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AN ACT
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relating to the unlawful use of a criminal instrument or mechanical |
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security device; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.01, Penal Code, is amended to read as |
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follows: |
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Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR |
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MECHANICAL SECURITY DEVICE. (a) A person commits an offense if: |
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(1) the person [he] possesses a criminal instrument or |
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mechanical security device with the intent to use the instrument or |
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device [it] in the commission of an offense; or |
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(2) with knowledge of its character and with the |
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intent to use a criminal instrument or mechanical security device |
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or aid or permit another to use the instrument or device in the |
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commission of an offense, the person [he] manufactures, adapts, |
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sells, installs, or sets up the [a criminal] instrument or device. |
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(b) For the purpose of this section: |
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(1) "Criminal[, "criminal] instrument" means |
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anything, the possession, manufacture, or sale of which is not |
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otherwise an offense, that is specially designed, made, or adapted |
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for use in the commission of an offense. |
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(2) "Mechanical security device" means a device |
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designed or manufactured for use by a locksmith to perform services |
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for a customer who seeks entry to a structure, motor vehicle, or |
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other property. |
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(c) An offense under Subsection (a)(1) is one category lower |
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than the offense intended. An offense under Subsection (a)(2) is a |
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state jail felony. |
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SECTION 2. 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 on the date the offense was committed, |
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and 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 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2577 was passed by the House on May 5, |
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2011, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2577 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |