| 1 | 1 | | By: Birdwell S.B. No. 1166 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the punishment for the offense of burglary of a vehicle |
|---|
| 7 | 7 | | involving theft of a firearm; increasing a criminal penalty. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Sections 30.04(b) and (d), Penal Code, are |
|---|
| 10 | 10 | | amended to read as follows: |
|---|
| 11 | 11 | | (b) For purposes of this section: |
|---|
| 12 | 12 | | (1) "Enter"[, "enter"] means to intrude: |
|---|
| 13 | 13 | | (A) [(1)] any part of the body; or |
|---|
| 14 | 14 | | (B) [(2)] any physical object connected with the |
|---|
| 15 | 15 | | body. |
|---|
| 16 | 16 | | (2) "Firearm" has the meaning assigned by Section |
|---|
| 17 | 17 | | 46.01. |
|---|
| 18 | 18 | | (d) An offense under this section is a Class A misdemeanor, |
|---|
| 19 | 19 | | except that: |
|---|
| 20 | 20 | | (1) the offense is a Class A misdemeanor with a minimum |
|---|
| 21 | 21 | | term of confinement of six months if it is shown on the trial of the |
|---|
| 22 | 22 | | offense that the defendant has been previously convicted of an |
|---|
| 23 | 23 | | offense under this section; |
|---|
| 24 | 24 | | (2) the offense is a state jail felony if: |
|---|
| 25 | 25 | | (A) it is shown on the trial of the offense that |
|---|
| 26 | 26 | | the defendant has been previously convicted two or more times of an |
|---|
| 27 | 27 | | offense under this section; or |
|---|
| 28 | 28 | | (B) the vehicle or part of the vehicle broken |
|---|
| 29 | 29 | | into or entered is a rail car; and |
|---|
| 30 | 30 | | (3) the offense is a felony of the third degree if: |
|---|
| 31 | 31 | | (A) the vehicle broken into or entered is owned |
|---|
| 32 | 32 | | or operated by a wholesale distributor of prescription drugs[;] and |
|---|
| 33 | 33 | | [(B)] the actor breaks into or enters that |
|---|
| 34 | 34 | | vehicle with the intent to commit theft of a controlled substance; |
|---|
| 35 | 35 | | or |
|---|
| 36 | 36 | | (B) the actor committed theft of a firearm during |
|---|
| 37 | 37 | | the commission of the offense. |
|---|
| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 39 | 39 | | to an offense committed on or after the effective date of this Act. |
|---|
| 40 | 40 | | An offense committed before the effective date of this Act is |
|---|
| 41 | 41 | | governed by the law in effect on the date the offense was committed, |
|---|
| 42 | 42 | | and the former law is continued in effect for that purpose. For |
|---|
| 43 | 43 | | purposes of this section, an offense was committed before the |
|---|
| 44 | 44 | | effective date of this Act if any element of the offense occurred |
|---|
| 45 | 45 | | before that date. |
|---|
| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|