81R5796 PEP-D

By: Riddle H.B. No. 3520

A BILL TO BE ENTITLED

AN ACT

relating to the punishment prescribed for burglary of a vehicle and to grants of community supervision to persons who commit that offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 30.04(d), Penal Code, is amended to read as follows:

(d) An offense under this section is a [Class A misdemeanor, except that:

[(1) the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section; and

[(2) the offense is a] state jail felony [if:

[(A) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or

[(B) the vehicle or part of the vehicle broken into or entered is a rail car].

SECTION 2. Section 4(d), Article 42.12, Code of Criminal Procedure, as amended by Chapters 593 (H.B. 8) and 1205 (H.B. 1678), Acts of the 80th Legislature, Regular Session, 2007, is reenacted and amended to read as follows:

(d) A defendant is not eligible for community supervision under this section if the defendant:

(1) is sentenced to a term of imprisonment that exceeds 10 years;

(2) is convicted of a state jail felony for which suspension of the imposition of the sentence occurs automatically under Section 15(a) or (a-1);

(3) does not file a sworn motion under Subsection (e) of this section or for whom the jury does not enter in the verdict a finding that the information contained in the motion is true;

(4) is convicted of an offense for which punishment is increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any one of those subsections;

(5) is convicted of an offense listed in Section 3g(a)(1)(C), (E), or (H), if the victim of the offense was younger than 14 years of age at the time the offense was committed;

(6) is convicted of an offense listed in Section 3g(a)(1)(D), if the victim of the offense was younger than 14 years of age at the time the offense was committed and the actor committed the offense with the intent to violate or abuse the victim sexually; [or]

(7) is convicted of an offense listed in Section 3g(a)(1)(I); or

(8) is adjudged guilty of an offense under Section 19.02, Penal Code.

SECTION 3. Section 4(f), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(f) With respect to a defendant who is not otherwise ineligible for community supervision under this section as provided by Subsection (d), the [The] minimum period of community supervision under this section for an offense under Section 30.04, Penal Code, [punishable as a Class A misdemeanor with a minimum term of confinement of six months] is one year.

SECTION 4. Section 15(a)(2), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(2) On conviction of a state jail felony punished under Section 12.35(a), Penal Code, other than a state jail felony listed in Subdivision (1) or Subsection (a-1), the judge may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed.

SECTION 5. Section 15, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (a-1) to read as follows:

(a-1) On conviction of an offense under Section 30.04, Penal Code, that is punished under Section 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision if the defendant:

(1) is younger than 21 years of age;

(2) has not been previously convicted of an offense punishable as a Class B misdemeanor or as a higher category of offense; and

(3) submits an oral or written request to the court to place the defendant on community supervision under this subsection.

SECTION 6. Section 16(b), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(b) The amount of community service work ordered by the judge:

(1) may not exceed 1,000 hours for an offense classified as a first degree felony;

(2) may not exceed 800 hours for an offense classified as a second degree felony;

(3) may not exceed 600 hours for an offense classified as a third degree felony;

(4) except as provided by Subdivision (5), may not exceed 400 hours for an offense classified as a state jail felony;

(5) may not[:

[(A)] exceed 600 hours for an offense under Section 30.04, Penal Code[, classified as a Class A misdemeanor];

(6) may not [or

[(B)] exceed 200 hours for any [other] offense classified as a Class A misdemeanor or for any other misdemeanor for which the maximum permissible confinement, if any, exceeds six months or the maximum permissible fine, if any, exceeds $4,000; and

(7) [(6)] may not exceed 100 hours for an offense classified as a Class B misdemeanor or for any other misdemeanor for which the maximum permissible confinement, if any, does not exceed six months and the maximum permissible fine, if any, does not exceed $4,000.

SECTION 7. Section 30.04(d-1), Penal Code, and Section 3(h), Article 42.12, Code of Criminal Procedure, are repealed.

SECTION 8. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 9. To the extent of any conflict, this Act prevails over another Act of the 81st Legislature, Regular Session, 2009, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 10. This Act takes effect September 1, 2009.