Texas 2017 - 85th Regular

Texas Senate Bill SB536 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2751 JSC-D
2	2	By: Hinojosa S.B. No. 536
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for burglary and theft of controlled
8	8	substances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 30.01, Penal Code, is amended by adding
11	11	Subdivision (4) to read as follows:
12	12	(4) "Controlled substance" has the meaning assigned by
13	13	Section 481.002, Health and Safety Code.
14	14	SECTION 2. Section 30.02, Penal Code, is amended by
15	15	amending Subsection (c) and adding Subsection (c-1) to read as
16	16	follows:
17	17	(c) Except as provided in Subsection (c-1) or (d), an
18	18	offense under this section is a:
19	19	(1) state jail felony if committed in a building other
20	20	than a habitation; or
21	21	(2) felony of the second degree if committed in a
22	22	habitation.
23	23	(c-1) An offense under this section is a felony of the third
24	24	degree if:
25	25	(1) the premises are a building in which a controlled
26	26	substance is generally stored, including a pharmacy, clinic,
27	27	hospital, or nursing facility; and
28	28	(2) the person entered or remained concealed in that
29	29	building with intent to commit a theft of a controlled substance.
30	30	SECTION 3. Section 31.03(e), Penal Code, is amended to read
31	31	as follows:
32	32	(e) Except as provided by Subsection (f), an offense under
33	33	this section is:
34	34	(1) a Class C misdemeanor if the value of the property
35	35	stolen is less than $100;
36	36	(2) a Class B misdemeanor if:
37	37	(A) the value of the property stolen is $100 or
38	38	more but less than $750;
39	39	(B) the value of the property stolen is less than
40	40	$100 and the defendant has previously been convicted of any grade of
41	41	theft; or
42	42	(C) the property stolen is a driver's license,
43	43	commercial driver's license, or personal identification
44	44	certificate issued by this state or another state;
45	45	(3) a Class A misdemeanor if the value of the property
46	46	stolen is $750 or more but less than $2,500;
47	47	(4) a state jail felony if:
48	48	(A) the value of the property stolen is $2,500 or
49	49	more but less than $30,000, or the property is less than 10 head of
50	50	sheep, swine, or goats or any part thereof under the value of
51	51	$30,000;
52	52	(B) regardless of value, the property is stolen
53	53	from the person of another or from a human corpse or grave,
54	54	including property that is a military grave marker;
55	55	(C) the property stolen is a firearm, as defined
56	56	by Section 46.01;
57	57	(D) the value of the property stolen is less than
58	58	$2,500 and the defendant has been previously convicted two or more
59	59	times of any grade of theft;
60	60	(E) the property stolen is an official ballot or
61	61	official carrier envelope for an election; or
62	62	(F) the value of the property stolen is less than
63	63	$20,000 and the property stolen is:
64	64	(i) aluminum;
65	65	(ii) bronze;
66	66	(iii) copper; or
67	67	(iv) brass;
68	68	(5) a felony of the third degree if the value of the
69	69	property stolen is $30,000 or more but less than $150,000, or the
70	70	property is:
71	71	(A) cattle, horses, or exotic livestock or exotic
72	72	fowl as defined by Section 142.001, Agriculture Code, stolen during
73	73	a single transaction and having an aggregate value of less than
74	74	$150,000; [or]
75	75	(B) 10 or more head of sheep, swine, or goats
76	76	stolen during a single transaction and having an aggregate value of
77	77	less than $150,000; or
78	78	(C) a controlled substance, regardless of the
79	79	value of the controlled substance stolen;
80	80	(6) a felony of the second degree if:
81	81	(A) the value of the property stolen is $150,000
82	82	or more but less than $300,000; or
83	83	(B) the value of the property stolen is less than
84	84	$300,000 and the property stolen is an automated teller machine or
85	85	the contents or components of an automated teller machine; or
86	86	(7) a felony of the first degree if the value of the
87	87	property stolen is $300,000 or more.
88	88	SECTION 4. Section 31.03(h), Penal Code, is amended by
89	89	adding Subdivision (5) to read as follows:
90	90	(5) "Controlled substance" has the meaning assigned by
91	91	Section 481.002, Health and Safety Code.
92	92	SECTION 5. The change in law made by this Act applies only
93	93	to an offense committed on or after the effective date of this Act.
94	94	An offense committed before the effective date of this Act is
95	95	governed by the law in effect on the date the offense was committed,
96	96	and the former law is continued in effect for that purpose. For
97	97	purposes of this section, an offense was committed before the
98	98	effective date of this Act if any element of the offense occurred
99	99	before that date.
100	100	SECTION 6. This Act takes effect September 1, 2017.