Bill Text: TX HB2685 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 2685

Introduced

Bill Title: Relating to the prosecution of the offense of unlawful use of criminal instrument or certain devices.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-13 - Referred to Criminal Jurisprudence [HB2685 Detail]

Download: Texas-2023-HB2685-Introduced.html

	88R6496 JRR-D

	By: Harless	H.B. No. 2685



	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of the offense of unlawful use of
	criminal instrument or certain devices.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The heading to Section 16.01, Penal Code, is
	amended to read as follows:
	Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR CERTAIN
	DEVICES [~~MECHANICAL SECURITY DEVICE~~].
	SECTION 2. Section 16.01(a), Penal Code, is amended to read
	as follows:
	(a) A person commits an offense if:
	(1) the person possesses a criminal instrument, [or]
	mechanical security device, motor vehicle key programming device,
	or relay hack device with the intent to use the instrument or device
	in the commission of an offense; or
	(2) with knowledge of its character and with the
	intent to use a criminal instrument, [or] mechanical security
	device, motor vehicle key programming device, or relay hack device
	or aid or permit another to use the instrument or device in the
	commission of an offense, the person manufactures, adapts, sells,
	installs, or sets up the instrument or device.
	SECTION 3. Section 16.01(b), Penal Code, is amended by
	adding Subdivisions (3), (4), and (5) to read as follows:
	(3) "Motor vehicle" has the meaning assigned by
	Section 32.34.
	(4) "Motor vehicle key programming device" means a
	device designed or used to electronically communicate with a motor
	vehicle for the purpose of programing a blank motor vehicle key fob
	that is capable of being used to start and operate the motor
	vehicle.
	(5) "Relay hack device" means a device capable of
	intercepting the signal from a motor vehicle key fob for the purpose
	of:
	(A) unlocking the motor vehicle; or
	(B) remotely activating the ignition of the motor
	vehicle.
	SECTION 4. 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 5. This Act takes effect September 1, 2023.