BILL ANALYSIS

H.B. 261

By: Cortez

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised regarding an increase in crimes involving firearms and vehicle burglary. In an analysis of 2020 national data collected by the FBI, Everytown Research and Policy found that 52 percent of stolen firearms came from vehicles, which is a significant increase from 24 percent in 2010. Such activity has especially been dangerous for law enforcement as stolen firearms have been used against officers and civilians within minutes of reported incidents of vehicle burglary. H.B. 261 seeks to deter vehicle burglary offenses and punish offenders with imprisonment by enhancing the penalty for certain vehicle burglary offenses to a state jail felony.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 261 amends the Penal Code to enhance the penalty for burglary of a vehicle from a Class A misdemeanor to a state jail felony if the actor:

· possessed a firearm during the commission of the offense;

· committed theft of a firearm during the commission of the offense;

· used a stolen vehicle to facilitate the commission of the offense; or

· committed the offense with respect to two or more vehicles during the same criminal transaction or during different criminal transactions but pursuant to the same scheme or course of conduct.

The bill applies only to an offense committed on or after the bill's effective date and provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.