Texas 2013 - 83rd Regular

Texas House Bill HB73 Compare Versions

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Old	New	Differences
1	1	83R1477 MAW-D
2	2	By: Fletcher, Harper-Brown, Lavender, H.B. No. 73
3	3	King of Parker, Herrero
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the prosecution of and the punishment for the offense of
9	9	burglary committed while evading arrest or detention.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 30.02(a) and (d), Penal Code, are
12	12	amended to read as follows:
13	13	(a) A person commits an offense if, without the effective
14	14	consent of the owner, the person:
15	15	(1) enters a habitation, or a building (or any portion
16	16	of a building) not then open to the public, with intent to evade
17	17	arrest or detention or to commit a felony, theft, or an assault;
18	18	[or]
19	19	(2) remains concealed in a building or habitation[,]
20	20	with intent to evade arrest or detention or to commit a felony,
21	21	theft, or an assault[, in a building or habitation];
22	22	(3) enters a building or habitation while evading or
23	23	attempting to evade arrest or detention; or
24	24	(4) [(3)] enters a building or habitation and commits
25	25	or attempts to commit a felony, theft, or an assault.
26	26	(d) An offense under this section is a felony of the first
27	27	degree if:
28	28	(1) the premises are a habitation; and
29	29	(2) any party to the offense entered the habitation
30	30	with intent to commit a felony other than felony theft or evasion of
31	31	arrest or detention or committed or attempted to commit a felony
32	32	other than felony theft or evasion of arrest or detention.
33	33	SECTION 2. The change in law made by this Act applies only
34	34	to an offense committed on or after the effective date of this Act.
35	35	An offense committed before the effective date of this Act is
36	36	governed by the law in effect on the date the offense was committed,
37	37	and the former law is continued in effect for that purpose. For
38	38	purposes of this section, an offense was committed before the
39	39	effective date of this Act if any element of the offense occurred
40	40	before that date.
41	41	SECTION 3. This Act takes effect September 1, 2013.
42	42	COMMITTEE AMENDMENT NO. 1
43	43	Amend H.B. 73 (introduced version) by striking page 1, lines
44	44	5 through 19, and substituting the following:
45	45	SECTION 1. Section 30.02, Penal Code, is amended by adding
46	46	Subsections (a-1) and (c-1) and amending Subsections (c) and (d) to
47	47	read as follows:
48	48	(a-1) A person commits an offense if, without the effective
49	49	consent of the owner, the person:
50	50	(1) enters a habitation with intent to evade arrest or
51	51	detention;
52	52	(2) remains concealed in a habitation with intent to
53	53	evade arrest or detention; or
54	54	(3) enters a habitation while evading or attempting to
55	55	evade arrest or detention.
56	56	(c) Except as provided in Subsection (d), an offense under
57	57	Subsection (a) [this section] is a:
58	58	(1) state jail felony if committed in a building other
59	59	than a habitation; or
60	60	(2) felony of the second degree if committed in a
61	61	habitation.
62	62	(c-1) Except as provided in Subsection (d), an offense under
63	63	Subsection (a-1) is a felony of the second degree.
64	64	Hughes