88R9411 CJD-D
By: Eckhardt S.B. No. 1185
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of burglary of a vehicle
involving theft of a firearm; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.04, Penal Code, is amended by
amending Subsections (b), (d), and (d-1) and adding Subsection
(d-2) to read as follows:
(b) For purposes of this section:
(1) "Enter" [,"enter"] means to intrude:
(A) [(1)] any part of the body; or
(B) [(2)] any physical object connected with the
body.
(2) "Firearm" has the meaning assigned by Section
46.01.
(d) Except as provided by Subsection (d-1), an [An] offense
under this section is a Class A misdemeanor, except that:
(1) the offense is a Class A misdemeanor with a minimum
term of confinement of six months if it is shown on the trial of the
offense that the defendant has been previously convicted of an
offense under this section;
(2) the offense is a state jail felony if:
(A) it is shown on the trial of the offense that
the defendant has been previously convicted two or more times of an
offense under this section; or
(B) the vehicle or part of the vehicle broken
into or entered is a rail car; 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
(B) the actor breaks into or enters that vehicle
with the intent to commit theft of a controlled substance.
(d-1) An offense under this section is a state jail felony
if, during the commission of the offense, the actor engages in
conduct constituting the offense of theft of a firearm, except that
the offense is a felony of the third degree if it is shown on the
trial of the offense that the actor has been previously convicted of
an offense punishable under this subsection.
(d-2) For the purposes of Subsections [Subsection] (d) and
(d-1), a defendant has been previously convicted under this section
if the defendant was adjudged guilty of the offense or entered a
plea of guilty or nolo contendere in return for a grant of deferred
adjudication, regardless of whether the sentence for the offense
was ever imposed or whether the sentence was probated and the
defendant was subsequently discharged from community supervision.
SECTION 2. 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 3. This Act takes effect September 1, 2023.