| 1 | 1 | | 89R5818 CJD-F |
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| 2 | 2 | | By: Birdwell S.B. No. 872 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the punishment for the offense of burglary of a vehicle |
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| 10 | 10 | | involving theft of a firearm; increasing a criminal penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 30.04(b) and (d), Penal Code, are |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (b) For purposes of this section: |
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| 15 | 15 | | (1) "Enter" [, "enter"] means to intrude: |
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| 16 | 16 | | (A) [(1)] any part of the body; or |
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| 17 | 17 | | (B) [(2)] any physical object connected with the |
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| 18 | 18 | | body. |
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| 19 | 19 | | (2) "Firearm" has the meaning assigned by Section |
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| 20 | 20 | | 46.01. |
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| 21 | 21 | | (d) An offense under this section is a Class A misdemeanor, |
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| 22 | 22 | | except that: |
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| 23 | 23 | | (1) the offense is a Class A misdemeanor with a minimum |
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| 24 | 24 | | term of confinement of six months if it is shown on the trial of the |
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| 25 | 25 | | offense that the defendant has been previously convicted of an |
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| 26 | 26 | | offense under this section; |
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| 27 | 27 | | (2) the offense is a state jail felony if: |
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| 28 | 28 | | (A) it is shown on the trial of the offense that |
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| 29 | 29 | | the defendant has been previously convicted two or more times of an |
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| 30 | 30 | | offense under this section; or |
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| 31 | 31 | | (B) the vehicle or part of the vehicle broken |
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| 32 | 32 | | into or entered is a rail car; and |
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| 33 | 33 | | (3) the offense is a felony of the third degree if: |
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| 34 | 34 | | (A) the vehicle broken into or entered is owned |
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| 35 | 35 | | or operated by a wholesale distributor of prescription drugs and |
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| 36 | 36 | | the actor breaks into or enters that vehicle with the intent to |
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| 37 | 37 | | commit theft of a controlled substance; [or] |
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| 38 | 38 | | (B) it is shown on the trial of the offense that |
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| 39 | 39 | | the actor committed the offense in the course of committing an |
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| 40 | 40 | | offense under Section 20.05(a)(2); or |
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| 41 | 41 | | (C) the actor committed theft of a firearm during |
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| 42 | 42 | | the commission of the offense. |
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| 43 | 43 | | SECTION 2. The change in law made by this Act applies only |
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| 44 | 44 | | to an offense committed on or after the effective date of this Act. |
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| 45 | 45 | | An offense committed before the effective date of this Act is |
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| 46 | 46 | | governed by the law in effect on the date the offense was committed, |
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| 47 | 47 | | and the former law is continued in effect for that purpose. For |
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| 48 | 48 | | purposes of this section, an offense was committed before the |
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| 49 | 49 | | effective date of this Act if any element of the offense occurred |
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| 50 | 50 | | before that date. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2025. |
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