BILL ANALYSIS Senate Research Center S.B. 1166 88R8955 CJD-F By: Birdwell Criminal Justice 4/21/2023 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under Texas law, burglary of a vehicle can range from a Class A misdemeanor to a third degree felony depending on various factors including criminal history and the intended felony or theft within. Currently, the only specified offense that increases the punishment to a third degree felony is a burglary with the intent to steal a controlled substance. No other items are specifically mentioned within this section of code, leaving a gap regarding the theft of other dangerous items. For example, the intentional theft of a firearm during a vehicle burglary would qualify as a Class A misdemeanor. Under current law, burglary of a vehicle with the intent to commit theft of a firearm would classify as a Class A misdemeanor, as theft of a firearm is not specifically identified. By identifying the theft of a firearm as a separate offense, this offense would now carry the penalty of a third degree felony. S.B. 1166 would add the criminal offense of burglary of a vehicle with the intent to commit theft of a firearm to the Texas Penal Code. The only specified theft offense in this section, which constitutes a third degree felony, is the burglary of vehicle owned by a wholesale distributor of prescription drugs with the intent to commit theft of a controlled substance. S.B. 1166 would add burglary of a vehicle with intent to commit theft of a firearm as a separate offense that also constitutes a third degree felony. As proposed, S.B. 1166 amends current law relating to the punishment for the offense of burglary of a vehicle involving theft of a firearm and increases a criminal penalty. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 30.04(b) and (d), Penal Code, as follows: (b) Defines "firearm." Makes nonsubstantive changes. (d) Provides that an offense under Section 30.04 (Burglary of Vehicles) is a Class A misdemeanor, except that: (1)-(2) makes no changes to these subdivisions; and (3) the offense is a felony of the third degree if: (A) the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs and the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance; or (B) the actor breaks into or enters the vehicle with the intent to commit theft of a firearm. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2023.
BILL ANALYSIS
Senate Research Center S.B. 1166
88R8955 CJD-F By: Birdwell
Criminal Justice
4/21/2023
As Filed
Senate Research Center
S.B. 1166
88R8955 CJD-F
By: Birdwell
Criminal Justice
4/21/2023
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under Texas law, burglary of a vehicle can range from a Class A misdemeanor to a third degree felony depending on various factors including criminal history and the intended felony or theft within. Currently, the only specified offense that increases the punishment to a third degree felony is a burglary with the intent to steal a controlled substance. No other items are specifically mentioned within this section of code, leaving a gap regarding the theft of other dangerous items. For example, the intentional theft of a firearm during a vehicle burglary would qualify as a Class A misdemeanor.
Under current law, burglary of a vehicle with the intent to commit theft of a firearm would classify as a Class A misdemeanor, as theft of a firearm is not specifically identified. By identifying the theft of a firearm as a separate offense, this offense would now carry the penalty of a third degree felony.
S.B. 1166 would add the criminal offense of burglary of a vehicle with the intent to commit theft of a firearm to the Texas Penal Code. The only specified theft offense in this section, which constitutes a third degree felony, is the burglary of vehicle owned by a wholesale distributor of prescription drugs with the intent to commit theft of a controlled substance. S.B. 1166 would add burglary of a vehicle with intent to commit theft of a firearm as a separate offense that also constitutes a third degree felony.
As proposed, S.B. 1166 amends current law relating to the punishment for the offense of burglary of a vehicle involving theft of a firearm and increases a criminal penalty.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 30.04(b) and (d), Penal Code, as follows:
(b) Defines "firearm." Makes nonsubstantive changes.
(d) Provides that an offense under Section 30.04 (Burglary of Vehicles) is a Class A misdemeanor, except that:
(1)-(2) makes no changes to these subdivisions; and
(3) the offense is a felony of the third degree if:
(A) the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs and the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance; or
(B) the actor breaks into or enters the vehicle with the intent to commit theft of a firearm.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2023.