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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
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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. 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) except as provided by Subdivision (5), may not |
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exceed 400 hours for an offense classified 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]; |
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(6) except as provided by Subdivision (5), may not [or
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[(B)] exceed 200 hours for 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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(7) [(6)] may not exceed 100 hours for an offense |
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classified as a Class B misdemeanor or for any other misdemeanor for |
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which the maximum permissible confinement, if any, does not exceed |
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six months and the maximum permissible fine, if any, does not exceed |
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$4,000. |
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SECTION 3. Sections 3(h) and 4(f), Article 42.12, Code of |
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Criminal Procedure, are repealed. |
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SECTION 4. 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 5. This Act takes effect September 1, 2011. |