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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment of the offense of burglary committed by |
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entering a building with intent to commit a theft involving an |
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automated teller machine or safe. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.02, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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(c) Except as provided in Subsection (d) or (e), an offense |
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under this section is a: |
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(1) state jail felony if committed in a building other |
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than a habitation; or |
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(2) felony of the second degree if committed in a |
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habitation. |
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(e) An offense under this section is a felony of the third |
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degree if the actor, with intent to commit a theft involving an |
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automated teller machine or a safe, uses an object or the actor's |
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body to damage a wall, door, or window and gain entry into a |
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building other than a habitation. |
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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 when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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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. |