Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
John S. O'Brien, Deputy Director, Legislative Budget Board
HB35 by Eissler (Relating to the offenses of burglary of vehicles, theft, and tampering with identification numbers.), As Introduced
The bill would amend the Penal Code by enhancing the punishment for theft offenses involving the burglary of vehicles, theft of vehicles, and tampering with identification numbers. The offense of burglary of a vehicle would be enhanced from a Class A misdemeanor to a state jail felony. The theft of a motor vehicle would be punishable as a third degree felony unless the defendant has previously been convicted two or mores, in which case the offense would be punishable as a second degree felony. The bill would also enhance the punishment for the offense of tampering with identification numbers from a Class A misdemeanor to a state jail felony. The change in law made by this Act would apply only to an offense committed on or after September 1, 2005.
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
A third degree felony is punishable by imprisonment in a prison facility for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
A second degree felony is punishable by imprisonment in a prison facility for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
Assuming that sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand upon the adult corrections agencies, is estimated as follows:
|Fiscal Year||Increase In Felony Community Supervision Population||Increase In Demand For State Jail Capacity|
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice
JOB, GG, BT