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BILL ANALYSIS

 

 

 

H.B. 2577

By: Miller, Sid

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties contend that a person currently is not prohibited from possessing locksmith tools without an appropriate license.  Interested parties further contend that locksmith tools are designed specifically for the purposes of repairing and defeating locks and lock systems, can be purchased at many retail outlets and online without any credentials, and are therefore easily accessible to any individual, including an individual with criminal intent.

 

Interested parties have observed that current statute makes the unlawful use of a criminal instrument an offense but does not adequately address the possession of locksmith tools without a proper license.  H.B. 2577 seeks to provide peace officers the ability to charge a person who possesses locksmith tools and is involved in the commission of an offense or intends to use the tools in the commission of an offense with a criminal penalty.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 2577 amends the Penal Code to redesignate the offense of unlawful use of a criminal instrument as unlawful use of criminal instrument or mechanical security device. The bill expands the conditions that constitute the offense to include: possessing a mechanical security device with the intent to use the device in the commission of an offense; or manufacturing, adapting, selling, installing, or setting up a mechanical security device with knowledge of its character and with the intent to use the device or aid or permit another to use the device in the commission of an offense. The bill defines "mechanical security device" as a device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry to a structure, motor vehicle, or other property.  The bill makes conforming and nonsubstantive changes.

 

EFFECTIVE DATE

 

September 1, 2011.