Texas 2013 - 83rd Regular

Texas House Bill HB2827 Compare Versions

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1	1	83R11707 MAW-F
2	2	By: Burkett H.B. No. 2827
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for the offense of burglary of a vehicle
8	8	and 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, Penal Code, is amended by
12	12	amending Subsections (d) and (e) and adding Subsections (d-2) and
13	13	(d-3) to read as follows:
14	14	(d) An offense under this section is a:
15	15	(1) Class B misdemeanor if the amount of pecuniary
16	16	loss to tangible personal property is less than $500;
17	17	(2) Class A misdemeanor if the amount of pecuniary
18	18	loss to tangible personal property is $500 or more but less than
19	19	$1,500;
20	20	(3) [, except that:
21	21	[(1) the offense is a Class A misdemeanor with
22	22	a minimum term of confinement of six months if it is shown on the
23	23	trial of the offense that the defendant has been previously
24	24	convicted of an offense under this section; and
25	25	[(2) the offense is a] state jail felony if:
26	26	(A) the amount of pecuniary loss to tangible
27	27	personal property is $1,500 or more but less than $20,000;
28	28	(B) the amount of pecuniary loss to tangible
29	29	personal property is less than $1,500 and it is shown on the trial
30	30	of the offense that the defendant has been previously convicted two
31	31	or more times of an offense under this section; or
32	32	(C) the amount of pecuniary loss to tangible
33	33	personal property is less than $1,500 and [(B)] the vehicle or
34	34	part of the vehicle broken into or entered is a rail car;
35	35	(4) felony of the third degree if the amount of
36	36	pecuniary loss to tangible personal property is $20,000 or more but
37	37	less than $100,000;
38	38	(5) felony of the second degree if the amount of
39	39	pecuniary loss to tangible personal property is $100,000 or more
40	40	but less than $200,000; or
41	41	(6) felony of the first degree if the amount of
42	42	pecuniary loss to tangible personal property is $200,000 or more.
43	43	(d-2) For the purposes of Subsection (d), the amount of
44	44	pecuniary loss to tangible personal property is the sum of:
45	45	(1) the cost of repairing or restoring the vehicle, if
46	46	the defendant damaged the vehicle in the course of committing the
47	47	offense; and
48	48	(2) the fair market value of any tangible personal
49	49	property the defendant stole from the vehicle, if the defendant
50	50	committed theft in the course of committing the offense.
51	51	(d-3) If the defendant, pursuant to one scheme or continuing
52	52	course of conduct, commits three or more offenses under this
53	53	section in a 24-hour period, the conduct may be considered as one
54	54	offense and the amounts of pecuniary loss aggregated in determining
55	55	the grade of offense.
56	56	(e) It is a defense to prosecution under this section that
57	57	the defendant [actor] entered a rail car or any part of a rail car
58	58	and was at that time an employee or a representative of employees
59	59	exercising a right under the Railway Labor Act (45 U.S.C. Section
60	60	151 et seq.).
61	61	SECTION 2. Section 16(b), Article 42.12, Code of Criminal
62	62	Procedure, is amended to read as follows:
63	63	(b) The amount of community service work ordered by the
64	64	judge:
65	65	(1) may not exceed 1,000 hours for an offense
66	66	classified as a first degree felony;
67	67	(2) may not exceed 800 hours for an offense classified
68	68	as a second degree felony;
69	69	(3) may not exceed 600 hours for an offense classified
70	70	as a third degree felony;
71	71	(4) may not exceed 400 hours for an offense classified
72	72	as a state jail felony;
73	73	(5) may not[:
74	74	[(A) exceed 600 hours for an offense under
75	75	Section 30.04, Penal Code, classified as a Class A misdemeanor; or
76	76	[(B)] exceed 200 hours for an [any other] offense
77	77	classified as a Class A misdemeanor or for any other misdemeanor for
78	78	which the maximum permissible confinement, if any, exceeds six
79	79	months or the maximum permissible fine, if any, exceeds $4,000; and
80	80	(6) may not exceed 100 hours for an offense classified
81	81	as a Class B misdemeanor or for any other misdemeanor for which the
82	82	maximum permissible confinement, if any, does not exceed six months
83	83	and the maximum permissible fine, if any, does not exceed $4,000.
84	84	SECTION 3. Sections 3(h) and 4(f), Article 42.12, Code of
85	85	Criminal Procedure, are repealed.
86	86	SECTION 4. The change in law made by this Act applies only
87	87	to an offense committed on or after the effective date of this Act.
88	88	An offense committed before the effective date of this Act is
89	89	governed by the law in effect when the offense was committed, and
90	90	the former law is continued in effect for that purpose. For
91	91	purposes of this section, an offense was committed before the
92	92	effective date of this Act if any element of the offense occurred
93	93	before that date.
94	94	SECTION 5. This Act takes effect September 1, 2013.