The bill would amend the Penal Code by making the offense of burglary punishable as a felony of the third degree if the actor, with intent to commit a theft involving an automated teller machine or a safe, uses an object or the actor’s body to damage a wall, door, or window and gain entry into a building other than a habitation. 

The bill would take effect on September 1, 2007 and apply to offenses committed on or after that date.

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 the institutional division 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.
 
For fiscal year 2006, there were 1,679 intakes to state jail for the offense of burglary.  The additional impact to criminal justice populations from the bill would vary greatly depending on the number of enhanced sentences resulting from the provisions of the bill.  A check of Texas Department of Criminal Justice records, Department of Public Safety records, Office of Court Administration records, and Jail Standards Commission records did not reveal any information that would help in an accurate assumption regarding the manner in which an individual gained entry into a building to commit theft involving an automated teller machine or a safe; therefore, the probable impact of implementing the bill cannot be determined.