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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment prescribed for burglary of a vehicle and |
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to grants of community supervision to persons who commit that |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.04(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense under this section is a [Class A misdemeanor,
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except that:
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[(1) the offense is a Class A misdemeanor with a
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minimum term of confinement of six months if it is shown on the
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trial of the offense that the defendant has been previously
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convicted of an offense under this section; and
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[(2) the offense is a] state jail felony [if:
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[(A) it is shown on the trial of the offense that
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the defendant has been previously convicted two or more times of an
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offense under this section; or
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[(B) the vehicle or part of the vehicle broken
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into or entered is a rail car]. |
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SECTION 2. Section 4(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) A defendant is not eligible for community supervision |
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under this section if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Section 15(a) or (a-1); |
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(3) does not file a sworn motion under Subsection (e) |
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of this section or for whom the jury does not enter in the verdict a |
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finding that the information contained in the motion is true; |
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(4) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any one of those subsections; |
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(5) is convicted of an offense listed in Section |
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3g(a)(1)(C), (E), or (H), if the victim of the offense was younger |
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than 14 years of age at the time the offense was committed; |
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(6) is convicted of an offense listed in Section |
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3g(a)(1)(D), if the victim of the offense was younger than 14 years |
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of age at the time the offense was committed and the actor committed |
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the offense with the intent to violate or abuse the victim sexually; |
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(7) is convicted of an offense listed in Section |
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3g(a)(1)(J); or |
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(8) is adjudged guilty of an offense under Section |
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19.02, Penal Code. |
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SECTION 3. Section 15(a)(2), Article 42.12, Code of |
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Criminal Procedure, is amended to read as follows: |
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(2) On conviction of a state jail felony punished |
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under Section 12.35(a), Penal Code, other than a state jail felony |
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listed in Subdivision (1) or Subsection (a-1), the judge may |
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suspend the imposition of the sentence and place the defendant on |
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community supervision or may order the sentence to be executed. |
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SECTION 4. Section 15, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (a-1) to read as |
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follows: |
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(a-1) On conviction of an offense under Section 30.04, Penal |
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Code, that is punished under Section 12.35(a), Penal Code, the |
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judge shall suspend the imposition of the sentence and place the |
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defendant on community supervision if the defendant: |
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(1) is younger than 21 years of age; |
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(2) has not been previously convicted of an offense |
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punishable as a Class B misdemeanor or as a higher category of |
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offense; and |
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(3) submits an oral or written request to the court to |
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place the defendant on community supervision under this subsection. |
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SECTION 5. Section 16(b), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) The amount of community service work ordered by the |
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judge: |
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(1) may not exceed 1,000 hours for an offense |
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classified as a first degree felony; |
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(2) may not exceed 800 hours for an offense classified |
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as a second degree felony; |
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(3) may not exceed 600 hours for an offense classified |
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as a third degree felony; |
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(4) may not exceed 400 hours for an offense classified |
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as a state jail felony; |
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(5) may not[:
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[(A) exceed 600 hours for an offense under
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Section 30.04, Penal Code, classified as a Class A misdemeanor; or
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[(B)] exceed 200 hours for an [any other] offense |
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classified as a Class A misdemeanor or for any other misdemeanor for |
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which the maximum permissible confinement, if any, exceeds six |
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months or the maximum permissible fine, if any, exceeds $4,000; and |
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(6) may not exceed 100 hours for an offense classified |
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as a Class B misdemeanor or for any other misdemeanor for which the |
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maximum permissible confinement, if any, does not exceed six months |
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and the maximum permissible fine, if any, does not exceed $4,000. |
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SECTION 6. The following are repealed: |
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(1) Section 30.04(d-1), Penal Code; |
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(2) Section 3(h), Article 42.12, Code of Criminal |
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Procedure; and |
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(3) Section 4(f), Article 42.12, Code of Criminal |
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Procedure. |
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SECTION 7. 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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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 8. This Act takes effect September 1, 2011. |