| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the consequences of certain offenses involving the |
|
|
burglary of a vehicle. |
|
|
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. This Act takes effect September 1, 2009. |