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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for the offense of |
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burglary of a vehicle and to grants of community supervision to |
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persons who commit that offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.04(d), Penal Code, is amended to read |
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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 felony of the third degree [state |
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jail felony] if: |
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(A) it is shown on the trial of the offense that |
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the defendant has been previously convicted two or more times of an |
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offense under this section; or |
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(B) the vehicle or part of the vehicle broken |
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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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the actor breaks into or enters that vehicle with the intent to |
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commit theft of a controlled substance; or |
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(B) it is shown on the trial of the offense that |
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the actor committed the offense in the course of committing an |
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offense under Section 20.05(a)(2). |
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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, other than an offense described by Subdivision (3)(B); |
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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 |
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(3)(B)]; 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. Article 42A.057, Code of Criminal Procedure, is |
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repealed. |
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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, 2025. |