| 1 | 1 | | 85R1291 KJE-D |
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| 2 | 2 | | By: Leach H.B. No. 1338 |
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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 punishment for the offense of burglary of a vehicle; |
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| 8 | 8 | | increasing a criminal penalty. |
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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 30.04(d) and (e), Penal Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (d) An offense under this section is a state jail felony |
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| 13 | 13 | | [Class A misdemeanor], except that: |
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| 14 | 14 | | (1) the offense is a state jail felony [Class A |
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| 15 | 15 | | misdemeanor] with a minimum term of confinement of one year [six |
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| 16 | 16 | | months] if it is shown on the trial of the offense that the |
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| 17 | 17 | | defendant has been previously convicted of an offense under this |
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| 18 | 18 | | section; and |
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| 19 | 19 | | (2) the offense is a [state jail] felony of the third |
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| 20 | 20 | | degree if[: |
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| 21 | 21 | | [(A)] it is shown on the trial of the offense that |
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| 22 | 22 | | the defendant has been previously convicted two or more times of an |
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| 23 | 23 | | offense under this section[; or |
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| 24 | 24 | | [(B) the vehicle or part of the vehicle broken |
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| 25 | 25 | | into or entered is a rail car]. |
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| 26 | 26 | | (e) It is a defense to prosecution under this section that |
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| 27 | 27 | | the actor: |
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| 28 | 28 | | (1) entered a rail car or any part of a rail car, |
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| 29 | 29 | | including a container or trailer carried on a rail car; and |
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| 30 | 30 | | (2) was at that time an employee or a representative of |
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| 31 | 31 | | employees exercising a right under the Railway Labor Act (45 U.S.C. |
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| 32 | 32 | | Section 151 et seq.). |
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| 33 | 33 | | SECTION 2. Article 42A.304(b), Code of Criminal Procedure, |
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| 34 | 34 | | is amended to read as follows: |
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| 35 | 35 | | (b) The amount of community service work ordered by the |
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| 36 | 36 | | judge may not exceed: |
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| 37 | 37 | | (1) 1,000 hours for an offense classified as a first |
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| 38 | 38 | | degree felony; |
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| 39 | 39 | | (2) 800 hours for an offense classified as a second |
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| 40 | 40 | | degree felony; |
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| 41 | 41 | | (3) 600 hours for: |
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| 42 | 42 | | (A) an offense classified as a third degree |
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| 43 | 43 | | felony; or |
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| 44 | 44 | | (B) an offense under Section 30.04, Penal Code, |
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| 45 | 45 | | classified as a state jail felony [Class A misdemeanor]; |
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| 46 | 46 | | (4) 400 hours for an offense classified as a state jail |
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| 47 | 47 | | felony; |
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| 48 | 48 | | (5) 200 hours for: |
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| 49 | 49 | | (A) an offense classified as a Class A |
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| 50 | 50 | | misdemeanor, other than an offense described by Subdivision (3)(B); |
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| 51 | 51 | | or |
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| 52 | 52 | | (B) a misdemeanor for which the maximum |
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| 53 | 53 | | permissible confinement, if any, exceeds six months or the maximum |
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| 54 | 54 | | permissible fine, if any, exceeds $4,000; and |
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| 55 | 55 | | (6) 100 hours for: |
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| 56 | 56 | | (A) an offense classified as a Class B |
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| 57 | 57 | | misdemeanor; or |
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| 58 | 58 | | (B) a misdemeanor for which the maximum |
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| 59 | 59 | | permissible confinement, if any, does not exceed six months and the |
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| 60 | 60 | | maximum permissible fine, if any, does not exceed $4,000. |
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| 61 | 61 | | SECTION 3. The following provisions are repealed: |
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| 62 | 62 | | (1) Article 42A.057, Code of Criminal Procedure; and |
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| 63 | 63 | | (2) Section 30.04(c), Penal Code. |
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| 64 | 64 | | SECTION 4. The changes in law made by this Act apply only to |
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| 65 | 65 | | an offense committed on or after the effective date of this Act. An |
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| 66 | 66 | | offense committed before the effective date of this Act is governed |
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| 67 | 67 | | by the law in effect when the offense was committed, and the former |
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| 68 | 68 | | law is continued in effect for that purpose. For purposes of this |
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| 69 | 69 | | section, an offense was committed before the effective date of this |
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| 70 | 70 | | Act if any element of the offense occurred before that date. |
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| 71 | 71 | | SECTION 5. This Act takes effect September 1, 2017. |
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