading arrest or detention. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 30.02(a) and (d), Penal Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A person commits an offense if, without the effective |
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| 13 | 13 | | consent of the owner, the person: |
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| 14 | 14 | | (1) enters a habitation, or a building (or any portion |
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| 15 | 15 | | of a building) not then open to the public, with intent to evade |
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| 16 | 16 | | arrest or detention or to commit a felony, theft, or an assault; or |
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| 17 | 17 | | (2) remains concealed in a building or habitation[,] |
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| 18 | 18 | | with intent to evade arrest or detention or to commit a felony, |
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| 19 | 19 | | theft, or an assault[, in a building or habitation]; or |
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| 20 | 20 | | (3) enters a building or habitation while evading or |
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| 21 | 21 | | attempting to evade arrest or detention; or |
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| 22 | 22 | | (4) [(3)] enters a building or habitation and commits |
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| 23 | 23 | | or attempts to commit a felony, theft, or an assault. |
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| 24 | 24 | | (d) An offense under this section is a felony of the first |
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| 25 | 25 | | degree if: |
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| 26 | 26 | | (1) the premises are a habitation; and |
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| 27 | 27 | | (2) any party to the offense entered the habitation |
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| 28 | 28 | | with intent to commit a felony other than felony theft or evasion of |
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| 29 | 29 | | arrest or detention or committed or attempted to commit a felony |
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| 30 | 30 | | other than felony theft or evasion of arrest or detention. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 33 | | An offense committed before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect on the date the offense was committed, |
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| 35 | 35 | | and the former law is continued in effect for that purpose. For |
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| 36 | 36 | | purposes of this section, an offense was committed before the |
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| 37 | 37 | | effective date of this Act if any element of the offense occurred |
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| 38 | 38 | | before that date. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2011. |
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