| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the punishment for the offense of unlawful use of a |
|
|
criminal instrument with intent to commit certain felony offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 16.01(b), Penal Code, is amended by |
|
|
adding Subdivision (3) to read as follows: |
|
|
(3) "Vehicle" has the meaning assigned by Section |
|
|
28.01. |
|
|
SECTION 2. Section 16.01, Penal Code, is amended by |
|
|
amending Subsection (c) and adding Subsection (d) to read as |
|
|
follows: |
|
|
(c) An offense under Subsection (a)(1) is one category lower |
|
|
than the offense intended, except that the offense is punishable as |
|
|
the same category of offense as the offense intended if it is shown |
|
|
on the trial of the instant offense that the criminal instrument was |
|
|
a vehicle modified for purposes of concealing the commission of any |
|
|
of the following: |
|
|
(1) a felony offense under Chapter 481 or 483, Health |
|
|
and Safety Code; |
|
|
(2) a felony offense under Chapter 34; or |
|
|
(3) an offense under Section 46.041, 46.09, or 46.14. |
|
|
(d) An offense under Subsection (a)(2) is a state jail |
|
|
felony. |
|
|
SECTION 3. 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 4. This Act takes effect September 1, 2013. |