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.