Bill Text: TX HB1344 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the punishment for the offense of burglary of a vehicle; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-03-05 - Referred to Criminal Jurisprudence [HB1344 Detail]
Download: Texas-2021-HB1344-Introduced.html
87R7031 MCF-D | ||
By: Leach | H.B. No. 1344 |
|
||
|
||
relating to the punishment for the offense of burglary of a vehicle; | ||
increasing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 30.04(d) and (e), Penal Code, are | ||
amended to read as follows: | ||
(d) An offense under this section is a state jail felony | ||
[ |
||
(1) the offense is a state jail felony [ |
||
defendant has been previously convicted of an offense under this | ||
section; | ||
(2) the offense is a [ |
||
degree if[ |
||
[ |
||
offense that the defendant has been previously convicted two or | ||
more times of an offense under this section; [ |
||
[ |
||
(3) the offense is a felony of the second [ |
||
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. | ||
(e) It is a defense to prosecution under this section that | ||
the actor: | ||
(1) entered a rail car or any part of a rail car, | ||
including a container or trailer carried on a rail car; and | ||
(2) was at that time an employee or a representative of | ||
employees exercising a right under the Railway Labor Act (45 U.S.C. | ||
Section 151 et seq.). | ||
SECTION 2. Article 42A.304(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) The amount of community service work ordered by the | ||
judge may not exceed: | ||
(1) 1,000 hours for an offense classified as a first | ||
degree felony; | ||
(2) 800 hours for an offense classified as a second | ||
degree felony; | ||
(3) 600 hours for: | ||
(A) an offense classified as a third degree | ||
felony; or | ||
(B) an offense under Section 30.04, Penal Code, | ||
classified as a state jail felony [ |
||
(4) 400 hours for an offense classified as a state jail | ||
felony; | ||
(5) 200 hours for: | ||
(A) an offense classified as a Class A | ||
misdemeanor, other than an offense described by Subdivision (3)(B); | ||
or | ||
(B) a misdemeanor for which the maximum | ||
permissible confinement, if any, exceeds six months or the maximum | ||
permissible fine, if any, exceeds $4,000; and | ||
(6) 100 hours for: | ||
(A) an offense classified as a Class B | ||
misdemeanor; or | ||
(B) a misdemeanor for which the maximum | ||
permissible confinement, if any, does not exceed six months and the | ||
maximum permissible fine, if any, does not exceed $4,000. | ||
SECTION 3. Sections 12.50(b) and (c), Penal Code, as | ||
amended by Chapters 418 (S.B. 201) and 1058 (H.B. 1028), Acts of the | ||
86th Legislature, Regular Session, 2019, are reenacted and amended | ||
to read as follows: | ||
(b) The increase in punishment authorized by this section | ||
applies only to an offense under: | ||
(1) Section 22.01; | ||
(2) Section 28.02; | ||
(3) Section 29.02; | ||
(4) Section 30.02; | ||
(5) Section 30.03; | ||
(6) Section 30.04; | ||
(7) Section 30.05; and | ||
(8) Section 31.03. | ||
(c) If an offense listed under Subsection (b)(1), (5), | ||
[ |
||
minimum term of confinement for the offense is increased to 180 | ||
days. If an offense listed under Subsection (b)(2), (4), or (8) is | ||
punishable as a felony of the first degree, the punishment for that | ||
offense may not be increased under this section. | ||
SECTION 4. The following provisions are repealed: | ||
(1) Article 42A.057, Code of Criminal Procedure; and | ||
(2) Section 30.04(c), Penal Code. | ||
SECTION 5. The changes in law made by this Act apply 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 when 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. To the extent of any conflict, this Act prevails | ||
over another Act of the 87th Legislature, Regular Session, 2021, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 7. This Act takes effect September 1, 2021. |