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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 vehicles. |
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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 Subsection (d-1) to read as |
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follows: |
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(d) An offense under this section is a Class A misdemeanor, |
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except that the offense is a state jail felony if: |
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(1) it is shown on the trial of the offense that the |
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defendant has been previously convicted two or more times under |
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this section; or |
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(2) [unless] the vehicle or part of the vehicle broken |
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into or entered is a rail car[, in which event the offense is a state
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jail felony]. |
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(d-1) For the purposes of Subsection (d), a defendant has |
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been previously convicted under this section if the defendant was |
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adjudged guilty of the offense or entered a plea of guilty or nolo |
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contendere in return for a grant of deferred adjudication, |
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regardless of whether the sentence for the offense was ever imposed |
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or whether the sentence was probated and the defendant was |
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subsequently discharged from community supervision. |
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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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2007 |
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. |