83R6860 ADM-F
By: Simmons H.B. No. 3275
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of unlawful use of a
criminal instrument with intent to commit certain felony offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.01(b), Penal Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Vehicle" has the meaning assigned by Section
28.01.
SECTION 2. Section 16.01, Penal Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) An offense under Subsection (a)(1) is one category lower
than the offense intended, except that the offense is punishable as
the same category of offense as the offense intended if it is shown
on the trial of the instant offense that the criminal instrument was
a vehicle modified for purposes of concealing the commission of any
of the following:
(1) a felony offense under Chapter 481 or 483, Health
and Safety Code;
(2) a felony offense under Chapter 34; or
(3) an offense under Section 46.041, 46.09, or 46.14.
(d) An offense under Subsection (a)(2) is a state jail
felony.
SECTION 3. 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 4. This Act takes effect September 1, 2013.