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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of burglary of a vehicle; |
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increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 30.04(d) and (e), Penal Code, are |
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amended to read as follows: |
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(d) An offense under this section is a state jail felony |
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[Class A misdemeanor], except that: |
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(1) the offense is a state jail felony [Class A |
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misdemeanor] with a minimum term of confinement of one year [six |
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months] if it is shown on the trial of the offense that the |
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defendant has been previously convicted of an offense under this |
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section; |
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(2) the offense is a [state jail] felony of the third |
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degree if[: |
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[(A)] it is shown on the trial of the |
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offense that the defendant has been previously convicted two or |
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more times of an offense under this section; [or |
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[(B) the vehicle or part of the vehicle |
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broken into or entered is a rail car;] and |
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(3) the offense is a felony of the second [third] |
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degree if: |
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(A) the vehicle broken into or entered is owned |
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or operated by a wholesale distributor of prescription drugs; and |
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(B) the actor breaks into or enters that vehicle |
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with the intent to commit theft of a controlled substance. |
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(e) It is a defense to prosecution under this section that |
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the actor: |
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(1) entered a rail car or any part of a rail car, |
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including a container or trailer carried on a rail car; and |
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(2) was at that time an employee or a representative of |
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employees exercising a right under the Railway Labor Act (45 U.S.C. |
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Section 151 et seq.). |
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SECTION 2. Article 42A.304(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) The amount of community service work ordered by the |
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judge may not exceed: |
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(1) 1,000 hours for an offense classified as a first |
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degree felony; |
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(2) 800 hours for an offense classified as a second |
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degree felony; |
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(3) 600 hours for: |
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(A) an offense classified as a third degree |
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felony; or |
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(B) an offense under Section 30.04, Penal Code, |
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classified as a state jail felony [Class A misdemeanor]; |
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(4) 400 hours for an offense classified as a state jail |
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felony; |
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(5) 200 hours for: |
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(A) an offense classified as a Class A |
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misdemeanor, other than an offense described by Subdivision (3)(B); |
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or |
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(B) a misdemeanor for which the maximum |
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permissible confinement, if any, exceeds six months or the maximum |
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permissible fine, if any, exceeds $4,000; and |
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(6) 100 hours for: |
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(A) an offense classified as a Class B |
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misdemeanor; or |
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(B) a misdemeanor for which the maximum |
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permissible confinement, if any, does not exceed six months and the |
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maximum permissible fine, if any, does not exceed $4,000. |
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SECTION 3. Sections 12.50(b) and (c), Penal Code, as |
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amended by Chapters 418 (S.B. 201) and 1058 (H.B. 1028), Acts of the |
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86th Legislature, Regular Session, 2019, are reenacted and amended |
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to read as follows: |
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(b) The increase in punishment authorized by this section |
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applies only to an offense under: |
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(1) Section 22.01; |
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(2) Section 28.02; |
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(3) Section 29.02; |
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(4) Section 30.02; |
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(5) Section 30.03; |
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(6) Section 30.04; |
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(7) Section 30.05; and |
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(8) Section 31.03. |
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(c) If an offense listed under Subsection (b)(1), (5), |
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[(6),] (7), or (8) is punishable as a Class A misdemeanor, the |
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minimum term of confinement for the offense is increased to 180 |
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days. If an offense listed under Subsection (b)(2), (4), or (8) is |
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punishable as a felony of the first degree, the punishment for that |
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offense may not be increased under this section. |
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SECTION 4. The following provisions are repealed: |
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(1) Article 42A.057, Code of Criminal Procedure; and |
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(2) Section 30.04(c), Penal Code. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. This Act takes effect September 1, 2021. |