Bill Text: TX HB1178 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the punishment for burglary and theft involving controlled substances.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB1178 Detail]

Download: Texas-2017-HB1178-Introduced.html

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85R2751 JSC-D
By: Kuempel H.B. No. 1178

A BILL TO BE ENTITLED
AN ACT
relating to the punishment for burglary and theft of controlled
substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.01, Penal Code, is amended by adding
Subdivision (4) to read as follows:
(4) "Controlled substance" has the meaning assigned by
Section 481.002, Health and Safety Code.
SECTION 2. Section 30.02, Penal Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) Except as provided in Subsection (c-1) or (d), an
offense under this section is a:
(1) state jail felony if committed in a building other
than a habitation; or
(2) felony of the second degree if committed in a
habitation.
(c-1) An offense under this section is a felony of the third
degree if:
(1) the premises are a building in which a controlled
substance is generally stored, including a pharmacy, clinic,
hospital, or nursing facility; and
(2) the person entered or remained concealed in that
building with intent to commit a theft of a controlled substance.
SECTION 3. Section 31.03(e), Penal Code, is amended to read
as follows:
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than $100;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is $100 or
more but less than $750;
(B) the value of the property stolen is less than
$100 and the defendant has previously been convicted of any grade of
theft; or
(C) the property stolen is a driver's license,
commercial driver's license, or personal identification
certificate issued by this state or another state;
(3) a Class A misdemeanor if the value of the property
stolen is $750 or more but less than $2,500;
(4) a state jail felony if:
(A) the value of the property stolen is $2,500 or
more but less than $30,000, or the property is less than 10 head of
sheep, swine, or goats or any part thereof under the value of
$30,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave,
including property that is a military grave marker;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) the value of the property stolen is less than
$2,500 and the defendant has been previously convicted two or more
times of any grade of theft;
(E) the property stolen is an official ballot or
official carrier envelope for an election; or
(F) the value of the property stolen is less than
$20,000 and the property stolen is:
(i) aluminum;
(ii) bronze;
(iii) copper; or
(iv) brass;
(5) a felony of the third degree if the value of the
property stolen is $30,000 or more but less than $150,000, or the
property is:
(A) cattle, horses, or exotic livestock or exotic
fowl as defined by Section 142.001, Agriculture Code, stolen during
a single transaction and having an aggregate value of less than
$150,000; [or]
(B) 10 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $150,000; or
(C) a controlled substance, regardless of the
value of the controlled substance stolen;
(6) a felony of the second degree if:
(A) the value of the property stolen is $150,000
or more but less than $300,000; or
(B) the value of the property stolen is less than
$300,000 and the property stolen is an automated teller machine or
the contents or components of an automated teller machine; or
(7) a felony of the first degree if the value of the
property stolen is $300,000 or more.
SECTION 4. Section 31.03(h), Penal Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Controlled substance" has the meaning assigned by
Section 481.002, Health and Safety Code.
SECTION 5. 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 6. This Act takes effect September 1, 2017.