| 1 | 1 | | 88R2126 EAS-D |
|---|
| 2 | 2 | | By: Cortez H.B. No. 261 |
|---|
| 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 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 30.04, Penal Code, is amended by |
|---|
| 10 | 10 | | amending Subsection (d) and adding Subsection (f) to read as |
|---|
| 11 | 11 | | follows: |
|---|
| 12 | 12 | | (d) An offense under this section is a Class A misdemeanor, |
|---|
| 13 | 13 | | except that: |
|---|
| 14 | 14 | | (1) the offense is a Class A misdemeanor with a minimum |
|---|
| 15 | 15 | | term of confinement of six months if it is shown on the trial of the |
|---|
| 16 | 16 | | offense that the defendant has been previously convicted of an |
|---|
| 17 | 17 | | offense under this section; |
|---|
| 18 | 18 | | (2) the offense is a state jail felony if: |
|---|
| 19 | 19 | | (A) it is shown on the trial of the offense that |
|---|
| 20 | 20 | | the defendant has been previously convicted two or more times of an |
|---|
| 21 | 21 | | offense under this section; or |
|---|
| 22 | 22 | | (B) the actor: |
|---|
| 23 | 23 | | (i) broke into or entered a [the] vehicle, |
|---|
| 24 | 24 | | or part of a [the] vehicle, that [broken into or entered] is a rail |
|---|
| 25 | 25 | | car; |
|---|
| 26 | 26 | | (ii) possessed a firearm during the |
|---|
| 27 | 27 | | commission of the offense; |
|---|
| 28 | 28 | | (iii) committed theft of a firearm during |
|---|
| 29 | 29 | | the commission of the offense; |
|---|
| 30 | 30 | | (iv) used a stolen vehicle to facilitate |
|---|
| 31 | 31 | | the commission of the offense; or |
|---|
| 32 | 32 | | (v) committed the offense with respect to |
|---|
| 33 | 33 | | two or more vehicles during the same criminal transaction or during |
|---|
| 34 | 34 | | different criminal transactions but pursuant to the same scheme or |
|---|
| 35 | 35 | | course of conduct; and |
|---|
| 36 | 36 | | (3) the offense is a felony of the third degree if: |
|---|
| 37 | 37 | | (A) the vehicle broken into or entered is owned |
|---|
| 38 | 38 | | or operated by a wholesale distributor of prescription drugs; and |
|---|
| 39 | 39 | | (B) the actor breaks into or enters that vehicle |
|---|
| 40 | 40 | | with the intent to commit theft of a controlled substance. |
|---|
| 41 | 41 | | (f) In this section, "firearm" has the meaning assigned by |
|---|
| 42 | 42 | | Section 46.01. |
|---|
| 43 | 43 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 44 | 44 | | to an offense committed on or after the effective date of this |
|---|
| 45 | 45 | | Act. An offense committed before the effective date of this Act is |
|---|
| 46 | 46 | | governed by the law in effect on the date the offense was committed, |
|---|
| 47 | 47 | | and the former law is continued in effect for that purpose. For |
|---|
| 48 | 48 | | purposes of this section, an offense was committed before the |
|---|
| 49 | 49 | | effective date of this Act if any element of the offense occurred |
|---|
| 50 | 50 | | before that date. |
|---|
| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|