AEZ C.S.H.B. 521 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 521 By: Galloway, Carolyn 4-17-97 Committee Report (Substituted) BACKGROUND Currently, Section 30.04 of the Penal Code provides that burglary of a vehicle is a Class A misdemeanor. PURPOSE HB 521, as proposed, would enhance the punishment to a state jail felony if at the trial it is determined that the defendant has been previously convicted of burglary of a vehicle. 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. SECTION BY SECTION ANALYSIS SECTION 1.Amends Section 30.04 (c), Penal Code, Burglary of Vehicles, by making the offense of burglary of a vehicle a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section. SECTION 2.The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. SECTION 3. Effective Date: September 1, 1997. SECTION 4. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill amended Section 30.04 of the Penal Code to increase the penalty of burglary of a vehicle a third degree felony. The substitute leaves the penalty as a Class A misdemeanor unless it is shown that the defendant has been previously convicted of burglary of a vehicle. The punishment would then be increased to a state jail felony.