Texas 2015 - 84th Regular

Texas House Bill HB381 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R23274 KJE-D
2	2		By: Burkett H.B. No. 381
3		-	Substitute the following for H.B. No. 381:
4		-	By: Herrero C.S.H.B. No. 381
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the punishment for the offense of burglary of a vehicle;
10	8		increasing a criminal penalty.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 30.04, Penal Code, is amended by
13	11		amending Subsections (d) and (e) and adding Subsections (d-2) and
14	12		(d-3) to read as follows:
15	13		(d) An offense under this section is a:
16	14		(1) Class A misdemeanor if the amount of pecuniary
17	15		loss to tangible personal property is less than $1,500; [, except
18	16		that:
19	17		[(1) the offense is a Class A misdemeanor with
20	18		a minimum term of confinement of six months if it is shown on the
21	19		trial of the offense that the defendant has been previously
22	20		convicted of an offense under this section; and]
23	21		(2) [the offense is a] state jail felony if:
24	22		(A) the amount of pecuniary loss to tangible
25	23		personal property is $1,500 or more but less than $20,000;
26	24		(B) the amount of pecuniary loss to tangible
27	25		personal property is less than $1,500 and it is shown on the trial
28	26		of the offense that the defendant has been previously convicted two
29	27		or more times of an offense under this section; or
30	28		(C) the amount of pecuniary loss to tangible
31	29		personal property is less than $1,500 and [(B)] the vehicle or
32	30		part of the vehicle broken into or entered is a rail car;
33	31		(3) felony of the third degree if the amount of
34	32		pecuniary loss to tangible personal property is $20,000 or more but
35	33		less than $100,000;
36	34		(4) felony of the second degree if the amount of
37	35		pecuniary loss to tangible personal property is $100,000 or more
38	36		but less than $200,000; or
39	37		(5) felony of the first degree if the amount of
40	38		pecuniary loss to tangible personal property is $200,000 or more.
41	39		(d-2) For the purposes of Subsection (d), the amount of
42	40		pecuniary loss to tangible personal property is the sum of:
43	41		(1) the cost of repairing or restoring the vehicle, if
44	42		the defendant damaged the vehicle in the course of committing the
45	43		offense; and
46	44		(2) the fair market value of any tangible personal
47	45		property the defendant stole from the vehicle, if the defendant
48	46		committed theft in the course of committing the offense.
49	47		(d-3) If the defendant, pursuant to one scheme or continuing
50	48		course of conduct, commits three or more offenses under this
51	49		section in a 24-hour period, the conduct may be considered as one
52	50		offense and the amounts of pecuniary loss aggregated in determining
53	51		the grade of offense.
54	52		(e) It is a defense to prosecution under this section that
55	53		the defendant [actor] entered a rail car or any part of a rail car
56	54		and was at that time an employee or a representative of employees
57	55		exercising a right under the Railway Labor Act (45 U.S.C. Section
58	56		151 et seq.).
59	57		SECTION 2. Sections 3(h) and 4(f), Article 42.12, Code of
60	58		Criminal Procedure, are repealed.
61	59		SECTION 3. The change in law made by this Act applies only
62	60		to an offense committed on or after the effective date of this Act.
63	61		An offense committed before the effective date of this Act is
64	62		governed by the law in effect when the offense was committed, and
65	63		the former law is continued in effect for that purpose. For
66	64		purposes of this section, an offense was committed before the
67	65		effective date of this Act if any element of the offense occurred
68	66		before that date.
69	67		SECTION 4. This Act takes effect September 1, 2015.