By: Yarbrough H.B. No. 439
73R2900 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of burglary.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 30.02, Penal Code, is amended by adding
1-5 Subsection (d) to read as follows:
1-6 (d) The minimum term of imprisonment otherwise imposed on
1-7 conviction of a first or second degree felony under this section is
1-8 increased by five years if it is shown on the trial of the offense
1-9 that during the commission of the offense the defendant committed
1-10 theft of a firearm. If it is shown on the trial of the offense
1-11 that during the commission of the offense the defendant committed
1-12 theft of more than one firearm, the minimum term of imprisonment is
1-13 increased by two years for each additional firearm stolen. In this
1-14 subsection, "firearm" has the meaning assigned by Section 46.01 of
1-15 this code.
1-16 SECTION 2. (a) The change in law made by this Act applies
1-17 only to a defendant convicted of an offense committed on or after
1-18 the effective date of this Act. For purposes of this section, an
1-19 offense is committed before the effective date of this Act if any
1-20 element of the offense occurs before the effective date.
1-21 (b) A defendant convicted of an offense committed before the
1-22 effective date of this Act is covered by the law in effect when the
1-23 offense was committed, and the former law is continued in effect
1-24 for this purpose.
2-1 SECTION 3. This Act takes effect September 1, 1993.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.