Bill Text: TX SB1166 | 2023-2024 | 88th Legislature | Engrossed

Texas Senate Bill 1166

Bill Title: Relating to the punishment for the offense of burglary of a vehicle involving theft of a firearm; increasing a criminal penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2023-05-17 - Reported favorably w/o amendment(s) [SB1166 Detail]

Download: Texas-2023-SB1166-Engrossed.html



	By: Birdwell	S.B. No. 1166


	A BILL TO BE ENTITLED
	AN ACT
	relating to the punishment for the offense of burglary of a vehicle
	involving theft of a firearm; increasing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Sections 30.04(b) and (d), Penal Code, are
	amended to read as follows:
	(b) For purposes of this section:
	(1) "Enter"[~~, "enter"~~] means to intrude:
	(A) [~~(1)~~] any part of the body; or
	(B) [~~(2)~~] any physical object connected with the
	body.
	(2) "Firearm" has the meaning assigned by Section
	46.01.
	(d) An offense under this section is a Class A misdemeanor,
	except that:
	(1) the offense is a Class A misdemeanor with a minimum
	term of confinement of six months if it is shown on the trial of the
	offense that the defendant has been previously convicted of an
	offense under this section;
	(2) the offense is a state jail felony if:
	(A) it is shown on the trial of the offense that
	the defendant has been previously convicted two or more times of an
	offense under this section; or
	(B) the vehicle or part of the vehicle broken
	into or entered is a rail car; and
	(3) the offense is a felony of the third 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;
	or
	(B) the actor committed theft of a firearm during
	the commission of the offense.
	SECTION 2. 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 3. This Act takes effect September 1, 2023.