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