88R6496 JRR-D
By: Harless H.B. No. 2685
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of unlawful use of
criminal instrument or certain devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 16.01, Penal Code, is
amended to read as follows:
Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR CERTAIN
DEVICES [MECHANICAL SECURITY DEVICE].
SECTION 2. Section 16.01(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if:
(1) the person possesses a criminal instrument, [or]
mechanical security device, motor vehicle key programming device,
or relay hack device with the intent to use the instrument or device
in the commission of an offense; or
(2) with knowledge of its character and with the
intent to use a criminal instrument, [or] mechanical security
device, motor vehicle key programming device, or relay hack device
or aid or permit another to use the instrument or device in the
commission of an offense, the person manufactures, adapts, sells,
installs, or sets up the instrument or device.
SECTION 3. Section 16.01(b), Penal Code, is amended by
adding Subdivisions (3), (4), and (5) to read as follows:
(3) "Motor vehicle" has the meaning assigned by
Section 32.34.
(4) "Motor vehicle key programming device" means a
device designed or used to electronically communicate with a motor
vehicle for the purpose of programing a blank motor vehicle key fob
that is capable of being used to start and operate the motor
vehicle.
(5) "Relay hack device" means a device capable of
intercepting the signal from a motor vehicle key fob for the purpose
of:
(A) unlocking the motor vehicle; or
(B) remotely activating the ignition of the motor
vehicle.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2023.