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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of burglary of a vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.04, Penal Code, is amended by |
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amending Subsection (d) and adding Subsections (f) and (g) to read |
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as follows: |
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(d) An offense under this section is: |
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(1) a Class B misdemeanor if the amount of pecuniary |
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loss to tangible personal property is less than $500; |
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(2) a Class A misdemeanor if the amount of pecuniary |
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loss to tangible personal property is $500 or more but less than |
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$1,500; |
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(3) a state jail felony if: |
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(A) the amount of pecuniary loss to tangible |
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personal property is $1,500 or more but less than $20,000; |
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(B) the amount of pecuniary loss to tangible |
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personal property is less than $1,500 and the actor has previously |
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been convicted two or more times under this section; |
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(C) the amount of pecuniary loss to tangible |
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personal property is less than $1,500 and the actor commits theft of |
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an official ballot or official carrier envelope for an election in |
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the course of committing the offense; or |
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(D) the amount of pecuniary loss to tangible |
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personal property is less than $1,500 and [unless] the vehicle or |
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part of the vehicle broken into or entered is a rail car; |
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(4) a felony of the third degree if the amount of |
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pecuniary loss to tangible personal property is $20,000 or more but |
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less than $100,000; |
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(5) a felony of the second degree if the amount of |
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pecuniary loss to tangible personal property is $100,000 or more |
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but less than $200,000; or |
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(6) a felony of the first degree if the amount of |
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pecuniary loss to tangible personal property is $200,000 or more [,
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in which event the offense is a state jail felony]. |
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(f) If the actor, pursuant to one scheme or continuing |
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course of conduct, commits three or more offenses under this |
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section in a 24–hour period, the conduct may be considered as one |
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offense and the amounts of pecuniary loss aggregated in determining |
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the grade of offense. |
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(g) For the purposes of Subsection (d), the amount of |
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pecuniary loss to tangible personal property is the sum of: |
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(1) the cost of repairing or restoring the vehicle, if |
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the actor damaged the vehicle in the course of committing the |
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offense; and |
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(2) the fair market value of any tangible personal |
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property the actor stole from the vehicle, if the actor committed |
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theft in the course of committing the offense. |
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SECTION 2. 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 at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For the |
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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 3. This Act takes effect September 1, 2007. |