| 1 | 1 | | 88R6496 JRR-D |
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| 2 | 2 | | By: Harless H.B. No. 2685 |
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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 prosecution of the offense of unlawful use of |
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| 8 | 8 | | criminal instrument or certain devices. |
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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. The heading to Section 16.01, Penal Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR CERTAIN |
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| 13 | 13 | | DEVICES [MECHANICAL SECURITY DEVICE]. |
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| 14 | 14 | | SECTION 2. Section 16.01(a), Penal Code, is amended to read |
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| 15 | 15 | | as follows: |
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| 16 | 16 | | (a) A person commits an offense if: |
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| 17 | 17 | | (1) the person possesses a criminal instrument, [or] |
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| 18 | 18 | | mechanical security device, motor vehicle key programming device, |
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| 19 | 19 | | or relay hack device with the intent to use the instrument or device |
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| 20 | 20 | | in the commission of an offense; or |
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| 21 | 21 | | (2) with knowledge of its character and with the |
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| 22 | 22 | | intent to use a criminal instrument, [or] mechanical security |
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| 23 | 23 | | device, motor vehicle key programming device, or relay hack device |
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| 24 | 24 | | or aid or permit another to use the instrument or device in the |
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| 25 | 25 | | commission of an offense, the person manufactures, adapts, sells, |
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| 26 | 26 | | installs, or sets up the instrument or device. |
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| 27 | 27 | | SECTION 3. Section 16.01(b), Penal Code, is amended by |
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| 28 | 28 | | adding Subdivisions (3), (4), and (5) to read as follows: |
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| 29 | 29 | | (3) "Motor vehicle" has the meaning assigned by |
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| 30 | 30 | | Section 32.34. |
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| 31 | 31 | | (4) "Motor vehicle key programming device" means a |
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| 32 | 32 | | device designed or used to electronically communicate with a motor |
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| 33 | 33 | | vehicle for the purpose of programing a blank motor vehicle key fob |
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| 34 | 34 | | that is capable of being used to start and operate the motor |
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| 35 | 35 | | vehicle. |
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| 36 | 36 | | (5) "Relay hack device" means a device capable of |
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| 37 | 37 | | intercepting the signal from a motor vehicle key fob for the purpose |
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| 38 | 38 | | of: |
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| 39 | 39 | | (A) unlocking the motor vehicle; or |
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| 40 | 40 | | (B) remotely activating the ignition of the motor |
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| 41 | 41 | | vehicle. |
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| 42 | 42 | | SECTION 4. The change in law made by this Act applies only |
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| 43 | 43 | | to an offense committed on or after the effective date of this Act. |
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| 44 | 44 | | An offense committed before the effective date of this Act is |
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| 45 | 45 | | governed by the law in effect on the date the offense was committed, |
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| 46 | 46 | | and the former law is continued in effect for that purpose. For |
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| 47 | 47 | | purposes of this section, an offense was committed before the |
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| 48 | 48 | | effective date of this Act if any element of the offense occurred |
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| 49 | 49 | | before that date. |
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| 50 | 50 | | SECTION 5. This Act takes effect September 1, 2023. |
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