82R1763 MAW-D
 
  By: Fletcher H.B. No. 221
 
 
 
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, is 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;
               (7)  is convicted of an offense listed in Section
  3g(a)(1)(J); or
               (8)  is adjudged guilty of an offense under Section
  19.02, Penal Code.
         SECTION 3.  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 4.  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 5.  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)  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; or
                     [(B)]  exceed 200 hours for an [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
               (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 6.  The following are repealed:
               (1)  Section 30.04(d-1), Penal Code;
               (2)  Section 3(h), Article 42.12, Code of Criminal
  Procedure; and
               (3)  Section 4(f), Article 42.12, Code of Criminal
  Procedure.
         SECTION 7.  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 8.  This Act takes effect September 1, 2011.