Texas 2021 - 87th Regular

Texas House Bill HB1344 Compare Versions

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

Old	New	Differences
1	1	87R7031 MCF-D
2	2	By: Leach H.B. No. 1344
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for the offense of burglary of a vehicle;
8	8	increasing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 30.04(d) and (e), Penal Code, are
11	11	amended to read as follows:
12	12	(d) An offense under this section is a state jail felony
13	13	[Class A misdemeanor], except that:
14	14	(1) the offense is a state jail felony [Class A
15	15	misdemeanor] with a minimum term of confinement of one year [six
16	16	months] if it is shown on the trial of the offense that the
17	17	defendant has been previously convicted of an offense under this
18	18	section;
19	19	(2) the offense is a [state jail] felony of the third
20	20	degree if[:
21	21	[(A)] it is shown on the trial of the
22	22	offense that the defendant has been previously convicted two or
23	23	more times of an offense under this section; [or
24	24	[(B) the vehicle or part of the vehicle
25	25	broken into or entered is a rail car;] and
26	26	(3) the offense is a felony of the second [third]
27	27	degree if:
28	28	(A) the vehicle broken into or entered is owned
29	29	or operated by a wholesale distributor of prescription drugs; and
30	30	(B) the actor breaks into or enters that vehicle
31	31	with the intent to commit theft of a controlled substance.
32	32	(e) It is a defense to prosecution under this section that
33	33	the actor:
34	34	(1) entered a rail car or any part of a rail car,
35	35	including a container or trailer carried on a rail car; and
36	36	(2) was at that time an employee or a representative of
37	37	employees exercising a right under the Railway Labor Act (45 U.S.C.
38	38	Section 151 et seq.).
39	39	SECTION 2. Article 42A.304(b), Code of Criminal Procedure,
40	40	is amended to read as follows:
41	41	(b) The amount of community service work ordered by the
42	42	judge may not exceed:
43	43	(1) 1,000 hours for an offense classified as a first
44	44	degree felony;
45	45	(2) 800 hours for an offense classified as a second
46	46	degree felony;
47	47	(3) 600 hours for:
48	48	(A) an offense classified as a third degree
49	49	felony; or
50	50	(B) an offense under Section 30.04, Penal Code,
51	51	classified as a state jail felony [Class A misdemeanor];
52	52	(4) 400 hours for an offense classified as a state jail
53	53	felony;
54	54	(5) 200 hours for:
55	55	(A) an offense classified as a Class A
56	56	misdemeanor, other than an offense described by Subdivision (3)(B);
57	57	or
58	58	(B) a misdemeanor for which the maximum
59	59	permissible confinement, if any, exceeds six months or the maximum
60	60	permissible fine, if any, exceeds $4,000; and
61	61	(6) 100 hours for:
62	62	(A) an offense classified as a Class B
63	63	misdemeanor; or
64	64	(B) a misdemeanor for which the maximum
65	65	permissible confinement, if any, does not exceed six months and the
66	66	maximum permissible fine, if any, does not exceed $4,000.
67	67	SECTION 3. Sections 12.50(b) and (c), Penal Code, as
68	68	amended by Chapters 418 (S.B. 201) and 1058 (H.B. 1028), Acts of the
69	69	86th Legislature, Regular Session, 2019, are reenacted and amended
70	70	to read as follows:
71	71	(b) The increase in punishment authorized by this section
72	72	applies only to an offense under:
73	73	(1) Section 22.01;
74	74	(2) Section 28.02;
75	75	(3) Section 29.02;
76	76	(4) Section 30.02;
77	77	(5) Section 30.03;
78	78	(6) Section 30.04;
79	79	(7) Section 30.05; and
80	80	(8) Section 31.03.
81	81	(c) If an offense listed under Subsection (b)(1), (5),
82	82	[(6),] (7), or (8) is punishable as a Class A misdemeanor, the
83	83	minimum term of confinement for the offense is increased to 180
84	84	days. If an offense listed under Subsection (b)(2), (4), or (8) is
85	85	punishable as a felony of the first degree, the punishment for that
86	86	offense may not be increased under this section.
87	87	SECTION 4. The following provisions are repealed:
88	88	(1) Article 42A.057, Code of Criminal Procedure; and
89	89	(2) Section 30.04(c), Penal Code.
90	90	SECTION 5. The changes in law made by this Act apply only to
91	91	an offense committed on or after the effective date of this Act. An
92	92	offense committed before the effective date of this Act is governed
93	93	by the law in effect when the offense was committed, and the former
94	94	law is continued in effect for that purpose. For purposes of this
95	95	section, an offense was committed before the effective date of this
96	96	Act if any element of the offense occurred before that date.
97	97	SECTION 6. To the extent of any conflict, this Act prevails
98	98	over another Act of the 87th Legislature, Regular Session, 2021,
99	99	relating to nonsubstantive additions to and corrections in enacted
100	100	codes.
101	101	SECTION 7. This Act takes effect September 1, 2021.