| 1 | 1 | | 88R9411 CJD-D |
|---|
| 2 | 2 | | By: Eckhardt S.B. No. 1185 |
|---|
| 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 | | involving theft of a firearm; increasing a criminal penalty. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 30.04, Penal Code, is amended by |
|---|
| 11 | 11 | | amending Subsections (b), (d), and (d-1) and adding Subsection |
|---|
| 12 | 12 | | (d-2) to read as follows: |
|---|
| 13 | 13 | | (b) For purposes of this section: |
|---|
| 14 | 14 | | (1) "Enter" [,"enter"] means to intrude: |
|---|
| 15 | 15 | | (A) [(1)] any part of the body; or |
|---|
| 16 | 16 | | (B) [(2)] any physical object connected with the |
|---|
| 17 | 17 | | body. |
|---|
| 18 | 18 | | (2) "Firearm" has the meaning assigned by Section |
|---|
| 19 | 19 | | 46.01. |
|---|
| 20 | 20 | | (d) Except as provided by Subsection (d-1), an [An] offense |
|---|
| 21 | 21 | | under this section is a Class A misdemeanor, except that: |
|---|
| 22 | 22 | | (1) the offense is a Class A misdemeanor with a minimum |
|---|
| 23 | 23 | | term of confinement of six months if it is shown on the trial of the |
|---|
| 24 | 24 | | offense that the defendant has been previously convicted of an |
|---|
| 25 | 25 | | offense under this section; |
|---|
| 26 | 26 | | (2) the offense is a state jail felony if: |
|---|
| 27 | 27 | | (A) it is shown on the trial of the offense that |
|---|
| 28 | 28 | | the defendant has been previously convicted two or more times of an |
|---|
| 29 | 29 | | offense under this section; or |
|---|
| 30 | 30 | | (B) the vehicle or part of the vehicle broken |
|---|
| 31 | 31 | | into or entered is a rail car; and |
|---|
| 32 | 32 | | (3) the offense is a felony of the third degree if: |
|---|
| 33 | 33 | | (A) the vehicle broken into or entered is owned |
|---|
| 34 | 34 | | or operated by a wholesale distributor of prescription drugs; and |
|---|
| 35 | 35 | | (B) the actor breaks into or enters that vehicle |
|---|
| 36 | 36 | | with the intent to commit theft of a controlled substance. |
|---|
| 37 | 37 | | (d-1) An offense under this section is a state jail felony |
|---|
| 38 | 38 | | if, during the commission of the offense, the actor engages in |
|---|
| 39 | 39 | | conduct constituting the offense of theft of a firearm, except that |
|---|
| 40 | 40 | | the offense is a felony of the third degree if it is shown on the |
|---|
| 41 | 41 | | trial of the offense that the actor has been previously convicted of |
|---|
| 42 | 42 | | an offense punishable under this subsection. |
|---|
| 43 | 43 | | (d-2) For the purposes of Subsections [Subsection] (d) and |
|---|
| 44 | 44 | | (d-1), a defendant has been previously convicted under this section |
|---|
| 45 | 45 | | if the defendant was adjudged guilty of the offense or entered a |
|---|
| 46 | 46 | | plea of guilty or nolo contendere in return for a grant of deferred |
|---|
| 47 | 47 | | adjudication, regardless of whether the sentence for the offense |
|---|
| 48 | 48 | | was ever imposed or whether the sentence was probated and the |
|---|
| 49 | 49 | | defendant was subsequently discharged from community supervision. |
|---|
| 50 | 50 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 51 | 51 | | to an offense committed on or after the effective date of this Act. |
|---|
| 52 | 52 | | An offense committed before the effective date of this Act is |
|---|
| 53 | 53 | | governed by the law in effect on the date the offense was committed, |
|---|
| 54 | 54 | | and the former law is continued in effect for that purpose. For |
|---|
| 55 | 55 | | purposes of this section, an offense was committed before the |
|---|
| 56 | 56 | | effective date of this Act if any element of the offense occurred |
|---|
| 57 | 57 | | before that date. |
|---|
| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|