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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. |
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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
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a
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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(1) [(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 |
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an offense under this section; or |
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(2) [(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. Sections 3(h) and 4(f), Article 42.12, Code of |
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Criminal Procedure, are repealed. |
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SECTION 3. 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 4. This Act takes effect September 1, 2011. |