82R1668 MAW-D

By: Fletcher H.B. No. 341

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of and the punishment for the offense of

burglary committed while evading arrest or detention.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 30.02(a) and (d), Penal Code, are

amended to read as follows:

(a) A person commits an offense if, without the effective

consent of the owner, the person:

(1) enters a habitation, or a building (or any portion

of a building) not then open to the public, with intent to evade

arrest or detention or to commit a felony, theft, or an assault; or

(2) remains concealed in a building or habitation[,]

with intent to evade arrest or detention or to commit a felony,

theft, or an assault[, in a building or habitation]; or

(3) enters a building or habitation while evading or

attempting to evade arrest or detention; or

(4) [(3)] enters a building or habitation and commits

or attempts to commit a felony, theft, or an assault.

(d) An offense under this section is a felony of the first

degree if:

(1) the premises are a habitation; and

(2) any party to the offense entered the habitation

with intent to commit a felony other than felony theft or evasion of

arrest or detention or committed or attempted to commit a felony

other than felony theft or evasion of arrest or detention.

SECTION 2. 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 on the date 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 3. This Act takes effect September 1, 2011.