Bill Text: TX HB1178 | 2017-2018 | 85th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
85R2751 JSC-D | ||
By: Kuempel, Moody, Zerwas, Sheffield, | H.B. No. 1178 | |
Holland |
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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; [ |
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(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. |